(A)  The municipality owns and  operates the Municipal Water Department through the City Supervisor.

(B)  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 taxable value of all taxable property within the corporate limits. The revenue from the said tax shall be known as the Water Fund, and shall remain in the custody of the Municipal Treasurer. The City Supervisor shall have the direct management and control of the Municipal Water Department and shall faithfully carry out the duties of his or her office. The City Supervisor 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.

(C)  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 at any reasonable time.

(Neb. RS 17-531, 17-534, 19-1305; 1999 Code, § 3-101)

For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning. Where no definition is specified, the normal dictionary usage of the word shall apply.

Main. 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.

Separate Premises. 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. 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. 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.

(1999 Code, § 3-102)

Every person or persons desiring a supply of water must make application therefor to the Municipal Clerk. The City Supervisor may require any applicant to make a service deposit in such amount as has been set by the governing body. Water may not be supplied to any house or private service pipe, except upon the order of the City Supervisor.

(Neb. RS 17-537; 1999 Code, § 3-103)

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 nonresidents.

(Neb. RS 19-2701; 1999 Code, § 3-104)

(A)  The municipality, through its Water Department, shall furnish water to persons within its corporate limits whose premises abut a street or alley in which a commercial main now is or may hereafter be laid.

(B)  The municipality may furnish water to persons within its corporate limits whose premises do not abut a street or alley in which a municipal commercial main is now or may hereafter be laid and may also furnish water to persons whose premises are situated outside the corporate limits of the municipality, as and when, according to law, the governing body may see fit to do so.

(C)  The rules, regulations and water rates hereinafter named 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.

(D)  Without further formality, the making of application on the part of any applicant or the use or consumption of water service by present consumers thereof and the furnishing of water service to said consumer shall constitute a contract between the consumer and the municipality, to which said contract both parties are bound.

(E)   If the consumer shall violate any of the provisions of said contract or any reasonable rules and regulations that the governing body may hereafter adopt, the City Supervisor or his or her 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, premises or place shall again be made except by order of said City Supervisor or his or her agent.

(1999 Code, § 3-105)

(A)  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.

(B)  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.

(C)  If the excavation in any street, alley or sidewalk is left open or unfinished for a period of 24 hours or more, the City Supervisor shall have the duty to finish or correct the work, and all expenses so incurred shall be charged to the consumer.

(D)  All installations or repairs of pipes require an inspection by the City Supervisor. The inspection shall be made when connections or repairs are completed and before the pipes are covered.

(E)   It is the customer’s responsibility to notify the City Supervisor 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 City Supervisor; provided that the said rules, regulations and specifications have been reviewed and approved by the governing body.

(Neb. RS 17-537; 1999 Code, § 3-106)

(A)  Except as provided in division (C) below, the expense of providing water service from the main to the place of distribution shall be paid entirely by the consumer. The consumer shall pay a tap fee set by ordinance of the governing body and on file at the office of the Municipal Clerk. Such tap fee shall compensate the municipality for the cost of tapping the main and the materials provided excluding the meter. It shall be unlawful for any person other than the City Supervisor or his or her designated agent to tap the water main.

(B)  The consumer shall then be required to pay the expense of procuring the services of a licensed plumber and shall pay the costs of furnishing and installing pipe, trenching and the necessary labor to bring water service from the water main to the place of disbursement.

(C)  The municipality shall supply and install a three-fourths inch water meter at the expense of the municipality. Consumers requesting a larger meter size shall be responsible for the difference in cost between a three-fourths inch water meter and the larger meter size. All water meters shall be owned by the municipality and shall be installed according to specifications prescribed by the City Supervisor.

(Neb. RS 17-542; 1999 Code, § 3-107)

All water services shall have placed thereon a water meter of a type approved by the Mayor and City Council and no person other than the City Supervisor, his or her agents or assistants or a duly licensed plumber under the City Supervisor’s supervision shall be allowed to set meters and make connections to the water service. Water meters may hereafter be placed inside the building or in the basement thereof, or, after having received permission from the City Supervisor to do so, may hereafter be placed in a substantial frost proof meter pit located at such point near lot line of the premises of a consumer as may be agreed upon between the consumer and the City Supervisor.

(1999 Code, § 3-108)

Upon application to the municipality for water service, the applicant shall deposit the sum of $10 as a meter deposit if said applicant is the owner of the land, property or structure for which water service is provided. Should the applicant not be the owner of said land, property or structure, said applicant shall deposit the sum of $20 as a meter deposit; provided, that if a person acceptable to the municipality shall cosign the application for service, the non-owning applicant shall make a deposit in the amount of $10.

(1999 Code, § 3-109)

(A)  The municipality shall repair or replace, as the case may be, all supply pipe between the commercial main and the stop box. The customer at his or her own expense shall replace and keep in repair all service pipe from the stop box to the place of dispersement. When leaks occur in service pipes, the City Supervisor shall shut off water service until the leak is repaired at the expense of the customer to the satisfaction of the City Supervisor. All water meters shall be kept in repair by the municipality at the expense of the municipality.

(B)  When meters are worn out, they shall be replaced and reset by the municipality at the expense of the municipality; provided, that 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 the meter must be repaired or replaced, the City Supervisor 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 the expense of the customer any reasonable number of times; provided, that if the test shows the water meter to be running 2% or more fast, the expense of such test shall be borne by the municipality. The municipality reserves the right to test any water service meter at any time, and if said meter is found to be beyond repair the municipality shall always have the right to place a new meter on the customer’s water service fixtures at municipal expense.

(D)  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, that if no such basis for comparison exists, the customer shall be charged such amount as may be reasonably fixed by the City Supervisor.

(E)   It shall be unlawful for any person to tamper with any water meter, or by any means or device to divert water from the service pipe so that the same shall not pass through said meter, or while passing through said meter, to cause the same to register inaccurately.

(Neb. RS 17-537; 1999 Code, § 3-110)

The governing body has the power and authority to fix the rates to be paid by the water consumers for the use of water from the Water Department. All such fees shall be on file for public inspection at the office of the Municipal Clerk. The Municipal Treasurer shall bill the consumers and collect all money received by the municipality on the account of the Water Department.

(Neb. RS 17-540; 1999 Code, § 3-111)

Water rates charged to customers of the Hebron municipal water system shall be established and set as follows:

(A)  January 1, 2024-December 31, 2024

(1)   There shall be a monthly water fee of $15.50 per month per user for residences and businesses WITHIN the corporate limits of the City of Hebron, Nebraska. Customers located OUTSIDE the corporate limits of the City of Hebron, Nebraska shall be charged a $33.00 per month water fee for residences and businesses.

(2)   The following usage rates shall be charged to all residential and commercial consumers located WITHIN and OUTSIDE the corporate limits of the city of Hebron, Nebraska of water serviced from water works of the City of Hebron, Nebraska based on monthly consumption: $1.35/100 cu ft.

(B)  January 1, 2025 -December 31, 2025

(1)   There shall be a monthly water fee of $17 .00 per month per user for residences and businesses WITHIN the corporate limits of the City of Hebron, Nebraska. Customers located OUTSIDE the corporate limits of the City of Hebron, Nebraska shall be charged a $34.00 per month monthly water fee for residences and businesses.

(2)   The following usage rates shall be charged to all residential and commercial consumers located WITHIN and OUTSIDE the corporate limits of the city of Hebron, Nebraska of water serviced from water works of the City of Hebron, Nebraska based on monthly consumption: $1.45/100 cu ft.

(C)  January 1, 2026 - December 31, 2026

(1)   There shall be a monthly water fee of $18.50 per month per user for residences and businesses WITHIN the corporate limits of the City of Hebron, Nebraska. Customers located OUTSIDE the corporate limits of the City of Hebron, Nebraska shall be charged a $37 .00 per month monthly water fee for residences and businesses.

(2)   The following usage rates shall be charged to all residential and commercial consumers located WITHIN and OUTSIDE the corporate limits of the city of Hebron, Nebraska of water serviced from water works of the City of Hebron, Nebraska based on monthly consumption: $1.55/100 cu ft.

(D)  All sums collected pursuant to this section shall be deposited in the water fund of the City of Hebron.

(E)   All charges as set forth in the above schedules shall be payable monthly and shall be combined for billing by the City with the statement for other municipal services.

(Neb. RS 17-542; 1999 Code, § 3-112; Ord. 960)

(A)  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 City Supervisor.

(B)  It shall further be unlawful for any person to tamper with any water meter or by means of any contrivance or device to divert the water from the service pipe so that the water will not pass through the meter or while passing through said meter to cause the meter to register inaccurately.

(Neb. RS 17-537; 1999 Code, § 3-113)

The governing body or the City Supervisor 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 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.

(Neb. RS 17-537; 1999 Code, § 3-114)

(A)  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 Municipal 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.

(B)  Persons desiring to draw water from public hydrants may do so under the supervision of the City Supervisor or his or her authorized representative and in accordance with conditions prescribed by the governing body.

(1999 Code, § 3-115)

All consumers within the corporate limits of the municipality shall be connected to the municipal water system. Said consumers whether they be residential, business, fertilizer and anhydrous, laundromats, schools, school districts, churches or any other possible consumers shall not be connected to or utilize any non-municipal water wells or water systems for human consumption.

(1999 Code, § 3-116)

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.

(Neb. RS 17-536; 1999 Code, § 3-117)

Contracts for water service are not transferable. Any person wishing to change from one location to another shall make a new application and sign a new contract. If any consumer shall move from the premises where service is furnished, or if the said premises is destroyed by fire or other casualty, he or she shall at once inform the City Supervisor who shall cause the water service to be shut off at the said premise. If the consumer should fail to give such notice, he or she shall be charged for all water used on the said premises until the City Supervisor is otherwise advised of such circumstances.

(Neb. RS 17-537; 1999 Code, § 3-118)

The City Supervisor, or his or her duly authorized agents, 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. RS 17-537; 1999 Code, § 3-119)

It shall be the duty of the municipal police to report to the City Supervisor 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.

(1999 Code, § 3-120)

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 City Supervisor.

(1999 Code, § 3-121)

(A)  It shall be unlawful for any plumber to do any work upon any of the pipes or appurtenances of the system of waterworks within the City of Hebron, or to make any connection with or extension of the supply pipes of any consumer taking water from the system until such plumber shall have first procured a license from the municipality, in accordance with subparagraph (B).

(B)  All persons licensed by the municipality as a plumber shall pay an annual occupation tax in such amount as established by ordinance of the governing body and shall, additionally, provide to the City Clerk a certificate evidencing that such applicant has comprehensive general liability coverage for the protection of the general public and the municipality in the minimum amount of $1,000,000.00.

(C)  All plumbing conducted by the applicant, after being duly licensed, shall be done in the manner required by the City Supervisor and, at all times, be subject to the inspection and approval of the City Supervisor.

(D)  It shall be unlawful to willfully cover or conceal any defective or unsatisfactory plumbing work.

(E)   Any violation of this section shall be subject to the penalty identified in §52.99 of the Hebron Municipal Code.

(Neb. RS 17-537; 1999 Code, § 3-122; Ord. 953)

(A)  Wellhead Protection Area means the surface and subsurface area surrounding a water well or well field, supplying a public water system, through which contaminants are reasonably likely to move toward and reach such water or well field.

(B)  The City Council designates a wellhead protection area for the purpose of protection of the public water supply system. The boundaries of the wellhead protection area are the North Well Field as the SE 1/4 of Section 14, S 1/2 of Section 13, NE 1/4 of Section 23, NE 1/4 of Section 24, NW 1/4 of Section 24, N 1/2 of the SW 1/4 of Section 24, and the SE 1/4 of Section 24, Township 3 North, Range 3 West; SW 1/4 of the SW 1/4 of Section 18, E 1/2 of the NW 1/4 of Section 19 and E 1/2 of the SW 1/4 of Section 19, Township 3 North, Range 3 West; The South Well Field is identified as Section 13 excluding the land Northwest of Spring Creek, SE1/4 of Section 14, S 1/2 of the SW 1/4 of Section 14, NW 1/4 of Section 23, NE 1/4 of Section 23, N 1/2 of the SW 1/4 of Section 23 and the NV2 of the SE 1/4 of Section 23, NE 1/4 of the NE1/4 of Section 24, Wl/2 of the NE 1/4 of Section 24, NW 1/4 of Section 24, and the NW 1/4 of the SW 1/4 of Section 24 west of Highway 81, Township 2 North, Range 3 West, W 1/2 of the NW 1/4 of section 18, and the W 1/2 of the SW 1/4, Township 2 North, Range 2 West, with all lands in Thayer County, Nebraska.

(1999 Code, § 3-130; Ord. 794)

Fluoride shall not be added to the water system of the city.

(Ord. 813)

(A)  The City Supervisor, or his or her designated agent, shall inspect the plumbing in every building or premises in the municipality as frequently as in his or her judgment may be necessary to ensure that such plumbing has been installed in such a manner as to prevent the possibility of pollution of the water supply of the municipality by the plumbing.

(B)  The City Supervisor shall notify or cause to be notified in writing the owner or authorized agent of the owner of any such building or premises, to correct, within a reasonable time set by said City Supervisor, any plumbing installed or existing contrary or in violation of §§ 52.35 through 52.41, and which in his or her judgment, may, therefore, permit the pollution of the municipal water supply, or otherwise adversely affect the public health.

(1999 Code, § 3-123)

The City Supervisor, or his or her designated agent, shall have the right of entry into any building, during reasonable hours, for the purpose of making inspection of the plumbing systems installed in such building or premises provided that with respect to the inspection of any single-family dwelling, consent to such inspection shall first be obtained from a person of suitable age and discretion therein or in control thereof.

(1999 Code, § 3-124)

For the purpose of this subchapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.

Agency. The department of the municipal government invested with the authority and responsibility for the enforcement of §§ 52.35 through 52.41.

Airgap. 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.

Approved. Accepted by the agency as meeting applicable specifications stated or cited in §§ 52.35 through 52.41 as suitable for the proposed use.

Auxiliary Supply. Any water source or system other than the potable water supply that may be available in the building or premises.

Backflow. The flow of water or other liquids, mixtures or substances into the distributing pipes of a potable supply of water from any source or sources other than its intended source. Backsiphonage is one type of “backflow”.

Backflow Preventer.  A device or means to prevent backflow.

Backsiphonage. Backflow resulting from negative pressures in the distributing pipes of a potable water supply.

Barometric Loop. A loop of pipe rising at least 35 feet, at its topmost point, above the highest fixture it supplies.

Check Valve. A self-closing device which is designed to permit the flow of fluids in one direction and to close if there is a reversal of flow.

Contamination.  See “Pollution”.

Cross-Connection. Any physical connection between a potable water supply and any waste pipe, soil pipe, sewer, drain or any unapproved source or system. Furthermore, it is any potable water supply outlet which is submerged or can be submerged in waste water and/or any other source of contamination. See “Backflow” and “Backsiphonage”.

Drain.  Any pipe that carries waste water or waterborne wastes in a building drainage system.

Fixture, Plumbing. Installed receptacles, devices or appliances supplied with water or that receive or discharge liquids or liquid-borne wastes.

Flood-Level Rim.  The edge of the receptacle from which water overflows.

Hazard, Health.  Any conditions, devices or practices in the water supply system and its operation which create, or in the judgment of the Supervisor, may create, a danger to the health and well-being of the water consumer. An example of a “health hazard” is a structural defect in the water supply system, whether of location, design or construction, that regularly or occasionally may prevent satisfactory purification of the water supply or cause it to be polluted from extraneous sources.

Hazard, Plumbing. Installed receptacles, devices or appliances supplied with water or that receive or discharge liquids or liquid-borne wastes.

Hydropneumatic Tank. A pressure vessel in which air pressure acts upon the surface of the water contained within the vessel, pressurizing the water distribution piping connected to the vessel.

Inlet. The open end of the water supply pipe through which the water is discharged into the plumbing fixture.

Plumbing System. Includes the water supply and distribution pipes, plumbing fixtures and traps; soil,  waste and vent pipes; building drains and building sewers including their  respective connections, devices and appurtenances within the property lines of the premises; and water-treating or water-using equipment.

Pollution. The presence of any foreign substance (organic, inorganic or biological) in water which tends to degrade its quality so as to constitute a hazard or impair the usefulness of the water.

Reduced Pressure Principle Backflow Preventer. An assembly of differential valves and check valves including an automatically opened spillage port to the atmosphere designed to prevent backflow.

Surge Tank.  The receiving, nonpressure vessel forming part of the airgap separation between a potable and an auxiliary supply.

Vacuum.  Any pressure less than that exerted by the atmosphere.

Vacuum Breaker, Nonpressure Type. A vacuum breaker designed so as not to be subjected to static line pressure.

Vacuum Breaker, Pressure Type. A vacuum breaker designed to operate under conditions of static line pressure.

Water, Potable. Water free from impurities in amounts sufficient to cause disease or harmful physiological effects. Its bacteriological and chemical quality shall conform to the requirements of the Federal Drinking Water Standards or to the regulations of the State Department of Health.

Water, Nonpotable. Water that is not safe for human consumption or that is of questionable potability.

(1999 Code, § 3-125)

The general (technical) requirements set forth in Title 179, Chapter 2, Nebraska Department of Health regulations governing public water supply systems; one copy of which is on file in the office of the Municipal Clerk, or subsequent amendments thereto, are hereby incorporated and made a part of §§ 52.35 through 52.41, the same as though spread at large herein, and constitute the standard of efficiency for the control of backflow and cross-connections.

(1999 Code, § 3-126)

It shall be the responsibility of building and premises owners to maintain all backflow preventers and vacuum breakers within the building or on the premises in good working order and to make no piping or other arrangements for the purpose of bypassing backflow devices.

(1999 Code, § 3-127)

Periodic testing and inspection schedules shall be established by the City Supervisor for all backflow preventers and the interval between such testing and inspections and overhauls of each device shall be established in accordance with the age and condition of the device. Inspection intervals should not exceed one year, and overhaul intervals should not exceed five years. These devices should be inspected frequently after the initial installation to assure that they have been installed properly and that debris resulting from the installation has not interfered with the functioning of the device. The testing procedures shall be in accordance with the manufacturer’s instructions when approved by the City Supervisor.

(1999 Code, § 3-128)

The City Supervisor shall notify the owner, or authorized agent of the owner, of the building or premises in which there is found a violation of §§ 52.35 through 52.41, of such violation. The City Supervisor shall set a reasonable time for the owner to have the violation removed or corrected. Upon failure of the owner to have the defect corrected by the end of the specified time interval the City Supervisor may, if in his or her judgment an imminent health hazard exists, cause the water service to the building or premises to be terminated, and/or recommend such additional fines or penalties to be invoked as herein may be provided.

(1999 Code, § 3-129)

(A)  Any person, or any person’s agent or servant, who violates any of the provisions of this chapter, unless otherwise specifically provided herein, shall be deemed guilty of an offense and upon conviction thereof shall be fined in any sum not exceeding $500. A new violation shall be deemed to have been committed every 24 hours of failure to comply with the provisions of this chapter.

(B)  (1)    Whenever a nuisance exists as defined in this chapter, the municipality may proceed by a suit in equity to enjoin, abate and remove the same in the manner provided by law.

(2)   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.

(Neb. RS 17-505, 18-1720, 18-1722; 1999 Code, § 3-1001; Ord. 744)