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CHAPTER 7 – PUBLIC UTILITIES


Article 1 – Utilities Generally
SECTION 7-101: VILLAGE POWERS; RATE SETTING
SECTION 7-102: BILLING AND COLLECTIONS
SECTION 7-103: DISCONTINUANCE OF SERVICE; NOTICE; PROCEDURE
SECTION 7-104: LIEN
SECTION 7-105: DIVERSION OF SERVICES; METER TAMPERING, UNAUTHORIZED RECONNECTION PROHIBITED; EVIDENCE
SECTION 7-106: DIVERSION OF SERVICES; PENALTY
Article 2 – Water Department
SECTION 7-201: OPERATION AND FUNDING
SECTION 7-202: DEFINITIONS
SECTION 7-203: MANDATORY HOOKUP; private non-village wells
SECTION 7-204: CONSUMER'S APPLICATION; DEPOSIT; service to nonresidents
SECTION 7-205: WATER CONTRACT; NOT TRANSFERABLE
SECTION 7-206: CONSTRUCTION; REGULATIONS
SECTION 7-207: PROHIBITION OF LEAD PIPES, SOLDER AND FLUX
SECTION 7-208: water meters required; lawful use
SECTION 7-209: INSTALLATION; EXPENSE; tap fee
SECTION 7-210: PLUMBERS; LIABILITY
SECTION 7-211: INSTALLATION or repair PROCEDURE
SECTION 7-212: water RATES; MULTIPLE UNIT DWELLINGS
SECTION 7-213: billing and collections
SECTION 7-214: REPAIRS AND MAINTENANCE
SECTION 7-215: INSPECTIOn of work
SECTION 7-216: RIGHT OF ENTRY FOR INSPECTION
SECTION 7-217: SINGLE PREMISES
SECTION 7-218: DESTRUCTION OF PROPERTY
SECTION 7-219: FIRE HYDRANTS
SECTION 7-220: POLLUTION
SECTION 7-221: COMMERCIAL LIVESTOCK WATERING OPERATIONS
SECTION 7-222: cross-connection control program
SECTION 7-223: RESTRICTED USE
section 7-224: ADOPTION OF DROUGHT EMERGENCY CONTINGENCY PLAN
section 7-225: Water emergency; STAGE ONE, WATER WATCH
Section 7-226: Water emergency; STAGE TWO, WATER WARNING

Section 7-227: Water Emergency; STAGE THREE, WATER EMERGENCY
SECTION 7-228: WELLS AND OTHER UNDERGROUND FACILITIES; DISTANCE FROM VILLAGE WATER SOURCES
Article 3 – Sewer Department
SECTION 7-301: OPERATION AND FUNDING
SECTION 7-302: DEFINITIONS
SECTION 7-303: UNLAWFUL deposits and discharges; prohibited facilities
SECTION 7-304: MANDATORY HOOKUP
SECTION 7-305: consumer’s APPLICATION; PERMIT; deposit; SERVICE TO NONRESIDENTS
SECTION 7-306: PRIVATE SEWER System or septic tank
SECTION 7-307: SEWER CONTRACT; NOT TRANSFERABLE
SECTION 7-308: INSTALLATION EXPENSE; TAP FEE
SECTION 7-309: PLUMBERS; LIABILITY
SECTION 7-310: INSTALLATION OR REPAIR; PROCEDURE
SECTION 7-311: INDEPENDENT CONNECTION; EXCEPTION
SECTION 7-312: FEE STRUCTURE; CLASSIFICATION
SECTION 7-313: sewer rates; MULTIPLE UNIT DWELLINGS
SECTION 7-314: BILLING AND COLLECTIONs
SECTION 7-315: REPAIR AND REPLACEMENT; expense
SECTION 7-316: MANHOLES
SECTION 7-317: DESTRUCTION OF PROPERTY
SECTION 7-318: VILLAGE LIABILITY
SECTION 7-319: PROHIBITED DISCHARGES; waters
SECTION 7-320: HAZARDOUS DISCHARGES; PRETREATMENT
Article 4 – Solid Waste
SECTION 7-401: DEFINITIONS
SECTION 7-402: MANDATORY DISPOSAL; PROHIBITIONS
SECTION 7-403: contract vendor; garbage collection
SECTION 7-404: COLLECTION FEES
SECTION 7-405: YARD WASTE PROHIBITED
SECTION 7-406: LANDFILL; PROHIBITions
SECTION 7-407: DISPOSAL AT APPROVED SITEs
SECTION 7-408: COMMERCIAL ENTERPRISES; disposal; fees
SECTION 7-409: DEAD ANIMALS
Article 5 – Penal Provision
SECTION 7-501: VIOLATION; PENALTY

CHAPTER 7 – PUBLIC UTILITIES

Article 1 – Utilities Generally

SECTION 7-101: VILLAGE POWERS; RATE SETTING
The Village currently owns and operates a water supply and distribution system and a sanitary sewer disposal and treatment system. The Village has the right and power to tax assets and collect from its residents such tax, rent or rates for the use and benefit of the water used or supplied to them by the water system. The Village Board is authorized to establish by ordinance such rates for water and sewer service as may be deemed fair and reasonable. All such rates, taxes or rent shall be a lien upon the premises or real estate for which the same is used or supplied and such taxes, rents or rates shall be paid and collected and such lien enforced in such manner as the board shall by ordinance direct and provide. All such rates, taxes or rent shall be on file in the office of the village clerk for public inspection. (Neb. Rev. Stat. §17-538)

SECTION 7-102: BILLING AND COLLECTIONS
Water, sewer and sanitation fees shall be due and payable at the office of the village clerk. The water commissioner shall read or cause to be read water meters on or before the 23rd day of the period of consumption following that in which service was used. The village clerk shall mail bills to the consumers based on the monthly meter reading on the clerk’s first working day following the 23rd day of each month. It shall be the duty of the consumers to present themselves monthly at the office of the clerk to pay their bills in net cash. The water commissioner shall direct the village clerk to charge and collect from each consumer for the amount of water consumed since the last meter reading, together with any other properly assessed and itemized charges due to the Water Department, as follows:

A. Bills shall be due on the 10th day of the month. In the event the 10th day of the month falls on a weekend, federal holiday or any other day on which the village office is not open for business, the due date for payment of utility services shall be the first working day after the 10th day of the month.

B. Bills for utility services are delinquent on the 15th day of the month. In the event the 15th day of the month falls on a weekend, federal holiday or any other day on which the village office is not open for business, bills for utility services become delinquent the first working day after the 15th day of the month. Bills paid after the 15th day of the month or on the first business day following the 15th of the month, as defined above, shall be deemed delinquent and the village clerk shall give written notice to the consumer of such delinquency and shall demand payment immediately. Any account with a balance of $5.00 or more shall be assessed a late fee as set by resolution of the Village Board and placed on file in the office of the village clerk.

C. The written notice of demand for delinquent payment shall contain notice that, in the event the delinquent bill is not paid by the 20th day of the same month in which the delinquency occurs, water service shall be disconnected on the next business day following the 20th of the month. In the event the 20th day of the month falls on a weekend, federal holiday or any other day on which the village office is not open for business, water service may be discontinued the first business day following the 20th of the month.

D. The water commissioner shall assess an additional fee, set by resolution of the Board of Trustees and placed on file at the office of the village clerk, in the event that water service is shut off to compensate the Village for the additional labor necessary to again provide water service to the delinquent customer.
(Res. No. 2012-0409)

SECTION 7-103: DISCONTINUANCE OF SERVICE; NOTICE; PROCEDURE
A. No village utility shall discontinue service to any domestic subscriber for nonpayment of any due account unless such utility shall first give written notice by mail to any subscriber whose service is proposed to be terminated at least seven days prior to termination, weekends and holidays excluded.

B. Prior to the discontinuance of service to any domestic subscriber by a village utility, the domestic subscriber upon request shall be provided a conference with the Board of Trustees. The board has established procedures to resolve utility bills when a conference is requested by a domestic subscriber. Such procedures, three copies of which are on file in the office of the village clerk, are hereby incorporated by reference in addition to any amendments thereto and are made a part hereof as though set out in full. A copy of such procedures shall be furnished upon the request of any domestic subscriber. The Board of Trustees shall notify the domestic subscriber of the time, place, and date scheduled for such conference.

C. This section shall not apply to any disconnections or interruptions of services made necessary by the Village for reasons of repair or maintenance or to protect the health or safety of the domestic subscriber or of the general public.
(Neb. Rev. Stat. §70-1603, 70-1604)

SECTION 7-104: LIEN
In addition to all other remedies, if a customer shall for any reason remain indebted to the Village for utility services furnished, such amount due, together with any rents and charges in arrears, shall be considered a delinquent utility rent which is hereby declared to be a lien upon the real estate for which the same was furnished. The village clerk shall notify in writing or cause to be notified in writing all owners of premises or their agents whenever their tenants or lessees are 60 days or more delinquent in the payment of the utilities rent. It shall be the duty of the utilities superintendent on June 1 of each year to report to the Village Board a list of all unpaid accounts due for utilities service, together with a description of the premises served. The report shall be examined and if approved by the board, shall be certified by the village clerk to the county clerk to be collected as a special tax in the manner provided by law. (Neb. Rev. Stat. §17-538, 17-925.01, 18-503)

SECTION 7-105: DIVERSION OF SERVICES; METER TAMPERING, UNAUTHORIZED RECONNECTION PROHIBITED; EVIDENCE
A. Any person who connects any instrument, device, or contrivance with any pipe supplying water without the knowledge and consent of the Village in such manner that any portion thereof may be supplied to any instrument by or at which the 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.

B. 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 water passing through it without the knowledge and consent of the Village shall be deemed guilty of an offense.

C. When water service has been disconnected pursuant to Neb. Rev. Stat. §70-1601 to 70-1615, or Section 7-103 of this code, any person who reconnects such service without the knowledge and consent of the Village shall be deemed guilty of an offense.

D. Proof of the existence of any pipe 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.
(Neb. Rev. Stat. §25-21,275 through 25-21, 278, 28-515.02)

SECTION 7-106: DIVERSION OF SERVICES; PENALTY
A. The Village may bring a civil action for damages against any person who commits, authorizes, solicits, aids, abets or attempts bypassing , tampering or unauthorized metering when such act results in damages to a village utility. The Village may bring a civil action for damages pursuant to this section against any person receiving the benefit of utility service through means of bypassing, tampering or unauthorized metering.

B. In any civil action brought pursuant to this section, the Village shall be entitled, upon proof of willful or intentional bypassing, tampering or unauthorized metering, to recover as damages:

1. The amount of actual damage or loss if such amount may be reasonably calculated; or
2. Liquidation damages of $750.00 if the amount of actual damage or loss cannot be reasonably calculated.

C. In addition to damage or loss under subdivision (B) (1) or (2), the Village may recover all reasonable expenses and costs incurred on account of the bypassing, tampering or unauthorized metering including but not limited to disconnection, reconnection, service calls, equipment, costs of the suit and reasonable attorney's fees in cases within the scope of Neb. Rev. Stat. §25-1801.

D. There shall be a rebuttable presumption that a tenant or occupant at any premises where bypassing, tampering or unauthorized metering is proven to exist caused or had knowledge of such bypassing, tampering or unauthorized metering if the tenant or occupant (1) had access to the part of the utility supply system on the premises where the bypassing, tampering, or unauthorized metering is proven to exist and (2) was responsible or partially responsible for payment, either directly or indirectly, to the utility or to any other person for utility services to the premises.

E. There shall be a rebuttable presumption that a customer at any premises where bypassing, tampering or unauthorized metering is proven to exist caused or had knowledge of such bypassing, tampering or unauthorized metering if the customer controlled access to the part of the utility supply system on the premises where the bypassing, tampering or unauthorized metering was proven to exist.

F. The remedies provided by this section shall be deemed to be supplemental and additional to powers conferred by existing laws, and the remedies provided in this section are in addition to and not in limitation of any other civil or criminal statutory or common law remedies.
(Neb. Rev. Stat. §25-21,276, 25-21,277)

Article 2 – Water Department

SECTION 7-201: OPERATION AND FUNDING
A. The Village owns and operates the Water Department through the utilities superintendent. The Village Board, for the purpose of defraying the cost of the care, management, and maintenance of the 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 village treasurer.

B. The utilities superintendent shall have the direct management and control of the Water 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 Water Department, subject to the supervision and review of the Village Board. The said board 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 village clerk for public inspection during office hours.
(Neb. Rev. Stat. §17-531, 17-534, 19-1305)

SECTION 7-202: DEFINITIONS
The following definitions shall be applied throughout this section. Where no definition is specified, the normal dictionary usage of the word shall apply.

”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 Village.

“Separate premises" is hereby defined to be more than one consumer procuring water from the same service or supply pipe. The second premises may be a separate dwelling, apartment, building, or structure used for a separate business.

”Service pipe" is hereby defined to be any pipe extending from the shut-off, stop box, or curb cock at or near the lot line to and beyond the property line of the consumer to the location on the premises where the water is to be dispersed.

”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 consumer's premises where the shut-off, stop box, or curb cock is located.

SECTION 7-203: MANDATORY HOOKUP; private non-village wells
All persons whose property abuts a main that is now or may hereafter be laid shall be required, upon notice by the Village Board, to hook up with the village water system. Each building hereafter erected shall be connected with the water system at the time of its erection. In the event any owner, occupant or lessee shall neglect, fail or refuse within a period of ten days after the notice has been given by regular mail or by publication in a newspaper in or of general circulation in the Village to make such connection, the Village Board shall have the power to cause the same to be done, to assess the cost thereof against the property and to collect the water bills in the manner provided for collection of other special taxes or assessments or to collect in the manner provided for the collection of water bills as provided herein. (Neb. Rev. Stat. §17-537)

B. Private wells previously constructed and operating prior to the Village’s establishment of its water system shall be permitted to operate, providing that such well complies with other existing, applicable ordinances and does not violate applicable state laws or regulations promulgated by the Nebraska Department of Health.
(Neb. Rev. Stat. §17-537)

SECTION 7-204: CONSUMER'S APPLICATION; DEPOSIT; service to nonresidents
A. Every person desiring a supply of water must make application therefor to the village clerk, who may require any applicant to make a service deposit as described below. Water shall not be supplied to any house or private service pipe except upon the order of the utilities superintendent.

B. There is hereby established a water deposit in an amount as set by the Village Board and placed on file in the office of the village clerk. Such deposit shall be paid before any applicant shall be furnished with water services provided by the Village. The said deposit shall be placed in a special deposit account and shall be refunded to the applicant as follows:

1. Returned to applicant, upon written request, at the end of 30 months if such applicant's water bills have been paid promptly with no more than two delinquent payments during the 30 months immediately preceding the request. A payment under this section shall be deemed delinquent if made more than 15 days after the date set forth on the monthly billing statement; or

2. When the water service has been disconnected at the request of the applicant; a final water meter reading has been taken and there is no amount due and owing on the part of the applicant for water services. In that case, any deposit on hand plus accrued interest thereon, minus the amount of any unpaid billing statement and other charges shall be refunded to the customer.
(Res. No. 2012-0409)

D. The department shall not supply water service to any person outside the corporate limits without special permission from the Village Board; 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 Village to provide water service to nonresidents.
(Neb. Rev. Stat. §17-537, 19-2701)

SECTION 7-205: WATER CONTRACT; NOT TRANSFERABLE
A. The rules, regulations, and water rates set forth in this chapter 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 any present consumer thereof and the furnishing of water service to said consumer shall constitute a contract between the consumer and the Village, to which said contract both parties are bound. If the consumer shall violate any of the provisions of said contract or any reasonable rules and regulations that the Village Board may hereafter adopt, the utilities superintendent or his agent may cut off or disconnect the water service from the building or premises or place of such violation. No further connection for water service to said building, prem-ises, or place shall again be made save or except by order of said superintendent or his agent.

B. 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 sell, dispose of, or move from the premises where service is furnished or if the said premises are destroyed by fire or other casualty, he or she shall at once inform the village clerk, who shall cause the water service to be shut off at the said premises. If the consumer should fail to give such notice, he or she shall be charged for water monthly until the water commissioner is otherwise advised of such circumstances.
(Neb. Rev. Stat. §17-537)

SECTION 7-206: CONSTRUCTION; REGULATIONS
All parts of the water system constructed or extended within the jurisdiction of the Village shall be done in compliance with Neb. Rev. Stat. Chapter 17, Article 9 (i), as amended. (Neb. Rev. Stat. §17-970 thru 17-976)

SECTION 7-207: PROHIBITION OF LEAD PIPES, SOLDER AND FLUX
Any pipe, solders or flux used in the installation or repair of any residential or nonresi-dential building which is connected to the public water supply system shall be lead free. For purposes of this section, “lead free” shall mean (A) solders and flux, not more than .2% lead, and (B) pipe and pipe fittings, not more than 8% lead. (Neb. Rev. Stat. §71-5301)

SECTION 7-208: water meters required; lawful use
All municipal water use shall be metered as provided in this article. Municipal water shall not be utilized to irrigate crops or other agricultural products; provided, watering of gardens and lawns with municipal water shall be allowed.
SECTION 7-209: INSTALLATION; EXPENSE; tap fee
A. All applicants for a new water tap onto the Village's water main shall post a cost bond prior to the Village’s tapping of the main. Said bond shall be as set by the Village Board and placed on file in the office of the village clerk. Upon posting of the cost bond by the applicant, the Village shall provide the fixtures and labor to tap the main and to run the line to the stop box at the lot line of the customer. The water commissioner or his duly authorized agent shall determine the costs and expenses of tapping the main and shall deduct them from the cost bond. The balance of such bond shall be reimbursed to the customer upon completion of the water tap. In the event that the cost bond is not sufficient to pay for the cost of the tap, the applicant shall pay the balance of the cost prior to the water being turned on. The customer shall, at his/her own expense, bring water service from the stop box to his or her own premises and shall employ a plumber to install such water service. The Village shall furnish the meter but it is the responsibility of the customer to pay for its installation. Nonresidents shall pay such tap fees and installation charges in advance in such sums as the water commissioner shall fix in each case, based on the estimated cost of the tap.

B. The Village shall not be required to extend water service at its own expense to any lot which does not abut on a street at a place where a commercial water main is in existence at the time the service shall be applied for. The costs of the extension of any water mains for service to a specific consumer shall be borne by the water applicant. Where water mains are extended, the Village may furnish all labor and equipment necessary for the installation of water mains and services and shall charge the applicant the actual costs thereof. The Village shall be the owner of any water mains and shall maintain and replace the same at no cost to the user. Water mains are described as any two-inch pipe or larger. Fire hydrants and valves pertaining to hydrants will be paid for out of the water fund.
(Neb. Rev. Stat. §17-542)

SECTION 7-210: PLUMBERS; LIABILITY
All plumbing shall be done in the manner required by the village plumbing code or according to acceptable plumbing practices of the area. The plumber’s work shall be at all times subject to the inspection and approval of the village building inspector, and it shall be further unlawful to cover or conceal willfully any defective or unsatisfactory plumbing work. It shall be unlawful for any plumber or pipefitter to do any work upon any of the pipes or appurtenances of the village waterworks or to make any connection with or extension of the supply pipes of any consumer taking water from said system. (Neb. Rev. Stat. §17-537)

SECTION 7-211: INSTALLATION or repair 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 be least inconvenient 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 utilities superintendent shall have the duty to finish or correct the work and all expenses so incurred shall be charged to the consumer. (Neb. Rev. Stat. §17-537, 71-5301)

SECTION 7-212: water RATES; MULTIPLE UNIT DWELLINGS
A. The Village Board 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 rates shall be on file for public inspection at the office of the village clerk. All water consumers shall be liable for the minimum rate provided by ordinance unless and until a consumer shall, by written order, direct the utilities superintendent to shut off the water at the stop box, in which case he or she shall not be liable thereafter for water rental until the water is turned on again. (Neb. Rev. Stat. §17-540, 17-542)

B. All water rates shall be applicable to each individual unit contained within a multiple unit dwelling. A "multiple unit dwelling" is defined as any structure housing two or more separate businesses or, in the case of residential housing, two or more separate individuals or families. Each separate unit shall be assessed a water charge for each month said unit is occupied. It shall be the responsibility of the landlord to notify the Village when any individual unit has been vacated. A failure to do so shall render the landlord liable for any payment for any water charges due and payable for the time the unit is unoccupied. It shall be unlawful for any landlord and/or tenant to falsely report the vacancy of any unit.

SECTION 7-213: billing and collections
The village clerk shall bill the consumers and collect all money received by the Village on the account of the Water Department and shall faithfully account for and pay to the village treasurer all revenue collected. Billing, collection and termination procedures are set forth in Sections 7-102 and 7-103. (Neb. Rev. Stat. §17-540)

SECTION 7-214: REPAIRS AND MAINTENANCE
A. The Village shall repair or replace, as the case may be, all pipe between the commercial mains. The customer at his or her own expense shall replace and keep in repair all service pipe and supply pipes from the main to the place of dispersement on his or her property. When leaks occur in service pipes, the utilities superintendent shall shut off water service until the leak is repaired at the expense of the customer to the satisfaction of the water commissioner. (Neb. Rev. Stat. §17-537)

B. All water meters shall be kept in repair by the Village at its expense. When meters are worn out, they shall be replaced and reset by the Village at its expense; provided, if the customer permits or allows a water meter to be damaged, injured, or destroyed through his or her own recklessness, carelessness or neglect so that it must be repaired or replaced, the utilities superintendent shall bill and collect from the customer the cost of such meter repair or replacement in the same manner as water rent is collected. Permitting a water meter to be damaged or destroyed by freezing shall always be considered negligence on the part of the customer.

C. All meters shall be tested at the customer's request at his or her expense any reasonable number of times; provided, if the test shows the water meter to be running 2% or more fast, the expense of such test shall be borne by the Village. The Village reserves the right to test any water service meter at any time and if said meter is found to be beyond repair, the Village shall always have the right to place a new meter on the customer's water service fixtures at village expense. Should a consumer'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 monthly consumption during the same month of the preceding year; provided, if no such basis for comparison exists, the customer shall be charged such amount as may be reasonably fixed by the water commissioner. (Neb. Rev. Stat. §17-537)

SECTION 7-215: INSPECTIOn of work
All installations or repairs of pipes require two inspections by the water commissioner: (A) when connections or repairs are completed and before the pipes are covered and (B) after the dirt work is completed and the service is restored. It is the customer'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 for such installation by the commissioner; provided, the said rules, regulations, and specifications have been reviewed and approved by the Village Board. (Neb. Rev. Stat. §17-537)

SECTION 7-216: RIGHT OF ENTRY FOR INSPECTION
The water commissioner or his duly authorized agent shall have free access at any reasonable time to all parts of each premises 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. (Neb. Rev. Stat. §17-537)

SECTION 7-217: SINGLE PREMISES
No consumer shall supply water to other families or allow them to take water from his or her premises 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 premises for alteration, extension, or attachment without the written permission of the utilities superintendent. (Neb. Rev. Stat. §17-537)

SECTION 7-218: 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 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 utilities superintendent.

SECTION 7-219: 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 chief or employees 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 7-220: 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 Water Department. (Neb. Rev. Stat. §17-536)

SECTION 7-221: COMMERCIAL LIVESTOCK WATERING OPERATIONS
No commercial livestock operations shall be allowed within the limits of the Village unless such operation shall have first obtained permission from said village.

SECTION 7-222: cross-connection control program
The Village operates a cross-connection control program, to include the keeping of necessary records, which fulfills the requirements of the cross-connection regulations in Title 179 of the Nebraska Department of Health. The water commissioner shall be and hereby is responsible for the protection of the public potable water distribution system from contamination or pollution due to the backflow or backsiphonage of contaminants or pollutants through the water service connection. If, in the judgment of the water commissioner, an approved backflow device is required at the Village's water service connection to any customer's premises, the superintendent or his delegated agent shall give notice in writing to said customer to install an approved backflow prevention device at each service connection to his or her premises. The customer shall, within 90 days, install such approved device or devices at his or her own expense. Failure by reason of refusal or inability on the part of the customer to install said device or devices within 90 days shall constitute grounds for discontinuing water service to the premises until such device or devices have been properly installed. The installation of any devices shall be subject to all other sections of this code dealing with installation of plumbing.

SECTION 7-223: RESTRICTED USE
The Village Board or the utilities superintendent may order a reduction in the use of water or shut off the water on any premises in the event of a water shortage due to fire, drought or other good and sufficient cause. The Village 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 Village has no control. (Neb. Rev. Stat. §17-537)

section 7-224: ADOPTION OF DROUGHT EMERGENCY CONTINGENCY PLAN
The Village shall address any short-term water shortage problems through a series of stages based on conditions of supply and demand with accompanying triggers, goals, and actions. Each stage is more stringent in water use than the previous stage since there will be a greater deterioration in water supply conditions. The chairman of the Village Board is hereby authorized to implement the appropriate conservation measures as set forth in this section, when any of the conditions have been reached which would qualify for any of the specific stages. The chairman is given discretion to declare each particular stage as deemed appropriate by him or her by reviewing the severity of the trigger conditions and other additional information and is further authorized to implement conservation measures within the guidelines provided for each particular stage.

section 7-225: Water emergency; STAGE ONE, WATER WATCH
A. Triggers. This stage is triggered by any one of the following conditions:

1. Ground water levels have fallen 5 feet below normal seasonal levels.
2. System pressure falls below 35 pounds per square inch.
3. Demand for one day is in excess of 500,000 gallons per day.

B. Goals. The goals of this stage are to heighten awareness of the public of the water conditions and to maintain the integrity of the system.

C. Management Actions.

1. Leaks will be repaired within 48 hours of detection.
2. The Village will monitor its use of water and will curtail activities such as hydrant flushing and street cleaning.

D. Regulation Actions. The public will be informed through the local media of the water watch. Residents will be asked to voluntarily reduce outdoor water use and to efficiently use water for indoor purposes, for example, washing full loads of clothing and/or dishes, limiting the length and frequency of showers, checking for water leaks and dripping of faucets, to prevent any unnecessary use of water.

Section 7-226: Water emergency; STAGE TWO, WATER WARNING
A. Triggers. This stage is triggered by any one of the following conditions:

1. Ground water levels have fallen 10 feet below normal seasonal levels.
2. System pressure falls below 35 pound per square inch.
3. Plant operations are at 80% capacity for more than three consecutive days.
4. Demand for one day is in excess of 500,000 gallons per day.

B. Goals. The goals of this stage are to reduce peak demands by 20% and to reduce overall weekly consumption by 10%.

C. Management Actions.

1. Water supply will be monitored daily.
2. Leaks will be repaired within 24 hours of detection.
3. Pumpage at wells will be reduced to decrease drawdown and to maintain water levels over well screens.
4. The Village will curtail its water usage, including watering of village grounds and washing of vehicles.

D. Regulation Actions. In addition to the regulation actions under Stage One, the following regulatory authority may be exercised by the board chairman:

1. An odd/even lawn watering system will be imposed on village residents. Those with odd-numbered houses will water on odd days and even-numbered houses on even days.
2. Outdoor water use, including lawn watering and car washing, will be restricted to before 10:00 a.m. and after 9:00 p.m.
3. Refilling of swimming pools will be limited to one day a week after sunset.
4. Excess water use charges for usage of water over the amount used in the winter will be imposed at a rate twice the normal rate for water usage.
5. Waste of water will be prohibited.

Section 7-227: Water Emergency; STAGE THREE, WATER EMERGENCY
A. Triggers. This stage is triggered by any one of the following conditions:

1. Ground water levels have fallen 15 feet below normal seasonal levels.
2. System pressure falls below 35 pounds per square inch.
3. Pumping lowers water levels to within 5 feet of the top of the well screens.
4. Plant operations are at 90% capacity for more than three consecutive days.
5. Demand for one day is in excess of 500,000 gallons per day.

B. Goals. The goals of this stage are to reduce peak demands by 50% and to reduce overall consumption by 25%.

C. Education Actions. The Village will make news releases to local media describing current conditions and indicate the water supply outlook. The Village will hold public meeting(s) to discuss the emergency, the status of the water supply and further actions which need to be taken.

D. Management Actions.

1. The village water supplies will be monitored daily.
2. Leaks will be repaired within 24 hours of detection.
3. Standby wells will be activated for contingency operation.
4. Pumpage at wells will be reduced to decrease drawdown and to maintain water levels over well screens.
5. The Village will seek additional emergency supplies from other users, the state or federal government.

E. Regulation Actions. In addition to the regulation actions available under Stage Two, the following regulatory authority may be exercised by the board chairman:

1. Outdoor water use will be banned, except for businesses which require outdoor water use to operate.
2. Waste of water will be prohibited.

F. Enforcement. In the event that any water consumer fails to comply with the regulatory action taken by the Village, then the chairman may direct the immediate discontinuance of water service to the location which is not in compliance with the restrictions imposed. Water service may be resumed after the chairman has been provided adequate evidence to show that compliance has been instituted and that compliance will continue under the restrictions imposed.
SECTION 7-228: WELLS AND OTHER UNDERGROUND FACILITIES; DISTANCE FROM VILLAGE WATER SOURCES
It shall be unlawful to cause pollution to or be in a position to cause pollution to the public water supply by willfully or carelessly allowing the following facilities, acts or events within the specified footage of any village public water supply well. The following facilities, acts or events shall be defined as nuisances for purposes of this subsection:

Water well
1,000 feet
Sewage lagoon
1,000 feet
Land application of municipal/industrial waste
material

1,000 feet
Feedlot or feedlot runoff
1,000 feet
Underground disposal system (septic system, etc.)
500 feet
Corral
500 feet
Pit toilet, vault toilet
500 feet
Wastewater holding tank
500 feet
Sanitary landfill/dump
500 feet
Chemical or petroleum product storage
500 feet
Sewage treatment plant
500 feet
Sewage wet well
500 feet
Sanitary sewer connection
100 feet
Sanitary sewer manhole
100 feet
Sanitary sewer line
50 feet

Article 3 – Sewer Department

SECTION 7-301: OPERATION AND FUNDING
A. The Village owns and operates the sewer system through the utilities superintendent. The Village Board, for the purpose of defraying the cost of the management and maintenance of the 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.

B. 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 Village Board. The said board 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 village clerk for public inspection during office hours.
(Neb. Rev. Stat. §17-925.01)

SECTION 7-302: DEFINITIONS
Unless the context specifically indicates otherwise, the meaning of terms used in this section shall be as follows:

"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 the building and conveys it to the building sewer beginning 5 feet outside the inner face of the building wall.

"Building sewer" shall mean and include that part of a house or building drainage system extending from the house or building drain to its connection with the main sewer.

"Combined sewer" shall mean a sewer receiving both surface runoff and sewage.

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

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

"Public sewer" shall mean a sewer that is controlled by public authority.

"Sanitary sewer" shall mean a sewer that carries sewage and to which storm, surface, and ground waters are not intentionally admitted.

"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.

"Sewer" shall mean a pipe or conduit for carrying sewage.

"Sewer system" shall mean and include all facilities for collecting, pumping, treating, and disposing of sewage.

"Utilities superintendent" shall mean the sewer commissioner of the Village’s sewage system or his authorized deputy, agent or representative.

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

SECTION 7-303: UNLAWFUL deposits and discharges; prohibited facilities
A. It shall be unlawful for any person to place, deposit or permit to be deposited any human or animal excrement, garbage, or other objectionable waste in any unsanitary manner on public or private property within the Village, within two miles of the corporate limits thereof or in any area under the jurisdiction of said village.

B. It shall be unlawful to discharge to any natural outlet within the Village, within two miles of the corporate limits thereof or in any area under its jurisdiction any sewage or other polluted waters, except where suitable treatment has been provided in accordance with subsequent provisions of this article.

C. It shall be unlawful to construct or maintain any privy, private sewer system, septic tank or other facility intended or used for the disposal of sewage.

D. It shall be unlawful for any person to discharge or cause to be discharged any storm water, surface water, ground water, roof runoff surface drainage, or polluted industrial process waters into the sanitary sewer.

E. It shall further be unlawful to connect or maintain connected to the sanitary sewer system any pump which pumps any of the above-identified kinds of water for any purpose whatsoever. In addition to the other remedies that are provided by this chapter for violations of this code, the Village shall have the right to secure the abatement of any connection or discharging violation of this section.

SECTION 7-304: MANDATORY HOOKUP
A. The owner of any house, building, or property used for human employment, recreation, or other purposes, situated within the Village 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 sewer line of the Village, is hereby required at the owner's expense to install suitable toilet facilities therein and to connect such facilities directly with the said public sewer in accordance with the provisions of this article within 90 days after date of official notice to do so, provided that said public sewer is within 100 feet of the property line.

B. The Village may furnish water to persons within its corporate limits whose premises are property line is not within 100 feet of the said public sewer with permission from the Village Board; provided, the entire cost of pipe and other installation charges shall be paid by such consumer. Nothing herein shall be construed to obligate the Village to provide sewer service to persons whose property line is not within 100 feet of the said public sewer.

C. In the event that any property owner, occupant, or lessee shall neglect, fail, or refuse to make such a connection with the public sewer within a period of 30 days after notice has been given to him or her to do so by registered mail or by publication in a newspaper in or of general circulation in the Village, the Village Board shall have the power to cause the same to be done, to assess the cost thereof against the property, and to collect the assessment thus made in the manner provided for collection of other special taxes and assessments.

SECTION 7-305: consumer’s APPLICATION; PERMIT; deposit; SERVICE TO NONRESIDENTS
A. Any person wishing to connect with the sewer system shall make an application to the utilities superintendent, who may require any applicant to make a service deposit in such amount as has been set by the Village Board and placed on file at the office of the village clerk. The superintendent shall issue a written permit. The permit application shall be supplemented by any plans, specifications, or other information considered pertinent in the judgment of the superintendent. Sewer service may not be supplied to any house or building except upon the order of the said superintendent.
B. The Department shall not supply sewer service to any person outside the corporate limits without special permission from the Village Board; provided, the entire cost of pipe and other installation charges shall be paid by such consumer. Nothing herein shall be construed to obligate the Village to provide sewer service to nonresidents.
(Neb. Rev. Stat. §19-2701)

SECTION 7-306: PRIVATE SEWER System or septic tank
The operation and maintenance of a private sewer system or septic tank is strictly prohibited in areas of the Village serviced by the village sewer system. However, those residents utilizing a private sewer system in an area of the Village served by the village sewer system may continue to do so until such time that such private sewer or septic tank system shall fail. Upon such failure, the private sewer or septic tank system shall be abandoned and the affected property owner shall be required to hook up to the village sewer system.

SECTION 7-307: SEWER CONTRACT; NOT TRANSFERABLE
A. The rules, regulations, and sewer rental rates hereinafter named in this section 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.

B. 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 Village 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 regulation that the Village Board may hereafter adopt, the utilities superintendent or his agent may cut off or disconnect the water service from the building or premises of such violation. No further connection for water service to said building or premises shall again be made save or except by order of the superintendent or his agent.

C. Contracts 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 premises where service is furnished or if the said premises are destroyed by fire or other casualty, he or she shall at once inform the utilities superintendent. If the customer should fail to give notice, he or she shall be charged for that period of time until the official in charge of sewers is otherwise advised of such circumstances.
(Neb. Rev. Stat. §18-503)

SECTION 7-308: INSTALLATION EXPENSE; TAP FEE
The customer, upon approval of his or her application for sewer service, shall pay to the village clerk a tap fee as set by the Village Board by resolution and placed on file in the clerk's office, which compensates the village for the expense of processing the application and tapping the sewer main. The cost of providing sewer service to any building shall be paid by the customer. It shall be the responsibility of the customer to pay the cost of installation and materials from the main to the building. (Rev. Stat. §18-503)

 

SECTION 7-309: PLUMBERS; LIABILITY
The plumber who connects with the public sewer system shall be held responsible for any damage to the sewers or the public ways and property. Said plumber shall restore all excavated streets to the complete satisfaction of the utilities superintendent and make good any settlement of the ground or pavement caused by such excavation.

SECTION 7-310: INSTALLATION OR REPAIR; PROCEDURE
A. The Village shall repair or replace all pipe constituting major sewer mains. It shall be the responsibility of the customer to repair or replace all other sewer pipe and appurtenances from the main to and including the customer's property. All replacements and repairs made by the customer shall be done in the manner and with the materials approved by the utilities superintendent, provided that the same have been previously approved by the Village Board.

B. No unauthorized person shall uncover, make any connections with or opening into, use, alter or disturb any public sewer or appurtenance thereof without first obtaining permission from the utilities superintendent. 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.

C. After the house sewer is laid, the public ways and property shall be restored to good condition. If the excavation in the public ways and property is left open or unfinished for a period of 24 hours or more, the utilities superintendent shall have the duty to finish or correct the work and all expenses so incurred shall be charged to the owner, occupant, or lessee of the property.

D. All installations or repairs of pipes require two inspections by the utilities superintendent: (1) when connections or repairs are complete and before the pipes are covered, and (2) after the dirt work is completed and the service restored. It is the customer's responsibility to notify the superintendent at the time the work is ready for each inspection.

E. All installations shall be done under the supervision and strictly in accordance with the rules, regulations, and specifications for such installations prescribed by the utilities superintendent, provided that they have been reviewed and approved by the Village Board.
(Neb. Rev. Stat. §18-503)

SECTION 7-311: INDEPENDENT CONNECTION; EXCEPTION
A separate and independent building sewer shall be provided for every building. Where one building stands at the rear of another on an interior lot and no private sewer is available or can be constructed to the rear building through an adjoining alley, 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; however, the Village does not and will not assume any obligation or responsibility for damage caused by or resulting from any such single connection aforementioned. (Neb. Rev. Stat. §18-503)

SECTION 7-312: FEE STRUCTURE; CLASSIFICATION
For the purpose of rental fees, the Village Board may classify the customers of the Sewer Department, provided that such classifications are reasonable and do not discriminate unlawfully against any consumer or group of consumers. (Neb. Rev. Stat. §17-925.02)

SECTION 7-313: sewer rates; MULTIPLE UNIT DWELLINGS
A. The Village Board has the power and authority to fix the rates to be paid by the sewer customers for the use of sewer service. All such rates shall be on file for public inspection at the office of the village clerk. All sewer customers shall be liable for the minimum rate provided by ordinance.

B. All sewer rates shall be applicable to each individual unit contained within a multiple unit dwelling. A "multiple unit dwelling" is defined as any structure housing two or more separate businesses or, in the case of residential housing, two or more separate individuals or families. It shall be the responsibility of the landlord to notify the Village when any individual unit has been vacated, and a failure to do so shall render the landlord liable for any payment for any sewage charges due and payable for the time the unit is unoccupied. It shall be unlawful for any landlord and/or tenant to falsely report the vacancy of any unit.

SECTION 7-314: BILLING AND COLLECTIONs
The village clerk shall bill the consumers and collect all money received by the Village on the account of the Sewer Department and shall faithfully account for and pay to the village treasurer all revenue collected. Billing, collection and termination procedures are set forth in Sections 7-102 and 7-103. (Neb. Rev. Stat. §17-540)

SECTION 7-315: REPAIR AND REPLACEMENT; expense
A. All repairs or replacements to sewer service pipes between the main sewer in the street and the premises of the owner, occupant or lessee shall be made by the owner at his or her own expense. The village 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 any such connection line. If within 30 days of mailing such notice the property owner fails or neglects to cause such repairs or replacements to be made, the utilities superintendent shall complete the work and charge the cost of such repairs or replacement to the customer.

B. Repairs to the main sewer pipe shall be made by the Village at its expense, except in the service to nonresidents.
(Neb. Rev. Stat. §18-1748)

SECTION 7-316: MANHOLES
Entrance into a manhole or opening for any purpose except by authorized persons is hereby prohibited. It shall be unlawful to deposit or cause to be deposited in any receptacle connected with the sewer system any substance which is not the usual and natural waste carried by the sewer system.

SECTION 7-317: DESTRUCTION OF PROPERTY
No 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.

SECTION 7-318: VILLAGE LIABILITY
The Village shall not be liable for any damage that may arise out of the operation of the village sewer system, whether such damage arises out of unforeseeable circumstances or due to the negligence or neglect of any of the employees of the Village. All customers of the village sewer system hereby agree that in using the facilities of the sewer system, they shall assume the risk of the said damage.

SECTION 7-319: PROHIBITED DISCHARGES; waters
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.

SECTION 7-320: HAZARDOUS DISCHARGES; PRETREATMENT
Specific prohibitions, options for handling hazardous discharges, compliance procedures and penalties for violations shall be as provided by the requirements of applicable regulations, laws, codes, and ordinances including 40 CFR, Part 403.

Article 4 – Solid Waste

SECTION 7-401: DEFINITIONS
The following definitions shall apply in interpretation and enforcement of this article:

"Approved receptacle" means a toter cart or container provided by the contract vendor for the collection of solid waste.

"Collection stop" shall mean each single-family dwelling including homes, motor homes, trailers or modular homes, or each unit in a multi-family dwelling located within the corporate limits of the Village.

"Contract vendor" is the commercial garbage collection business having a valid contract with the Village Board for the collection and disposal of solid waste within the Village.

"Garbage" means any fruit, vegetable, kitchen refuse or other material that will or may decompose and become offensive or dangerous to health but does not include dead animals or manure.

"Trash" means wood or cardboard boxes, chips or pieces of wood, bottles, broken glass, crockery, tin cans, papers, rags, or any other litter or debris that is not an immediate hazard to the health of the residents of the Village; provided, however, that used or discarded furniture or appliances, tree limbs, branches, sticks, yard waste, garden waste, leaves or grass clippings are not included within the meaning of the word "trash."

"Waste" means cinders or ashes (when cool to the touch), broken plaster, brick, stone, sawdust, paper, plastic, glass, broken glass or metal.

SECTION 7-402: MANDATORY DISPOSAL; PROHIBITIONS
It shall be unlawful for any person to keep in, on or about any dwelling, building or premises or any other place in the Village any garbage, trash or waste of any kind that may be injurious to the public health or offensive to the residents of the Village, unless the same is kept in approved receptacles awaiting collection and disposal. 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, yard waste, garbage, trash or waste of any kind. No person may permit yard waste, garbage, trash or waste to accumulate and all persons shall properly dispose of the same within 24 hours after notification from the chairman of the Board of Trustees, who shall represent the Board of Health.

 

SECTION 7-403: contract vendor; garbage collection
The Village shall contract with a vendor to gather and dispose of garbage, trash and waste generated by the residents of the Village. The contract vendor shall collect all garbage, trash and waste from the approved receptacles at each collection stop no less than weekly. In case of weather, road condition, disaster or other acts of God which make scheduled collections impossible or impractical, collection will be made as soon thereafter as the impediment can reasonably be overcome. Each collection stop shall have approved receptacles available to the contract vendor for the purpose of accumulation of garbage, trash and waste awaiting collection. All residents of the Village shall make the approved receptacles available to the contract vendor by 7:00 a.m. on the scheduled collection date by placing the approved receptacles at the edge of the street in front of the premises, as determined by the contract vendor.

SECTION 7-404: COLLECTION FEES
The Village Board shall, from time to time, fix such rates for waste collection as it deems appropriate. Such rates shall be established by resolution, which shall be available for public inspection at the office of the village clerk during normal business hours. The owner or occupant of such collection stop utilizing the village refuse service shall be liable for the garbage collection charge. The village clerk shall bill such fee monthly as part of the utility bills collected monthly.

SECTION 7-405: YARD WASTE PROHIBITED
It shall be unlawful for any person to place yard waste into an approved receptacle for collection by the contract vendor. Yard waste shall be disposed of by the owner of the premises upon which such yard waste is grown and produced by mulching, composting or hauling away to an approved waste disposal or landfill site at the expense of the owner of said premises.

SECTION 7-406: LANDFILL; PROHIBITions
No person shall deliver any garbage, trash, waste or used building materials and debris from construction, renovation or demolition to the village landfill for disposal except upon express written consent of the Village Board. Under no circumstances shall any person deliver any such garbage, trash, waste or other materials to the village landfill after the landfill has been closed by order of the Village Board. Yard waste may be delivered to the village landfill for composting when authorized by the board.

SECTION 7-407: DISPOSAL AT APPROVED SITEs
Used building materials and debris from construction, renovation or demolition shall be removed from the Village by the owner thereof and delivered to an approved waste disposal and landfill site for disposal. Such removal and disposal shall be at the expense of the owner of said materials. Any bulky garbage, trash or waste that does not fit into the approved receptacles shall be delivered to an approved waste disposal or landfill site by the owner thereof at his/her own expense; provided, however, that items such as discarded furniture or appliances may be removed by the contract vendor upon request.

SECTION 7-408: COMMERCIAL ENTERPRISES; disposal; fees
Any business, firm or commercial enterprise conducting business in the Village shall be required to properly dispose of its garbage, trash and waste in accordance with this article; provided, however, that such business, firm or commercial enterprise shall make arrangements directly with the contract vendor or any other person for the removal and disposal of such garbage, trash and waste. Any fees charged by the contract vendor or any other person for the removal and disposal of such garbage, trash and waste shall be paid directly to the contract vendor or any other person by the business, firm or commercial enterprise.

SECTION 7-409: DEAD ANIMALS
Any dead animal shall be removed and buried or otherwise disposed of, by the owner of such animal within 12 hours after death occurs, in a manner that will not endanger the health of any resident of the Village. If the owner of such animal does not take appropriate measures within the required time, the Village may, at the direction of the chairman of the Board of Health, dispose of the animal, in which case the owner shall be liable for the costs of removal and disposal. When disposal is accomplished by burial, the animal shall be buried at least two feet deep. It shall be unlawful for the dead animal to be placed in an approved receptacle or disposed of in the village landfill.

Article 5 – Penal Provision

SECTION 7-501: 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 an offense 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.