[HISTORY: Adopted by the City Council of the City of Las
Vegas 7-20-1995 by Ord. No. 84-2 (Ch. 17 of the 1972 City Code). Amendments
noted where applicable.]
[Amended 9-21-2005 by Ord. No. 05-17]
As used in this chapter, the following terms shall have the
meanings indicated:
Any period of 25 to 35 consecutive days which shall normally
be the time between readings of the customer's meter. In the event
that, for any reason, the customer's meter is not read on this schedule,
the customer's use of water for a billing month may be estimated using
information from the customer's records for previous billing months.
Customers shall normally be billed on a monthly basis, resulting in
a monthly bill for each billing month. If, for any reason, the City
fails to send a bill to a customer, the City shall retroactively bill
that customer for the appropriate period of service.
The City of Las Vegas, New Mexico.
Any physical connection or arrangement between two otherwise
separate piping systems, one of which contains potable water, which
allows flow from one system to the other, the direction of flow depending
on the pressure differential between the two systems.
Any person, firm, association, corporation, or any agency
of the federal, state or local government being supplied with water
by the City, and/or responsible for payment to the City for water
services.
A single unit used for residential occupancy which may be
a house, an apartment, a mobile home, a condominium, a recreational
vehicle, or other structure used in such manner.
The owner of a dwelling unit or other structure which is
not occupied by the owner, and which dwelling unit or other structure
is supplied water service. The landlord shall be and remain responsible
for payment of amounts due for water service to the dwelling unit
or other structure for which it is the owner.
A single meter through which water service is provided to
more than one dwelling unit, and/or commercial, industrial or institutional
unit, service through a master water meter shall not be classified
as residential or small commercial service.
Water service shall normally be supplied in the range of
50 pounds to 125 pounds per square inch.
The load side of the City meter.
A device that maintains a constant water pressure at its
immediate downstream side which is less than the inlet pressure to
the device, unless the pressure on the inlet side is lower than the
pressure setting for the downstream side.
Any customer who establishes an account with the City for
water service who does not own the building or structure which the
customer is occupying.
The pipe connection from a distribution water main to the
water meter.
The gauge pressure of water within a pipe measured in pounds
per square inch above atmospheric pressure, and abbreviated herein
as "pounds."
The general term for furnishing the customer with water.
A.
Residential service classification.
[Amended 9-21-2005 by Ord. No. 05-17]
B.
Small business commercial classification.
(1)
The "small business commercial classification" means water service
to a customer engaged in a commercial nonprofit or governmental activity.
The customer may own and/or operate not more than two dwelling units
being served from one meter, one or both of which units is/are not
occupied by the customer.
[Amended 9-21-2005 by Ord. No. 05-17]
(2)
Water service under this classification will be provided by the City
through a meter not exceeding 3/4 inch.
(3)
Each small business commercial water service shall be metered and
billed according to the applicable rate structure.
C.
Commercial, institutional and industrial.
(1)
Water service will be provided to customers who own and/or operate
a business and who do not meet the specifications of either residential
or small business commercial classifications.
(2)
Water service will normally be provided to commercial, institutional
and industrial customers through water meter sizes from one inch to
eight inches.
(3)
Each commercial, institutional and industrial water service shall
be metered and billed according to the applicable rate structure.
D.
Combined residential/commercial use. Where a premises is used for
both residential and commercial purposes, the water service will be
billed as commercial and in accordance with the meter size serving
the premises. However, when separate piping is installed to permit
separate metering, the water service to each class of service will
be billed in accordance with the appropriate classification rate schedule.
E.
Residential service outside of City limits classification. Water
service shall be provided to residential and rental customers through
an individual appropriate sized water meter in areas outside the City
limits which have properly sized water mains and which are allowed
through City Council policy. Should residential and rental customers
require City water service in an area not allowed by policy, such
requests shall be addressed by City Council on a case-by-case basis.
Each residential unit shall be billed according to the applicable
rate structure.
F.
Small business commercial outside City limits classification. Water
service shall be provided to Small business commercial customers through
an appropriately sized water meter in areas outside the City limits
which have properly sized water mains and which are allowed under
City Council policy. Should small business commercial water service
not be allowed under City policy, such requests shall be addressed
by City Council on a case-by-case basis. Each small business commercial
customer shall be billed according to the applicable small business
commercial rate structure.
[Amended 9-21-2005 by Ord. No. 05-17]
G.
Commercial, industrial and institutional water service outside City
limits classification. Water service shall be provided to commercial,
industrial and institutional water customers through individually
appropriately sized meters in areas outside the City limits which
have properly sized water mains which are allowed under City Council
policy. Should commercial, industrial and institutional customers
request City water service in areas not allowed by City Council, such
request shall be addressed by policy on a case-by-case basis. Customer
shall be billed according to the applicable commercial, industrial
and institutional rate structure.
[Amended 9-21-2005 by Ord. No. 05-17]
H.
Raw water service classification. The City of Las Vegas Water Department
shall not provide raw water service connections. Requests for such
services shall be considered by Council action after review of such
request by City staff on a case-by-case basis.
I.
Contractor and developer water service classification.
(1)
Treated City water service may be provided to contractors and developers
during construction phases when the contractor or developer requests
water service and when adequately sized City water mains exist.
(2)
The contractor or developer utilizing treated water for construction
purposes shall be provided water service through an appropriately
sized individual water meter. The contractor or developer shall be
billed commercial rates, and the applicable class of commercial rate
shall apply and be based on size of meter serving the site.
(3)
The contractor and/or developer shall pay for the installation and
removal cost of providing the temporary service. The City reserves
the right to refuse to furnish water for any type of temporary use
and further to define the conditions under which the water will be
supplied. Continuous service under normal conditions to existing customers
shall take priority over customers requesting and receiving temporary
service.
J.
Construction fire hydrants service classification.
(1)
Metered fire hydrant water service shall be provided when requested
by the contractor, developer or public agency.
(2)
The water service shall be provided through a three-inch fire hydrant
meter provided by the City of Las Vegas Water Department.
(3)
There shall be a fire hydrant water meter deposit equivalent to the
existing cost to the City for the three-inch fire hydrant water meter.
(4)
The applicable commercial rate structure for a four-inch water meter
shall be billed based on actual metered use of treated water.
[Amended 9-21-2005 by Ord. No. 05-17]
(5)
A deposit shall be placed and shall be refunded to the user within
15 days after the fire hydrant meter is returned in an acceptable
and operating conditioning to the City of Las Vegas Water Department.
(6)
Should the fire hydrant meter not be returned within 30 days after
completion of the project, the City shall retain the deposit.
(7)
Should the fire hydrant or the fire hydrant meter be damaged in any
way, the City shall retain a portion of the deposit which would compensate
for the damages to the fire hydrant or the fire hydrant meter.
K.
Fire hydrant protection service classification.
(1)
Small business commercial, commercial, industrial and institutional
customers shall be provided fire-protection and water service when
appropriately sized City water mains exist and when applicable plumbing
code requires interior and/or exterior building fire-protection systems.
(2)
The building fire-protection system shall be serviced directly from
the appropriately sized City water main.
(3)
The fire-protection service shall be metered through a single appropriately
sized water meter to be installed by the City of Las Vegas. The meter
box for fire protection shall be constructed in accordance with the
City of Las Vegas Water Department specifications and shall be built
by the owner.
(4)
The fire-protection system downstream of the water meter and inside
the building shall posses a City of Las Vegas Water Department approved
backflow preventer. There shall be no customer taps to the fire-protection
system between the meter and the backflow preventer.
(5)
Fire-protection service shall be billed as a separate customer account
on the same basis as a small business commercial or a commercial,
industrial and institutional customer account.
L.
Standpipe water service classification. Standpipe water service shall
be provided by the City Water Department at a location designated
by the City Water Department. The standpipe water service is made
available for those families who are in need of portable treated water
for daily, residential and commercial users. Water usage shall be
charged based on the applicable residential rate structure. Designated
standpipe locations shall be billed by customer service. It shall
be the sole responsibility of the customer to provide the proper approved
equipment to store and transport domestic water for domestic reuse.
The City Water Department shall not provide storage or transport domestic
water supply.[1]
A.
All applications for new water service shall be made at the City's
Water Department office. The Water Director shall confirm the availability
of City water to the property or properties requesting water service,
i.e., volume of water and size of water main. When water service is
available, the Water Director requests information from the customer
that will either inform the Director of the volume required or so
that the Director may recommend the size of water meter required.
When the Water Director determines that adequate water service is
not available and customer inquires into the expansion of the system
to provide adequate water service, the Director and customer shall
work in accordance with the section of this chapter applying to system
expansion.
B.
It is required of each new water service request that the customer
provide to the Water Director the necessary City, county or state
issued building permit prior to the City Water Director finalizing
City water service request. In some cases it may be necessary for
the customer to obtain easements in order that service be provided.
In these cases the customer would be responsible for providing proof
of final easement prior to the installation of a water service. All
new water service shall be provided by the City only after the customer
and the City mutually agree through written consent on the customer
initial classification of service, on the sizing of water service,
on the costs associated with installation of the service, and on the
applicable user rate schedule.
C.
The City Water Department shall supply water service within a reasonable
time after a written agreement indicating water will be provided has
been finalized and after all necessary permits have been obtained.
It is the responsibility of the customer to comply with all applicable
codes and to obtain necessary permits from governmental agencies.
If the customer cannot provide a payment in full, a payment plan may
be provided by the City of Las Vegas under the following conditions:
[Amended 3-22-2000 by Ord. No. 99-16]
(1)
The payment plan shall extend no longer than six months for payment
in full for the service.
(2)
Customer must pay at least 25% of the total cost of service prior
to the service installation.
(3)
Only those persons who are current on all existing or past accounts
with the City will be eligible for the payment plan option.
D.
The City of Las Vegas may allow for payment through arrangements
with the City Water Utility Billing Department.
[Amended 3-22-2000 by Ord. No. 99-16]
E.
New service will be limited to available unreserved capacity in production
transmission and distribution facilities and concentrate with the
City available water rights. In all cases where such existing facilities
are limited, the City may require a written contract for a suitable
initial and contract period, adequate to warrant the investment and
reservation of capacity required to render such service.
The piping system on the customer's premises shall be inspected
and approved by the appropriate governmental inspection agency before
water service will be connected Cross-connections and/or backflow
possibilities revealed by any inspection shall be eliminated before
water service is provided to a new customer or continued to an existing
customer. The City does not assume the responsibility for inspection
of the customer's piping system and shall not be held liable for the
failure of the customer's piping or installation.
A.
Special written contracts are normally not required for users specified in § 440-2 where a line extension is not required.
B.
All customers not covered by Subsection A above will be provided service only after the customer executes either the City's standard agreement for water service or, in special cases, an appropriate contract.
C.
Rates for water users shall be as set forth in § 440-6 below or as the same may be amended by the governing body of the City of Las Vegas by a duly adopted ordinance.
D.
All customer installations shall comply with the Plumbing Code of
the State of New Mexico and any other legally applicable codes.
[Amended 6-13-1996 by Ord. No. 84-26; 9-21-2005 by Ord. No. 05-17]
A.
Monthly water base charges for utility customers.
[Amended 9-28-2012 by Ord. No. 12-13]
Base Charge
| ||||||
---|---|---|---|---|---|---|
Meter Size
(inches)
|
2013
|
2014
|
2015
|
2016
| ||
Inside City
| ||||||
Residential
| ||||||
5/8
|
$15.00
|
$16.10
|
$17.30
|
$18.50
| ||
1
|
$34.80
|
$39.00
|
$39.50
|
$40.10
| ||
Small commercial
| ||||||
5/8
|
$33.70
|
$33.70
|
$33.70
|
$33.70
| ||
Large commercial
| ||||||
1
|
$170.00
|
$170.00
|
$170.00
|
$170.00
| ||
1 1/2
|
$246.00
|
$246.00
|
$246.00
|
$246.00
| ||
2
|
$340.00
|
$340.00
|
$340.00
|
$340.00
| ||
3
|
$450.00
|
$450.00
|
$450.00
|
$450.00
| ||
4
|
$510.00
|
$510.00
|
$510.00
|
$510.00
| ||
6
|
$870.00
|
$1,120.00
|
$1,150.00
|
$1,180.00
| ||
8
|
$1,040.00
|
$1,280.00
|
$1,310.00
|
$1,340.00
| ||
Outside City
| ||||||
Residential
| ||||||
5/8
|
$22.50
|
$24.20
|
$26.00
|
$27.80
| ||
1
|
$52.20
|
$58.50
|
$59.30
|
$60.20
| ||
Small commercial
| ||||||
5/8
|
$50.60
|
$50.60
|
$50.60
|
$50.60
| ||
Large commercial
| ||||||
1
|
$255.00
|
$255.00
|
$255.00
|
$255.00
| ||
1 1/2
|
$369.00
|
$369.00
|
$369.00
|
$369.00
| ||
2
|
$510.00
|
$510.00
|
$510.00
|
$510.00
| ||
3
|
$675.00
|
$675.00
|
$675.00
|
$675.00
| ||
4
|
$765.00
|
$765.00
|
$765.00
|
$765.00
| ||
6
|
$1,305.00
|
$1,680.00
|
$1,725.00
|
$1,770.00
| ||
8
|
$1,560.00
|
$1,920.00
|
$1,965.00
|
$2,010.00
|
NOTES:
| ||
*Rate table does not include applicable state and federal taxes
and fees.
|
B.
Monthly water volume charges for utility customers.
[Amended 9-28-2012 by Ord. No. 12-13]
Volume Charge
(per gallon)
| ||||||
---|---|---|---|---|---|---|
Monthly Volume
|
2013
|
2014
|
2015
|
2016
| ||
Inside City
| ||||||
Residential
| ||||||
First 2,000 gallons
|
$0.00103
|
$0.00194
|
$0.00234
|
$0.00286
| ||
Next 4,000 gallons
|
$0.00232
|
$0.00437
|
$0.00527
|
$0.00644
| ||
Next 4,000 gallons
|
$0.00522
|
$0.00984
|
$0.01186
|
$0.01449
| ||
Over 10,000 gallons
|
$0.01305
|
$0.02460
|
$0.02965
|
$0.03623
| ||
Commercial
| ||||||
Winter
|
$0.00374
|
$0.00599
|
$0.00603
|
$0.00606
| ||
Summer
|
$0.00468
|
$0.00749
|
$0.00754
|
$0.00758
| ||
Outside City
| ||||||
Residential
| ||||||
First 2,000 gallons
|
$0.00154
|
$0.00291
|
$0.00351
|
$0.00429
| ||
Next 4,000 gallons
|
$0.00348
|
$0.00655
|
$0.00790
|
$0.00966
| ||
Next 4,000 gallons
|
$0.00783
|
$0.01476
|
$0.01779
|
$0.02173
| ||
Over 10,000 gallons
|
$0.01957
|
$0.03690
|
$0.04447
|
$0.05434
| ||
Commercial
| ||||||
Winter
|
$0.00561
|
$0.00898
|
$0.00904
|
$0.00909
| ||
Summer
|
$0.00702
|
$0.01123
|
$0.01131
|
$0.01137
|
NOTES:
| ||
*Rate table does not include applicable state and federal taxes
and fees.
| ||
**Winter rates are applicable to commercial usage during the
November through April billing periods. Summer rates are applicable
to usage during the May through October billing periods.
|
C.
Deposits.
(1)
The customer shall deposit with the City of Las Vegas a service deposit
which will be based on the following schedule:
[Amended 7-15-2009 by Ord. No. 09-09]
(2)
Such deposit shall be subject to appropriation by the City of Las
Vegas for purposes of applying the same or as much thereof as may
be necessary to the payment of delinquent water service accounts or
charges due by the City.
(3)
Upon completion of a twelve-month period in which each water service
bill, during such period was paid in full prior to the delinquent
date, then the deposit will either be refunded or credited the customer
account.
(4)
The City Manager may waive or defer a water deposit if a complete
investigation has revealed:
(a)
That the person requesting such waiver or deferral has been
a residential customer whose account has not been delinquent in the
past; or
(b)
That such customer for some reasonable cause cannot financially
pay the full amount of the deposit in which case City Manager may
defer the deposit for a period not to exceed three months; or
(c)
That the customer has been a long-standing business person in
the community and that such customer's business has not had a delinquent
utility account within the last two years; or
(d)
That such customer, if a rental customer, has established his
service history at other locations for a period of at least two years
and has not been delinquent during this period; or
(e)
That a residential customer who has not been delinquent within
the last two years is willing to place the rental customer's account
under such residential customer's name; or
(f)
That such customer has transferred service from one location
in the water system to another if such customer's account has not
been more than 60 days past due more than one time in the past year
before such transfer.
(5)
Refunds.
(a)
Current customers. Each March, no earlier than the 10th of the
month, customers who have water deposits will be evaluated as to eligibility
for a deposit refund or credit to account.
(6)
Change in service location. Customers transferring service from one location in the water system to another and who have had the deposit refunded as per Subsection C(3) will not be required to place a deposit for the new service location.
(7)
Change in deposit amount. Based on experience in the operation of
the system, the deposit may be raised or lowered from time to time
by the City Council by the adoption of a resolution prescribing new
rates of deposit.
D.
Service charges.
(1)
A service charge of $13.68 per hour per man with a minimum charge
of $13.68 shall be charged to the customer for any of the following:
(a)
Cut-in water service (includes cut-in as a result of delinquent
payment).
(b)
Cut-out of water service (includes cutoff as a result of a delinquent
payment) or request by customer to cut off of service.
(c)
Setting of meter (result of customer matter on existing service).
(d)
Pulling of meter (result of customer matter).
(e)
Processing of a request for service.
(2)
If there are reasonable grounds to believe that a meter or service
has been tampered with, including unauthorized turn on of meter, unauthorized
taps in the service or main lines, and unauthorized adjustment or
change of meter index, the meter shall be removed and a one-hundred-dollar
charge for meter removal will be assessed against the customer whose
service has been tampered with, and said charge will be required to
be paid prior to service again being provided to the customer at any
address within the City's water service area.
E.
Service connection.
(1)
Unit charges for service connections, including service line and
meter setting, shall be paid by the customer to the City as follows:
Meter Size
(inches)
|
Charge
| |
---|---|---|
3/4 single setting
|
$460
| |
3/4 double setting
|
$560
| |
1
|
$500
| |
2
|
$1,000
| |
4
|
$6,000
| |
6
|
$8,000
| |
8
|
$15,000
|
(2)
Street cut and repair charges and boring costs shall be additional
based upon amount of work performed as assessed by the Water Department.
F.
Water utility revenue reserve balance.
(1)
The rates for water service contained in Subsections A and B include the establishment of a five-percent revenue reserve for the benefit of the Water Utility. At the end of each fiscal year, the Director shall determine the status of the water utility revenue reserve balance. The balance shall be the amounts collected through the water utility revenue reserve fee since its inception through the recently completed fiscal year minus amounts expended from the revenue reserve for the same historical time period.
(2)
In the event that the water utility revenue reserve balance exceeds
10% of the most recent past fiscal year's revenue, the City Manager
may order a reduction of the rates for water service by dividing each
rate by 1.05. Conversely, should the City's water utility revenue
reserve balance for the most recent past fiscal year result in a balance
of less than 5% of that fiscal year's revenue, the City Manager may
order an increase in the rates for water service by multiplying each
rate by 1.05. The water utility revenue reserve balance shall be used
solely for meeting the needs of the City's Water Utility unless diversion
of water revenue reserve balance funds to some other use within the
City's operations are authorized by affirmative vote of the governing
body.
G.
Automatic rate adjustment. Annual automatic adjustments to the rates
and charges of the Water Utility may be made through application of
the Consumer Price Index (CPI-U) which is maintained by the U.S. government.
Adjustments shall be authorized by the City Manager only after examination
of the financial performance of the Utility during the past fiscal
year.
Notice by the City to the customer may be given orally, by telephone
or in writing. Written notice will be deemed given one business day
after mailing to the customer's last known mailing address.
[Amended 9-21-2005 by Ord. No. 05-17; 6-7-2006 by Ord. No. 06-10; 7-15-2009 by Ord. No. 09-09]
A.
Landlord utilities waiver of responsibility form. If a landlord does
not wish to be responsible for specific, or any utilities incurred
on their rental property(ies), they must submit a notarized landlord
waiver of responsibility form to the City of Las Vegas Utilities Department,
located at 905 12th Street.
B.
If such form is not submitted, the landlord is responsible for any
charges accrued, pursuant to NMSA 1978, § 3-23-6, and if
utility charges are not paid to the City within six months after the
initial billing date, a lien against the property shall be filed according
to NMSA 1978, § 3-36-1. The landlord shall submit landlord
utilities waiver of responsibility form only once for each rental
property involving said waiver of utility payment.
C.
Additional requirements.
(1)
Landlord standby utilities agreement. The landlord must enter into
a landlord standby utilities agreement with the City to have those
services provided by the City Utilities Department. Provision of standby
utilities services are optional and will be provided only to those
landlords requesting said standby services.
(2)
Landlord/tenant filing system. The City of Las Vegas Utilities Department
shall maintain a comprehensive filing system that will contain any
and all agreements, waivers, and forms requesting utility service
covered in this chapter. A separate file will be maintained for each
landlord and each utility service address.
A.
Unless otherwise provided, billings shall be made on a monthly basis.
All amounts due shall be payable when billed and shall become delinquent
if not paid at the time of the production of the next monthly bill.
[Amended 7-20-2005 by Ord. No. 05-11; 9-21-2005 by Ord. No. 05-17]
B.
The City may take the following actions in response to delinquent
user fees:
(1)
If payment of any amount due is not made within 60 days of the initial
billing of said amount, the water service to the property may be discontinued
and shall not be again resumed until payment of amounts due, plus
any penalties and interest, have been paid in full. Reasonable notice
and right to protest must be given to the customer prior to actual
cut off of water service. The City's Finance Department shall notify
the customer of delinquent amounts and that service shall be terminated
on a particular date, not less than 10 days after mailing the notice.
Each delinquent notice shall contain the following language:
[Amended 7-20-2005 by Ord. No. 05-11; 9-21-2005 by Ord. No. 05-17]
This is to notify you that unless you bring your utility account(s)
current, your service(s) will be cut off 10 days after the date this
notice was mailed. You have the right to protest this termination
as unjustified if you believe that you have been overcharged or charged
for services not rendered. If you believe there is a mistake in this
billing, you have the right to be heard and to present your argument
and evidence. The City will evaluate your complaint and determine
whether you owe the amounts in question. To protest this billing,
you must contact the City's Collection Agent, at 454-1401, prior to
the cutoff date.
|
(2)
If water charges owed are not paid to the City within six months
after the initial billing date, a lien against the property shall
be filed according to the New Mexico State Statutes.
(3)
The City may disconnect the private service line of the delinquent
account from the City distribution main.
A.
Customers who intend to move from the premises or discontinue the
use of water or in any way terminate their liability hereunder shall
give the City reasonable notice of such intention, and the customer
will be liable for all water that may be used upon the premises until
such notice is given and the City has taken the final meter reading.
B.
The City reserves the right to interrupt service for a reasonable
period for repairs to its property or equipment.
C.
Service may be refused or discontinued by the City for any of the reasons listed below. Unless otherwise stated, the customer shall be allowed a reasonable time in which to comply with the rules before service is discontinued except as provided in Subsection C(1), (2), (3), and (4) below.
(1)
Without notice in the event of a condition determined by the City
to be hazardous.
(2)
Without notice in the event of customer use of equipment in such
manner as to adversely affect the City's equipment or the City's service
to others.
(3)
Without notice in the event of customer tampering with, damaging,
or deliberately destroying the equipment furnished and owned by the
City.
(4)
Without notice in the event of unauthorized use.
(5)
For failure of the customer to fulfill his contractual obligations
for water service.
(6)
For failure of the customer to permit the City access to its equipment.
(7)
For nonpayment of bill.
(9)
For failure of the customer to furnish such service equipment, permits,
certificates, and/or rights-of-way as shall have been specified by
the City as a condition to obtaining service, or in the event such
equipment or permissions are withdrawn or terminated.
(10)
Failure to pay for the continuance of service of the same class
at a different metering point.
D.
When the City determines that a customer is bypassing a meter or
otherwise interfering with the proper registration of water used,
the City may discontinue the water service until the bypass is removed
and payment for any damages to the installation and the estimated
bill for the period during which the meter was tampered with has been
made.
E.
At the City's option a charge shall be made for turning the water
off and on when done at the request of the customer and for his convenience.
F.
Use of the City's curb and meter shutoff valve by customer or customer's
agent is prohibited. This practice by unauthorized persons shall be
reason for discontinuance of service.
G.
If, during a shortage of supply, the City finds evidence of waste
of water by a customer, the City will advise the customer of such
condition. If after a reasonable time correction and/or repairs have
not been made by the customer, the City shall discontinue service
to the offending customer.
A.
Temporary water service shall be provided when requested and when
City water mains are present. Temporary water service shall be provided
and metered through a water meter not exceeding 3/4 inch. Installation
fees for temporary water service, when existing water service connection
is not available for installation and removal of such temporary service,
shall be based on actual time and equipment basis. All fees shall
be paid to the City prior to the work being performed. Installation
fees for temporary water service shall require placement of applicable
deposit. The monthly charge shall be in accordance with the rate structure
applicable to small commercial user class.
B.
Temporary service shall not remain in service for a period exceeding
three months. Extensions to this period shall be considered on a case-by-case
basis. The City Water Director shall make the final decision.
A.
Whenever an extension of the City's water lines is required to serve
an applicant, or group of applicants, extensions will be made under
the following terms and conditions.
B.
All line extensions shall be sized to provide adequate domestic and
fire-protection service, including fire hydrants to meet requirements
for fire protection, but under no circumstances shall the line be
smaller than six inches in diameter, and this is the minimum size
for which the applicant shall be responsible. In the event that the
system master plan requires a larger line size than is required to
serve the applicant's needs, the City shall absorb the difference
in investment between the applicant's required line size and the line
size required by the plan. The City shall be the sole judge of proper
line sizing.
[Amended 9-21-2005 by Ord. No. 05-17]
C.
Investment in the line extension shall be based on extensions made
to the midpoint of the property line of the property to be served.
The extension will be made from the nearest adequately sized distribution
main.
D.
The investment in the line extension required to serve the applicant's domestic and fire-protection requirements as specified by Subsection B above will be paid in total by the applicant requesting the line extension.
E.
The City shall not under any condition be required to make an extension
that would be unprofitable and thereby cause undue hardship to existing
customers.
F.
All lines within incorporated cities, towns, and communities will
be constructed in existing public roads, streets, City-owned land,
alleys or easements. The applicant shall furnish such rights-of-way
as are required without charge to the City over property owned by
said applicant and shall assist the City in securing other rights-of-way
necessary to provide service over property not owned by said applicant.
G.
Where unusual circumstances exist, an extension may be made under
a special long-term contract, providing the contract terms are such
that no adverse effects will be imposed on the City's existing customers.
This contractual provision is strictly at the option of the City.
H.
Special conditions which affect the furnishings of water service
to an applicant or group of applicants, such as elevation or other
conditions resulting in increased costs to the City in providing water
service, shall be taken into consideration when estimating the cost
of providing service.
I.
Lines primarily for purposes of a master plan will be installed by
the City. Subsequent connections or extensions for development to
properties directly abutting or benefiting from such lines and fixture
development areas to be served by this line, which were undeveloped
at the time of the extension, shall reimburse the City for a pro rata
share of the line as follows: The pro rata costs shall be based on
those size line and appurtenances which would have been required to
serve the development with adequate domestic and fire-protection service.
K.
"Property to be served" is defined as that property described by
the applicant in the application for a building permit as required
by the Uniform Building Code adopted by the City.
L.
Extension charges.
(1)
Applicable.
(a)
The following water line extension policies shall apply only
to extensions of water mains within the City limits and to properties
which have been subdivided under NMSA 1953, §§ 14-2-1
through 14-2-34,[1] and City ordinances prior to January 1, 1978; more specifically
described as:
[1]
Editor's Note: See now NMSA 1978, § 3-2-1 et seq.
(b)
Contracts with Sangre de Cristo Water Com. and PMN for water.
This policy shall not apply to any subdivisions in which developers
entered into a contractual relationship for water line extensions
with Public Service Co. or the City of Las Vegas.
(2)
Definitions.
(a)
"Lot to be served" is defined as lots having water service adjacent to property as per Subsection K.
(b)
"Lot" is defined as subdivided land and a lot size of 6,000
square fee or more. A lot with a residence already in existence but
not served by City water shall also be designated as a lot.
[Amended 9-21-2005 by Ord. No. 05-17[2]]
[2]
Editor's Note: This ordinance also repealed original Subsection
L(2)(c), Formula, which immediately followed this subsection.
(3)
Charges for connections made to extensions. In the event that an
applicant for water service makes connection to an extension which
was previously installed by the City, or an extension made at the
request of an original customer and paid for by that original customer,
the City shall charge the applicant an amount equal to the pro rata
per foot cost of the original extension multiplied by the frontage
footage of the property of the applicant.
[Amended 9-21-2005 by Ord. No. 05-17]
(4)
Credit for connections made to extensions. In the event that an applicant
for water service makes connection to an extension which was previously
installed at the request of an original customer and paid for by that
original customer, the City shall make a refund to the original customer
in an amount equal to the pro rata per foot cost of the original extension
multiplied by the frontage footage of the property of the applicant.
The total amount of refunds made to the original customer shall be
limited to the amount paid by the original customer for the extension
minus the front footage cost share of the original customer's property.
The period of time during which refunds shall be made to the original
customer shall be five years after the completion of the extension
made for the original customer. The Utility Department shall maintain
records of customer extensions for purposes of application of this
subsection.
[Added 9-21-2005 by Ord. No. 05-17]
An identified representative of the City shall have the right
to ingress and egress to and from the customer's premises for the
purpose of inspecting, maintaining, testing, reading, changing, installing,
or removing its meters; if such duly identified representative is
refused admittance or hindered or prevented from performing the above
duties, the water service may be discontinued until free access is
given.
The customer's meter location and connecting yard line will
be relocated by the customer when a water main is installed in a public
right-of-way which abuts the customer's property in order to provide
service from the nearest water main installed in public right-of-way.
This will only be required when the project is undertaken to improve
the customer's water service and to eliminate water mains on private
easements wherever possible.
A.
Responsibility of the City. The City will design, install, own, operate
and maintain the complete water system up to the point of delivery,
including meter setting and meter.
B.
Responsibility of the customer.
(1)
The customer shall install, own and maintain all facilities beyond
the point of delivery.
(2)
The customer or property owner must exercise due care for the protection
of the property of the City on the customer's premises.
(3)
The customer agrees, in accepting service, that no one except the
employees for the City shall be allowed to make an internal or external
adjustment of any meter or any other piece of apparatus which is the
property of the City.
(4)
Facilities or equipment necessary for any special requirements shall
be installed and maintained by the customer.
A.
All meters used in connection with metered service shall be furnished,
installed, and maintained by the City. Cost of service and meters
will be paid for by the customer.
B.
Upon request by a customer, the City may perform a test of the meter
serving him and shall advise the customer that he may be present.
The City shall charge the customer the actual cost of the time required
to remove the meter and perform the test. Such cost to be the man-hours
required times the established hourly rate of pay for a pipefitter.
No charge will be made whenever a meter proves to be in excess of
2% fast.
C.
The customer or his representative may be present, if he desires,
when his meter is tested. If the customer wishes to be present, he
should so notify the City at the time of his request for the meter
test. The City shall give the customer reasonable advance notification
as to the day, time and place of said meter test.
D.
A report of the results of the test shall be made to the customer
within a reasonable time after the completion of the test.
E.
Fast meters. When a meter is found to be fast in excess of 2% as
a weighted average of the total volume of flow at all test rates,
the City shall refund to the customer an amount equal to the excess
charged for the water incorrectly metered. The period over which the
correction is to be made shall be the time elapsed since the last
previous test or to the time of apparent failure; provided, however,
the period shall not exceed six months.
A.
A normal pressure within the range of 50 pounds to 125 pounds can ordinarily be made available in areas contiguous to existing lines and at the pressure indicated for normal operations within established pressure zones, where applications for service are received which would involve service to elevations either above or below the established elevation, special engineering and economic studies may be required which could result in other than normal equipment requirements to provide such service. All circumstances will be taken into account in determining the feasibility of rendering service and where the feasible extensions will be made subject to the provisions outlined in § 440-12, Line extensions, or Subsections F and G.
B.
Not more than one service line for each class of service shall be
installed on the premises for any one customer.
C.
The customer shall install a shutoff valve, or equivalent, on his
yard line in order that he can control the water flow in his entire
water system. Such valve shall be located in an accessible place for
easy operation by the customer.
D.
No cross-connection with any other source of water shall be made
to a customer's piping which is connected to the City's lines.
E.
Where the normal water pressure is determined by the customer to
be less than his requirements, the customer shall install a booster
pump and pressure storage tank. The design for any such installation,
including an approved backflow preventer, shall be submitted to the
City for approval prior to any construction.
F.
Where the normal water pressure is determined by the customer to
be greater than his requirements, the customer shall install an approved,
adjustable pressure regulating device in his piping system.
G.
An approved adjustable pressure regulator shall be installed by the
customer on all new services before water service will be connected,
and it shall be so located as to control the pressure in the customer's
entire piping system.
H.
All piping and plumbing installations made by the customer or under
responsibility of the customer shall conform with the Plumbing Code
of the State of New Mexico and/or other applicable codes or regulations.
[Amended 12-8-2021 by Ord. No. 21-18; 10-11-2023 by Ord. No. 23-08]
Resale of water service or the furnishing of water service to
others by a customer shall not be permitted except where such resale
or furnishing of service is provided for in the applicable schedule
and in a written agreement between the customer and the City. City
municipal water and wastewater shall not be used for the commercial
cultivation, processing, manufacturing or production of cannabis or
cannabis products or other commercial agricultural or commercial dairy
purposes.
A.
In order to assure proper operation of fire hydrants, no water shall
be drawn through any fire hydrant for any other purpose than fire
protection, except by special permit from the City.
A.
A customer desiring private fire-protection service, in addition
to regular water service, shall make such a request, in writing, to
the City prior to commitment of the project to construction.
B.
If water main facilities are available for such service as determined
by the City, the customer will install, at his own expense, a complete
and separate piping system extending and connecting to the City's
facilities. This will include a meter pit of sufficient size to house
the necessary valves, meters and piping, all of which shall be as
specified by the City. The location of this pit will be determined
by the City.
C.
The City will furnish and install the necessary metering at the expense
of the customer.
D.
In the event the City's water mains are inadequate to provide the requested fire-protection service or if extension of a main is required, refer to § 440-12, Line extensions.
E.
Fire-protection service shall be billed as a separate customer account
on the same basis as a small business commercial or a commercial,
industrial and institutional customer account based on the meter size
utilized.
Line Size
(inches)
|
Charge
| ||||
---|---|---|---|---|---|
FY 2013
|
FY 2014
|
FY 2015
|
FY 2016
| ||
1
|
$120.00
|
$81.00
|
$43.00
|
$4.50
| |
2
|
$238.00
|
$160.00
|
$85.00
|
$7.50
| |
3
|
$240.00
|
$165.00
|
$90.00
|
$15.00
| |
4
|
$360.00
|
$250.00
|
$140.00
|
$26.00
| |
6
|
$486.00
|
$345.00
|
$200.00
|
$55.00
| |
8
|
$625.00
|
$460.00
|
$290.00
|
$126.00
|
A.
Before proceeding with the purchase of any equipment which will necessitate
the use of large quantities of water within short periods of time,
the City shall be consulted for advice as to the best method of installation
and for information concerning the conditions under which the water
will be supplied to the premises of the customer.
B.
In general, the City reserves the right to limit the size of service
connections or openings through which its service is furnished for
filling storage tanks, locomotive tenders, hydraulic equipment, private
fire service, or other classes of service capable of drawing relatively
large quantities of water and thereby causing undue fluctuations of
pressure in portions of the City's system.
[Amended 4-20-1983 by Ord. No. 71-30]
If charges for water service, service work, temporary and special
services, assessments, maintenance and extensions become delinquent,
a lien for said delinquency may be filed in accordance with NMSA 1978,
§§ 3-36-1 through 3-36-7.
[Amended 5-14-1990 by Ord. No. 79-18]
A.
Public access restrictions.
(1)
The City of Las Vegas will not allow any public access to said property.
"Public" refers to any individual or group of individuals wishing
to use said property for any reason unrelated to any City intended
use of the property.
(2)
Such activity includes, but is not limited to, hiking, picnicking,
rock climbing, camping, tree removal, disposal of litter, disposal
of any hazardous material, field exploration, bird watching, road
building, fishing, or swimming.
(3)
The City will allow access to said property to individuals who are
on official City business with the approval of the Water Department.
(4)
Said individuals include, but are not limited to, City employees
performing an official City function, representatives from the New
Mexico Environmental Improvement Agency, the United States Department
of Agricultural, the Bureau of Land Management, any engineer, geologist,
hydrologist, or professional person or company contracted by the City
to perform studies or tests of the property, water facilities, and
water, and any person or company contracted by the City to perform
repair work, maintenance work, or construction work on the property
or water facility.
B.
Enforcement. Said property will be clearly posted with "No Trespassing"
signs which conform with City regulation or state regulations. In
the event unauthorized personnel enter said property, Water Department
personnel will advise the unauthorized personnel that they are trespassing
and enforcement of this chapter will be pursued under applicable law.
The City of Las Vegas shall provide the various water service
classifications provided herein when adequate water supply exists
to meet the demand of existing City-wide water service. The City shall
possess the right to disallow any or all of the service classifications
provided herein. Where water supply fails to meet the demands of the
existing City-wide water service, new service shall be in accordance
with an ordinance defining water rationing plan.
[Amended 4-16-1987 by Ord. No. 75-49]
A.
Requirements for municipal water services. Any person, firm, corporation
or association, hereinafter referred to as "user," who resides or
whose business is located outside of the City limits of the City of
Las Vegas, New Mexico, and who shall request municipal water services
shall hereafter be required to transfer water rights or a water supply
payment to the City of Las Vegas in exchange for such services under
the conditions contained herein and in the amounts which shall be
determined by the governing body of the City of Las Vegas, New Mexico,
by resolution duly adopted from time to time.
B.
Conditions.
(1)
No new municipal water service connection outside of the City limits
shall be approved by the City of Las Vegas, New Mexico, for any user
until there has been completed a transfer to the City of Las Vegas
water rights or water supply payment as shall be required by the governing
body of the City of Las Vegas, New Mexico, when it is determined by
the Water Director that water is available, according to the annual
water allotment schedule based on annual average consumption for like-established
enterprises.
(2)
The requirements stated herein for transfer of water rights shall
be restricted to new municipal water service connections outside of
the City limits as opposed to reconnection or renewal of terminated
services, unless the type or establishment changes to a higher use
in which case the difference between the previous use and higher use
must be transferred.
(3)
The water right amounts required to be transferred under the schedule
of terms shall be on a acre/foot consumptive use basis and contingent
on approval for transfer to the City of Las Vegas under the rules,
regulations and procedures required in compliance with the state water
law; all costs in connection with such transfer shall be provided
by transferor.
(4)
There will be no new municipal water service connections outside
of the City limits approved by the City until there has been a completed
transfer to the City of water rights to meet a minimum requirement
or schedule based on annual consumption, and there may be situations
wherein the proposed water service connection cannot furnish the required
water right and a money amount shall be established in lieu of the
required water rights. Therefore, water rights shall be established
based on the following annual water allotment schedule:
Category of Establishments/Enterprise
|
Annual Water Allotment Average Acre/Feet of Water
| |
---|---|---|
Residential
|
0.4 each connection
| |
Apartment/condominium complex
|
0.2 each unit
| |
Motels**
|
0.3 each unit
| |
Mobile trailer homes
|
0.3 each unit
| |
Service stations**
|
0.5 each establishment
| |
Car washes**
|
5 each establishment
| |
Laundromats
|
0.3 each machine
| |
Drive-in (eating establishments)
|
1.5 each establishment
| |
Restaurants**
|
2.0 each establishment
|
NOTES:
| |
---|---|
** Average annual usage particularly for these category items
may vary by specific establishments depending on size, type and complexity
of operation. For example, motels with restaurants, bar and other
facilities may use more water on a per unit basis then one without
such facilities. Adjustments on an individual basis shall be made
for any establishment which may deviate significantly from the average
period.
|
(5)
Other categories not included, such as hospitals, retail stores,
business offices, etc., shall be determined on an individual basis
by the City Council.
(6)
In the event that required water rights cannot be transferred to
the City and if the City has sufficient water rights available, the
City may allow the proposed water service connection upon payment
in cash of $1,500 per acre/foot of water needed on a consumptive basis.
Nothing in this chapter shall require the City to sell any of the
water rights it may own.
(7)
All future annexations will be considered upon submittal of a water
plan consistent with this chapter and approved only after water rights
or water supply payment have been transferred to the City of Las Vegas
in the amounts determined necessary to provide municipal water services
in the said area to be annexed.
(8)
Transfer of water rights, where applicable, will be required for
any parcel of land on which building permits are issued.
(9)
The transfer of water rights, wherever applicable, in no way abolishes
the requirement of tapping fees, extension fees or other costs or
requirements of the City of Las Vegas regarding the provision of water.
[Amended 7-12-1990 by Ord. No. 78-44; 8-19-1998 by Ord. No. 98-2; 5-25-2000 by Ord. No. 99-34; 5-16-2001 by Ord. No. 01-14; 6-21-2010 by Ord. No. 09-18]
A.
Short title. This section may be cited as the "City of Las Vegas
Water Conservation Ordinance."
B.
Purpose. The purpose of this section is to provide the City the means
to reduce per capita water demands by requiring its government, citizens
and businesses to comply with prescribed water conservation regulations
and by establishing financial and other incentives for water conservation.
C.
Scope. This section shall apply to all City provided water, whether
potable or effluent, and all customers of the City water or wastewater
utility wherever situated to the extent legally permissible.
D.
Declaration of policy.
(1)
The governing body finds and determines that encouraging and requiring
the adoption of water conservation measures is an effective and low-cost
means to balance water demands with limited available water supplies
and production capabilities. The governing body further recognizes
that as a consequence of implementing water conservation regulations,
reduction in water use provides the following benefits to the City
and its citizens:
(a)
Potential for reduction of individual residential and commercial
customers' water and sewer bills.
(b)
Provides a means of working within available supply and water
rights while additional supply sources are being brought on line with
an interim goal of 2.5% per year reduction in treated water produced
with a goal of reaching 75 gallons per capita per day over the next
20 years. This will allow the City to stay within its allotted water
rights.
(c)
Reduces peak summer demands thereby reducing short- and long-term
system costs.
(d)
Enhances the local environment by minimizing transport of fertilizer,
pesticide, and other contaminants from runoff to surface waters and
deep percolation to groundwaters. Enhances the global environment
by reducing energy consumption associated with water production, treatment,
and distribution.
(2)
It is hereby declared, because of the City's immediate and long-term
limited water supplies and the overall benefits of water conservation,
that the City promote and require water use efficiency strategies
for the public health, safety, and general welfare of its citizens.
(3)
It is hereby declared that, to promote implementation of efficiency
measures, the City establishes a water rebate program to be developed
and administered by the Utilities Department.
(4)
It is hereby declared that the City shall consult with other stakeholders
to include the Office of the State Engineer, Acequias and Storrie
Water Users' Association to maximize the effectiveness of water conservation
in the Gallinas River Basin. The City will work with the above-named
agencies to promote water conservation projects.
(5)
It is hereby declared that the City shall develop and implement water
pricing mechanisms such as progressive block rate structures and/or
other feasible alternatives to encourage water conservation.
(6)
It is hereby declared that water rate structures shall be established
so as to provide sufficient receipts to cover all of the Utility's
aggressive retrofit rebates and other water conservation efforts.
(7)
It is hereby declared that if any part of this section is stricken
as illegal, then the remainder of this section will continue with
full force and effect.
(8)
It is hereby declared that the City shall take a leadership in position
and be in compliance with all requirements within 12 to 18 months.
(9)
It is hereby declared that the City will assess leaks in the distribution
system within 12 months of implementation of this section and establish
and maintain an ongoing leak detection program.
(10)
It is hereby declared that the City shall develop a meter inspection
program and monitor unaccounted for unbilled water.
(11)
It is hereby declared that the City, within 12 to 18 months,
shall develop and promulgate policies which provide for a family of
year-by-year quantitative water conservation goals, to include items
such as total surface water diversion, total groundwater diversions,
distribution system losses, and criteria for specific major users.
The City shall establish policies to ensure a proactive violation
detection program.
E.
Signage, public notices, education.
(1)
Signage.
(a)
Public, semipublic, and governmental rest room and shower facilities.
These facilities shall post no less than one water conservation sign
in each rest room and shower facility, the size of which shall not
be less than 8.5 inches by 11 inches. Entities may use a City-provided
sign or develop their own sign using City-provided text, the text
of which shall cite this section. A "semipublic facility" shall include
all private clubs and fraternal organizations. Postings shall be displayed
in a visible location.
(b)
Hotels, motels, and other lodging facilities. These facilities
shall include a water conservation informational card or brochure
in a visible location in each guest room. Entities may use City-provided
literature or develop their own using City-provided text.
(2)
Notices. The Utilities Department shall make the following information
available to the public through local media outlets or and through
distribution of public education materials:
(a)
Snow water equivalent as measured at the Wesner Springs SnoTel
Measuring Site by comparison of recent measurements to the previous
three years for the same period (to be made available to local media
outlets during the months of February, March and April).
(b)
Gallinas River flows, total water production and current reservoir
storage (to be made available to local media outlets year round).
(c)
Retail plant nurseries. Retail plant nurseries shall provide
their end use customers with City-provided low-water-use landscape
literature and water efficient irrigation guidelines at the time of
sale of any outdoor perennial plants. An "end-use customer" is the
person or persons who will ultimately own the plant material. A landscape
contractor or architect is not an end-use customer. In order to facilitate
the purchasing of low-water-use plants, nurseries are strongly encouraged
to tag or sign their low-water-use plants.
(d)
Landscape contractors and architects. Landscape contractors
and architects shall provide prospective clients with City-provided
low-water-use landscape literature and water efficient irrigation
guidelines at the time of presenting a service contract to their prospective
client. Landscaping professionals are strongly encouraged to educate
their customers regarding the operation of timed irrigation systems
and/or cisterns for water harvesting and curb cuts to catch road runoff
where appropriate.
(e)
Realtors, title companies, attorneys, banks, and other closing
real estate transactions. These individuals or entities shall provide
the party purchasing a home, business, or property with City-provided
indoor and outdoor water conservation literature at the time of closing.
(3)
Education.
(a)
The City Utilities Department shall make available water conservation
educational material to increase the awareness of the public regarding
the value of our water resources and how water can be used more efficiently
(year round). The City shall seek to coordinate the exchange and distribution
of educational materials and awareness efforts with New Mexico State
agencies, acequias, municipalities, counties, and utilities.
(b)
The City Utilities Department shall inform the public of the
water conservation measures of this section. Public information/education
will be conducted for a reasonable period as to allow the public to
become informed of said conservation measures. The effectiveness of
this education will be made available to the public.
(c)
The City Utilities Department will maintain a continuing public
education program concerning water conservation to include the measures
of this section throughout the year.
(d)
The City Utilities Department will post on its website an annual
report of overall City facility water consumption figures and top
10 water users by class during the month of February.
F.
Outdoor uses. The following subsection shall apply to all City customers
using City-provided water for outdoor uses. These restrictions shall
also apply to any properly licensed person, firm or corporation engaged
in the business of growing or selling plants. The City encourages
the use of greywater meeting applicable standards or water harvested
from precipitation.
(1)
Irrigation. Irrigation shall be permitted on:
(2)
Irrigation systems. Overhead spray irrigation systems are prohibited
in all areas except turf areas. Temporary irrigation systems will
be reviewed on a case-by-case basis.
(3)
Shutoff nozzles shall be required on all hoses used for hand watering,
washing of vehicles, or any other type of outdoor water use.
(4)
Large landscaped areas. Areas with water pressure limitations or
inadequate irrigation equipment which restrict the owner's ability
to irrigate in the odd/even manner specified in the above subsections
may designate a portion of its landscape area as "odd" and a portion
as "even." The Utility Department shall approve this designation prior
to irrigating. The utility account holder shall submit an irrigation
plan with a sketch map showing odd and even irrigation areas.
(5)
Owners of acequia rights or private wells. To the extent that water
is available, those supplies shall be used prior to the use of City
water.
(6)
Minor private water service line leaks, as determined by the City, shall be repaired by the owner or property manager within 15 days of initial notification by the City. A severe leak, as determined by the City, shall be repaired immediately. Failure to do so may result in discontinuance of service as set forth in § 440-10 of this chapter. Proof of repair shall be provided to the City Utilities Department upon completion of the repair.
(7)
Concrete, cement, asphalt, or other impervious surfaces shall not
be washed down with a hose or other means of transported water, unless
there is a hazard to be removed. The City Utilities Department and
City Fire Department shall be advised of said hazard. Surfaces include,
but are not limited to, sidewalks, parking lots, ramps, and loading
docks.
(8)
In order to protect the large public investment in parks and playing
fields the use of treated effluent water to water trees and shrubs
in public parks, playing fields and other publicly maintained spaces
may be restricted by the Utilities Department but is generally exempt
from Stage I, II, III and IV watering restrictions. This subsection
recognizes that even in times of low water parks and playing fields
are essential to the continuing quality of life in the City and may
even help to minimize long-term water consumption by providing shaded
areas and reducing runoff.
G.
Indoor uses.
(1)
Minor indoor plumbing leaks, as determined by the City, shall be repaired by the owner or property manager within 15 days of initial notification by the City. A severe leak, as determined by the City, shall be repaired immediately. Failure to do so may result in discontinuance of service as set forth in § 440-10 of this chapter. Proof of repair shall be provided to the City Utilities Department upon completion of the repair.
(2)
Water conservation plumbing. For all new construction, remodeling and all replacements of existing plumbing fixtures, the water conservation plumbing standards set out below shall be met. In addition, with the exception of Subsection G(2)(d), it is strongly recommended that all existing nonresidential water users shall retrofit their facilities such that the plumbing fixtures noted below are in place one year from the date of adoption of this subsection. It is also strongly recommended that any residential property with more than three rental units shall retrofit their facilities such that the plumbing fixtures noted below, with the exception of Subsection G(2)(b) and (d), are in place one year from the date of adoption of this subsection.
(a)
Water closets. Water closets, either flush tank, dual flush,
flushometer tank, or flushometer valve operated, shall have an average
consumption of not more than 1.6 gallons (6.1 liters) of water per
flush or less.
(b)
Urinals. Urinals shall have an average water consumption of
not more than 1.0 gallons (3.8 liters) of water per flush.
(c)
Nonmetered faucets. Lavatory and kitchen faucets shall be equipped
with aerators and shall be designed and manufactured so that they
will not exceed a water flow rate of 2.0 gallons (9.5 liters) per
minute.
(d)
Metered faucets. Self-closing metering faucets shall be installed
on lavatories intended to serve the transient public, such as those
in but not limited to public institutions, service stations, train
stations, airports, restaurants, and convention halls. Metered faucets
shall deliver not more than 0.25 gallons (1.0 liters) of water per
use. New construction must install infrared sensor hands-free faucets
in all buildings with public access.
(e)
Shower heads. Shower heads shall be designed and manufactured
so that they will not exceed a water supply flow rate of 2.5 gallons
(9.5 liters) per minute. Emergency safety showers are exempted from
this subsection. The City Utility Department shall make available
low-flow showerheads to its customers, subject to the availability
of funds.
(f)
Recirculating hot water systems. Hotels and motels shall install
recirculating hot water systems on all new construction.
(g)
Installation. Water-conserving fixtures shall be installed in
strict accordance with the manufacturer's instructions to maintain
their rated performance.
(h)
Certificate of compliance. All of the requirements regarding
water-conserving devices mentioned shall be certified by a certificate
of compliance by a licensed mechanical contractor or plumbing permittee
before or at a time of the final plumbing inspection.
(i)
High-efficiency front-loader washing machines are highly recommended
and shall be promptly installed, except where City utility representatives
agree that installation is not economically feasible.
(3)
Eating establishments. All commercial eating establishments shall
provide water or other beverages only upon request. Eating establishments
serving beverages in single-serving containers shall only serve an
accompanying glass if specifically requested by the customer. These
provisions shall be clearly communicated to the customer in at least
one of the following manners: on the menu, by use of a table tent
or similar signage on the table, or posting in a location clearly
visible to all customers. All catering and banquet operations shall
comply with the provisions of this subsection.
(4)
Lodging restrictions. Lodging facilities shall not change the sheets
and towels more than once every four days for guests staying four
days or more unless there is a justified public health reason. Guests
shall be informed of this requirement, in writing, at the time of
check-in.
(5)
Institutional water users. Institutional water users on the City
of Las Vegas system shall conduct annual internal water audits and
shall develop and implement a water conservation program to reduce
consumption that is to include replacing all high-flow fixtures with
low-flow devices. Their conservation program should be developed in
conjunction with the City.
(6)
City facilities/parks. The City of Las Vegas shall conduct annual
internal water audits of these facilities.
H.
New construction.
(1)
New construction or remodeling by contractors and private individuals. Commercial contractors are required to obtain the proper building permit issued by the City Community Development Department allowing the construction or remodeling that requires the use of water. Set construction shall meet standards outlined in Subsection G.
(2)
Irrigation systems. Irrigation systems for all new commercial and
multifamily residential developments are to be installed with automatic
timing controllers. Irrigation systems are to be designed to avoid
overspray or drainage of water onto any paved or unplanted surface
and follow same time and day restrictions.
(4)
All new state or publicly funded construction must meet LEED certification
for energy and water consumption.
I.
Water shortage; conservation stages. The following additional water
conservation stages shall apply when the water shortages dictate the
need to increase conservation of treated, potable water. The City
Manager, upon consultation with the Utility Director, shall determine
when each stage is implemented based on operational requirements,
predicted or actual water supply limitations and/or reservoir levels.
The Mayor and Council may decide to discontinue stages of the City
of Las Vegas water conservation program.
(1)
Stage I.
(a)
Irrigation. Irrigation shall be permitted on the following days
and addresses:
(b)
Vehicle washing. No City-provided water shall be used to wash
automobiles except at places of business whose services include the
washing of cars, where high-pressure wash is utilized either by self-service
or fully automated process, or car dealerships which utilize high-pressure
wash equipment. Further, such washing is exempt from these regulations
where the health, safety and welfare of the public is contingent upon
frequent vehicle cleanings, such as refuse collection trucks and vehicles
used to transport food and perishables and businesses with recycling
systems. Based on administrative approval, the City will encourage
the use of recycling systems and other conservation techniques available
to the industry by offering such incentives as it deems appropriate.
(c)
Swimming pools. Swimming pools and spas/hot tubs filled prior
to the implementation of Stage I and utilizing treated water shall
not add water to make up losses through evaporation or splashing,
through draining or through leaks in pools and spas/hot tubs while
Stage I is in effect with the exception of any municipally or Highlands
University owned covered (enclosed) swimming pool(s).
(d)
Eating establishments. All restaurants are prohibited from serving
water to their customers except when specifically requested by the
customers.
(e)
Ornamental fountains. Ornamental fountains may operate if they
recirculate water but not during windy periods. Ornamental fountains
that do not recirculate water are prohibited.
(f)
Fire hydrants. Use of water from fire hydrants shall be limited
to fire fighting, related activities or other activities necessary
to maintain the health, safety, and welfare of the citizens served
by the municipal water system. Metered use of hydrants may be allowed
at the Utility Director's discretion.
(g)
These restrictions shall not apply to any properly licensed
person, firm, or corporation engaging in the business of growing or
selling plants.
(2)
Stage II.
(a)
(b)
Vehicle washing. Requirements continue as in Stage I with the
following addition: Businesses, whose services include the washing
of automobiles, shall not be allowed to use City-provided water for
washing of automobiles on Mondays, Wednesdays and Fridays. Use of
recycled water is permitted any day of the week.
(c)
Swimming pools. Requirements continue as in Stage I.
(d)
Eating establishments. Requirements continue as in Stage I.
(e)
Ornamental fountains. Requirements continue as in Stage I.
(f)
Fire hydrants. Requirements continue as in Stage I.
(3)
Stage III.
(a)
Irrigation. Irrigation shall be permitted on the following days
and addresses:
(b)
Vehicle washing. Vehicle washing is only permitted at businesses
that utilize recycled water.
(c)
Swimming pools. There will be no refilling or adding of water
to swimming pools with the exception of any municipally or Highlands
University owned covered (enclosed) swimming pool(s).
(d)
Eating establishments. Requirements continue as in Stage I.
(e)
Ornamental fountains. Requirements continue as in Stage I.
(f)
Fire hydrants. Requirements continue as in Stage I.
(4)
Stage IV.
(a)
No outdoor watering. The City Manager, upon consultation with
the Utility Department, may declare an emergency and thus impose more
stringent restrictions should conditions warrant, subject to modification
by formal action of the City Council.
(b)
Said emergency restrictions may be temporary or long term based
upon the nature of the emergency, and shall include, when and as necessary,
municipal action as authorized by law, to take control of the Rio
Gallinas Stream System to protect it during actual or predicted drought
conditions. Emergency restrictions may also include City action to
restrict the use of private wells and/or ditches, as the City deems
it necessary, to the extent authorized by the law, and are subject
to the approval of the Mayor and City Council.
J.
Exemptions.
[Amended 12-14-2010 by Ord. No. 10-31]
(1)
Indoor uses. The City Utility Director has the authority to permit
exceptions in any case necessary to maintain adequate health and sanitation
standards.
(2)
Outdoor uses.
(a)
Newly installed plantings or sod and gardens, prior to Stage
I or II. Due to the need of newly installed sod and gardens to establish
a root system, a sixty-day exemption period may be allowed by the
Utilities Director. Residents, commercial establishments, and all
other entities shall apply for said sixty-day exemption by advising
the Utilities Department and, if approved, providing a copy of a proper
bill of sale or other sufficient proof deemed appropriate by the Utilities
Director. The sixty-day exemption shall be effective beginning the
day of the date of the bill of sale. Wherever acequia rights or private
wells are lawfully available for this purpose, such waivers shall
not be granted, in whole or in part. The exemption is for newly installed
plantings or sod and gardens only and not for other new or existing
landscaping (trees and shrubs).
(b)
Nursery stock. Plants being irrigated for retail or wholesale
sale are exempt.
(c)
Treated effluent; irrigation using treated effluent. Prior to
the application of treated effluent, under written agreement with
the City, the customer must complete the proper notice of intent form
seeking approval from the New Mexico Environment Department. Copies
of the completed form and of the notice of approval shall be provided
to the Utilities Department prior to the use of treated effluent.
(d)
Landscape companies, property owners, licensed plumbers or individuals
setting timed irrigation systems shall ensure that systems comply
with time and day restrictions. Ultimate responsibility for compliance
lies with the property owner.
(e)
The City Utility Director has the authority to permit exceptions
in any case necessary to maintain adequate health and sanitation standards.
(f)
Personal fruit and/or vegetable gardens of 200 square feet or less,
watered by drip irrigation, soaker hose or by hand.
[Added 12-20-2017 by Ord. No. 17-12]
(3)
The City of Las Vegas Water Filter Plant is exempt from this section
in their maintenance practices of washing down equipment using City-treated
water.
(4)
Harvested rainwater and greywater are exempt.
(5)
Hardship case waivers. Individuals and entities unreasonably or adversely
affected by any part of this water conservation ordinance may apply
in writing to the Utility Director for an equitable exception waiver
or adjustment. Such waiver or adjustment may be granted for a period
of one year (or two years) with the recommendation of the Utilities
Director and approval of the City Manager.
(a)
The applicant must submit evidence sufficient to convince the
designated approver that:
[1]
Literal application of this section creates a bona fide hardship
upon the individual or entity.
[2]
The individual or entity has a strong and effective water conservation
process in place.
[3]
The waiver or adjustment would not be unfair to other City residents.
[4]
The proposed waiver or exception will ameliorate the hardship.
(b)
If the waiver or adjustment is granted, the grantee must cause
a publication of a brief legal notice describing the waiver or adjustment
in the Optic.
(c)
Upon expiration of the waiver or adjustment period, the individual
or entity may apply for a subsequent waiver or adjustment.
(d)
The designated City approver must render a decision in writing
within 30 days of receipt of the application.
(e)
The individual or entity may appeal an adverse decision in writing
to the City Council within 30 days of receipt of the decision.
K.
Enforcement. The City Manager or designee to include but not limited
to the Water Conservation Specialist, City Police Department, City
Code Enforcement Officers, Fire Department and or Animal Control Officers
as authorized by the Municipal ordinances shall be the enforcement
authority of this section in the following manner.
(1)
Violations/penalties. The following procedure and applicable penalty
will be used in addressing violations of this chapter upon observation
or reasonable suspicion of said violation.
(a)
The first violation shall result in the issuance of a warning citation to the party committing said violation. The citation shall advise the party of the nature of the offense and of the subsection of this section that has been violated and it shall be consistent with Subsection K(2)(b)[1]. The result of the first violation shall be the distribution of a copy of this section and an educational packet containing information on water conservation to the party committing the violation.
(b)
Upon observation of or reasonable evidence of a second violation, a citation shall be issued to the party violating this chapter advising the party of the specific violation and include a notice to appear in Municipal Court. The penalty for the second violation shall be consistent with the penalties noted in Subsection K(2)(b)[2].
(c)
Subsequent violations shall be subject to Subsection K(2)(b)[3].
(2)
Water shortage. Conservation Stages I, II, III, IV.
(a)
All violations of water emergency stages shall come under the
jurisdiction of the Municipal Court of the City of Las Vegas, New
Mexico. Any person, business, institution or industrial plant found
in violation of this chapter shall be fined as follows.
(b)
Unless otherwise specified or ordered by the governing body of the City of Las Vegas, violators of this section or other water use restrictions issued by the enforcement authority as specified in Subsection K shall be subject to the following schedule of citation penalties to the extent that occur within a twelve-month period:
[1]
First violation. A warning shall be issued and include the address
of where the violation occurred, a description of the violation, and
notification of the consequences of subsequent violations.
[2]
Second violation: $350 penalty assessment municipal violation.
[3]
Third and subsequent violation: $450 penalty assessment municipal
violation per occurrence.
(3)
Penalties shall be distinct from of any Court costs assessed by the
Municipal Court.
(4)
All fines imposed shall apply to the account holder.
L.
ADMINISTRATIVE APPROVAL
CITY-PROVIDED WATER
DRIP IRRIGATION
EVEN-NUMBERED PROPERTIES
GREYWATER
HARVESTED WATER
ODD-NUMBERED PROPERTIES
PER CAPITA PER DAY
POTABLE WATER
RAW WATER
REBATE PROGRAM
RUNOFF
SERVICE AREA
SHUTOFF NOZZLE
SNOW WATER EQUIVALENT
TREATED EFFLUENT WATER
WATER WASTE
Definitions. As used in this section, the following terms shall have
the meanings indicated:
May be granted by City Manager and/or Water Director.
Water which is diverted or pumped from surface water and/or
well water sources and supplied to all citizens, businesses, industrial
and governmental customers serviced by the City's water system.
Low-pressure, low-volume irrigation applied slowly, near
or at ground level, to minimize runoff and loss to evaporation.
Properties where the official address ends in an even number.
Landscaped areas associated with a building will use the number of
that building as their address. Only one address shall be used for
a large landscape area associated with one building or activity, even
if the landscaped area is broken into many separate subareas.
Water-carried waste from kitchen (excluding garbage disposal)
and bathroom sinks, wet bar sinks, showers, bathtubs and washing machines.
Greywater does not include water-carried wastes from kitchen sinks
equipped with a garbage disposal, utility sinks, any hazardous materials,
or laundry water from the washing of material soiled with human excreta.
Greywater must meet NMED regulations.
Precipitation or irrigation runoff collected, stored and
available for reuse for irrigation purposes.
Properties where the official address ends in an odd number.
Landscaped areas associated with a building will use the number of
that building as their address. Only one address shall be used for
a large landscape area associated with one building or activity, even
if the landscaped area is broken into many separate subareas.
Total average daily gallons of treated potable water divided
by the estimated population.
Treated water provided by the City that is suitable for drinking,
cooking, and other domestic use.
Water drawn from a reservoir or other water source before
treatment.
A program designed to encourage a permanent reduction in
the amount of water used inside and outside of the home by establishing
financial incentives.
Water which is not absorbed by the soil or landscape to which
it is applied. Runoff occurs when water is applied too quickly (application
rate exceeds infiltration rate), particularly if there is a severe
slope. These standards do not apply to stormwater runoff which is
created by natural precipitation rather than human-caused or applied
water use.
All customers receiving water service from the City of Las
Vegas water source.
Device attached to end of hose that completely shuts off
the flow, even if left unattended.
The depth of water in the snowpack, if the snowpack were
melted, expressed in inches.
A nonpotable water source, which has been deemed acceptable
for the intended use, by the state of New Mexico Environment Department.
The nonbeneficial use of water.
A.
Short title. This section shall be known and may be cited as the
"Cross-Connections Prevention and Control Section."
B.
Purpose. The purpose of this
section is:
(1)
To prohibit unprotected cross-connection to the municipal water system
or within premises;
(2)
To declare such unprotected cross-connection unlawful and a public
nuisance and to protect for the abatement of such nuisances by petition
for injunctive relief as provided by law;
(3)
To protect the municipal water system against actual or potential
cross-connection by containment and/or isolation of contamination
or pollution that may occur within a premises because of some undiscovered
cross-connection;
(4)
To eliminate or control cross-connection between potable water systems
and other sources of water which are not approved as being safe and
potable for human consumption and which jeopardize the safety of potable
water systems;
(5)
To prevent the making of cross-connections in the absence of approved
methods of backflow prevention;
(6)
To encourage the exclusive use of public water systems as the source
of potable water for human consumption; and
(7)
To protect the consumer's water system against plumbing defects or
cross-connections which may impair the quality of potable water available
on the premises by an approved method.
C.
APPROVED
APPROVED TESTING LABORATORY
BACKFLOW
(1)
(2)
BACKFLOW PREVENTION ASSEMBLY OR PHYSICAL SEPARATION, APPROVED
(1)
(2)
(3)
(4)
(5)
CERTIFIED BACKFLOW PREVENTION ASSEMBLY TESTER
CONSUMER
CONTAMINATION
CROSS-CONNECTION
(1)
(2)
(3)
(4)
(5)
CUSTOMER'S SYSTEM OPERATOR
HAZARD, DEGREE OF
(1)
(2)
(3)
(4)
HEARING OFFICER
INDUSTRIAL FLUID
MANUAL OF PROCEDURES
PERSON
POLLUTION
PREMISES
RESPONSIBILITY
SERVICE CONNECTION
WATER DEPARTMENT
WATER SUPPLY, APPROVED
WATER SUPPLY, AUXILIARY
WATER SYSTEM, CONSUMER'S
WATER SYSTEM, MUNICIPAL
WATER SYSTEM, NONPOTABLE
WATER SYSTEM, POTABLE
WATER SYSTEM, PRIVATE
WATER SYSTEM, PUBLIC
WATER, USED
Definitions. The following definitions shall apply in the interpretation
and enforcement of this section:
As herein used, in reference to a physical separation, a
reduced-pressure principle backflow prevention assembly, a double-check
valve assembly, a pressure vacuum breaker, and atmospheric vacuum
breaker, or other backflow prevention assemblies or methods, means
approved by the appropriate testing laboratory.
The Foundation for Cross-Connection Control and Hydraulic
Research at the University of Southern California which has equivalent
backflow prevention assembly laboratory and field evaluation capabilities.
A flow reversal (i.e., backpressure or backsiphonage) of
a contaminate, pollutant or water from an unapproved supply into the
distribution pipes of a potable water system.
BACKPRESSUREA form of backflow due to an elevated pressure (by pump, elevation of system piping, steam and/or air pressure) which creates a flow reversal into the distribution pipes of a potable water system.
BACKSIPHONAGEA form of backflow due to a reduction in pressure (i.e., a negative or subatmospheric pressure) which creates a flow reversal into the distribution pipes of a potable water system.
A backflow prevention assembly of a make, model, size and
type approved for use or a physical separation which satisfies the
criteria set forth herein for an air-gap separation.
AIR-GAP SEPARATIONThe unobstructed vertical distance through the free atmosphere between the lowest free flowing outlet from a potable water system and the flood level rim of a tank, plumbing fixture, receptor or other device. An "approved air-gap separation" shall be at least the diameter of the outlet measured vertically above the flood level rim of the receptacle, but in no case less than one inch (2.54 cm). An air-gap separation shall be used to provide protection against a contamination hazard.
REDUCED-PRESSURE PRINCIPLE BACKFLOW PREVENTION ASSEMBLY (RPBA)An assembly of two independently operating approved check valves together with a hydraulically operating, mechanically independent differential pressure relief valve located between the check valves. The assembly shall include tightly closing (resilient seat) shutoff valves at each and must have properly located test cocks. To be approved these assemblies must be installed as prescribed within the "Manual of Procedures" and be readily accessible for in-line testing and maintenance. A reduced-pressure principle backflow prevention assembly shall be used to provide protection against a contamination hazard.
DOUBLE-CHECK VALVE ASSEMBLY (DCVA)An assembly of two independently operating approved check valves. The assembly shall include tightly closing (resilient seat) shutoff valves at each end and must have properly located test cocks. To be approved these assemblies must be installed as prescribed within the "Manual of Procedures" and be readily accessible for in-line testing and maintenance. A double-check valve assembly shall be used to provide protection against a pollution hazard.
PRESSURE VACUUM BREAKER (PVB)An assembly containing independently operating spring loaded check valve(s) and an independently operating spring loaded air inlet valve located on the discharge side of the check valve. The assembly shall include tightly closing (resilient seat) shutoff valves located at each end and must have properly located test cocks. To be approved these assemblies must be installed as prescribed within the "Manual of Procedures" and be readily accessible for in-line testing and maintenance. A pressure vacuum breaker shall be used to provide protection against a contamination hazard under backsiphonage conditions only.
ATMOSPHERIC VACUUM BREAKER (AVB)An assembly containing a float-check, a check seat and an air inlet port. The assembly shall include a tightly closing (resilient seat) shutoff valve immediately upstream of the valve body. To be approved these assemblies must be installed as prescribed within the "Manual of Procedures" and be readily accessible for in-line maintenance. An atmospheric vacuum breaker shall be used to provide protection against a contamination hazard under backsiphonage conditions only.
A person certified and competent in the testing, repair and
maintenance of backflow prevention assemblies by successful completion
of the written and performance examination administered as part of
a training and certification course approved by the appropriate authority.
To be recognized each certified backflow prevention assembly tester
shall furnish evidence of competence in all phases of backflow prevention
assembly testing and repair, by means of examination and education
or by means of examination and experience, to the Water Department.
A valid certification, issued in accordance with the requirement of
this section, which has not exceeded three years from the date of
issuance shall be evidence of competence. Each certified backflow
prevention assembly tester shall be cognizant of all applicable laws,
rules, regulations, reporting and recordkeeping requirements.
Any person who is served by the municipal water system and/or
is assessed charges for water service from the municipal water system
by the City of Las Vegas.
An impairment of potable water quality (by sewage, industrial
fluids, waste liquids, gases, or other substances) to a degree which
creates an actual hazard to public health.
Any unprotected actual or potential connection or structural
arrangement between the municipal water system or the consumer's potable
water system and any other source or system by which it is possible
to introduce a contaminant, pollutant, used water, industrial fluid,
gas, or other substance into a potable water system. Bypass arrangements,
jumper connections, removable sections, swivel or change-over devices
and other temporary or permanent devices through which, or because
of which, backflow can or may occur are considered to be cross-connections.
CROSS-CONNECTION CONTROL BY CONTAINMENTThe installation of an approved backflow prevention assembly or physical separation at the water service connection to a consumer's water system in instances where unprotected cross-connections within a consumer's premises pose a threat of contamination or pollution to the municipal water system. This type of protection may also be prescribed where it is physically or economically infeasible to find and permanently eliminate or control all actual or potential cross-connection within the consumer's water system. Containment control for residential application shall be accomplished with a dual check valve at the service connection.
CROSS-CONNECTION CONTROL BY ISOLATIONThe installation of an approved backflow prevention assembly or physical separation within the consumer's water system to effectively isolate that portion of the consumer's water system where unprotected cross-connections occur. This type of protection may also be prescribed where it is physically or economically infeasible to find and permanently eliminate or control all actual or potential cross-connections within a portion of the consumer's water system.
CROSS-CONNECTION, POTENTIALA connection or structural arrangement between the municipal water system or the consumer's potable water system and any other source or system through which backflow into potable water system may occur as the result of intermittent conditions.
CROSS-CONNECTION, PROTECTEDA cross-connection which has been protected (controlled) with an approved backflow prevention assembly or physical separation.
CROSS-CONNECTION, UNPROTECTEDA cross-connection which has not been protected (controlled) with an approved backflow prevention assembly or physical separation.
The consumer or the consumer's contact person who has knowledge
of the backflow preventers located on the premises.
The condition of risk created by an actual or potential threat
of contamination or pollution resulting from a cross-connection.
HAZARD, CONTAMINATIONAn actual or potential threat of contamination, of a biological, physical or toxic nature, to the municipal water system or the consumer's potable water system to a degree which creates a hazard to public health.
HAZARD, PLUMBINGAn internal or plumbing type cross-connection within a consumer's potable water system that may be a contamination or a pollutional hazard. This includes, but is not limited to, cross-connections to toilets, sinks, lavatories, wash trays, domestic washing machines and lawn sprinkling system. Such cross-connections must be protected with approved backflow prevention assembly(ies) or physical separation(s).
HAZARD, POLLUTIONALAn actual or potential threat of pollution to the municipal water system, or the consumer's potable water system, which would not create a hazard to public health.
HAZARD, SYSTEMAn actual or potential threat of severe damage to the physical properties of the municipal water system or the consumer's potable water system, or an actual or potential threat of pollution or contamination which would have a protracted effect upon the potable quality of the water in either system.
The person designated by the City Manager and authorized
to conduct hearings as provided within this section, subject to the
rules and regulations established by City of Las Vegas.
Any chemically, biologically or otherwise contaminated fluid
or solution in a form or concentration which would constitute a contamination
or pollutional hazard if introduced into the municipal water system
or the consumer's potable water system.
A manual of procedures for implementation of the City of
Las Vegas Cross-Connection Prevention Program to include standardized
backflow prevention assembly installation criteria for the protection
of the municipal water system. The "Manual of Procedures" shall be
published by the Water Department.
Any individual, partnership, firm, public company, private
corporation, association, trust, estate, government entity, or any
other legal entity or their legal representatives, agents or assigns.
This term means either the singular or plural, as the case may be.
An impairment of potable water quality to a degree which
does not create a hazard to public health, but does render such water
unsuitable for other domestic uses.
A parcel of real estate or portion thereof, including any
improvements or structures thereon.
It shall be the responsibility of the City's Water Director
to administer and enforce the provisions of this section. This section
also assigns responsibilities to customers and to certified backflow
prevention assembly testers and repairmen.
The terminal end of a water service from the municipal water
system (i.e., the downstream end of the water meter) to a consumer's
water system. Service connection also means any temporary or emergency
water service from the municipal water system.
Has the responsibility and authority to operate and maintain
the municipal water system.
Public water system and any other water sources regulated
by the New Mexico Health and Environment Department, Environmental
Improvement Division.
Any public or private water supply (including community and
noncommunity water systems, as further defined within the New Mexico
Regulations Governing Water Supplies) on or available to a consumer's
premises, other than the City of Las Vegas municipal water system.
Auxiliary water supplies may include public potable water suppliers,
any natural water sources (such as wells, springs, rivers, or streams),
used waters or industrial fluids.
The privately owned water system on a consumer's premises
whether supplied by the municipal water system or an auxiliary water
source. Where the consumer's water system is supplied by the municipal
water system, the point of beginning of the consumer's water system
shall be the service connection.
Any potable water system which is owned and operated by the
City of Las Vegas to supply residential and nonresidential water uses
within and beyond the municipal limits of the City of Las Vegas. This
water system includes all sources, facilities and appurtenances between
the source and the service connection (water meter) such as valves,
pumps, pipes, conduits, reservoirs, storage tanks, fixtures, equipment
and appurtenances used to produce, convey, treat or store potable
water.
A water system that contains water which exceeds the maximum
contaminant levels specified by the New Mexico Regulations Governing
Water Supplies and/or Public Law 93-523 (the Safe Drinking Water Act
and subsequent amendments)[1].
A water system that contains water which does not exceed
the maximum contaminant levels specified by the New Mexico Regulations
Governing Water Supplies and/or Public Law 93-523 (the Safe Drinking
Water Act and subsequent amendments)[2].
Any water system for the provision of piped water for human
consumption or domestic purposes, if such system does not have more
than 15 service connections or does not regularly serve an average
or more than 25 individuals at least 60 days during the year.
A water system, other then the municipal water system, for
the provision of piped water for human consumption to the public,
if such system has at least 15 service connections or regularly services
an average of at least 25 individuals at least 60 days out of the
year. A public water system is either a community water system or
a noncommunity water system (as further defined within the New Mexico
Regulations Governing Water Supplies).
Any water supplied from the municipal water system to a consumer's
water system after it has passed through the service connection and
is no longer under the sanitary control of the Water Department.
D.
Responsibility. The elimination or control of cross-connections to
the municipal water system or within premises requires cooperation
between the City of Las Vegas and the consumer.
(1)
The Water Department shall be responsible for prevention of backflow
of contaminants, pollutants, used water or water from auxiliary water
supplies through the water service connection and into the municipal
water system. Approved backflow prevention assembly(ies) or physical
separation(s), commensurate with the degree of hazard, shall be installed,
as required by the Water Department, at the consumer's water service
connection for the safety and protection of the municipal water system.
If actual or potential unprotected cross-connections are found within
the consumer's water system during the Water Department's premises
inspection, the Water Department shall give notice, in writing, to
said consumer to have such approved backflow prevention assembly(ies)
or physical separation(s) installed at the consumer's own expense
within 30 days of such notification. In instances of failure, refusal
or inability on the part of the consumer to install, have tested and
maintain said assembly(ies) or physical separation(s), the Water Department
shall have the authority to disconnect water service to the premises
until such requirements have been satisfactorily met.
(2)
The Water Department shall also be responsible for the prevention
of backflow of contaminates, pollutants, used water, or water from
auxiliary water supplies into the municipal water system. The Water
Department shall also be responsible for consumer notification, preliminary
and detailed premises inspections, premises reinspection, preparation
of inspection reports, noncompliance evaluations, office hearings,
water shutoff notifications, discontinuance of water service, maintaining
backflow prevention assembly records, assessment or special service
fees, enforcement of this section, implementation of penalties and
for the ultimate approval of the make, model, size, and type of backflow
prevention assemblies to be installed between the municipal water
system and the consumer's water system. In addition, the customer
shall be responsible for annual testing of backflow prevention assemblies
(at the service connection) be a certified tester. The Water Department
shall maintain current records for all backflow prevention assemblies
within the municipal water system service area, including those within
consumer's water system.
(3)
The Water Department shall be responsible for the prevention of backflow
of contaminants, pollutants, used water or water from auxiliary water
supplies into the consumer's potable water system. Approved backflow
prevention assembly(ies) or physical separation(s), commensurate with
the degree of hazard, shall be installed, as required by the Health
Agency, within the consumer's water system for the safety and protection
of the consumer's potable water system and the municipal water system.
If actual or potential unprotected cross-connections are found within
the consumer's water system during a premises inspection, the Health
Agency shall give notice, in writing, to said consumer to have such
approved backflow prevention assembly(ies) or physical separation(s)
installed, at the consumer's own expense, at specific location(s)
within the consumer's water system within 30 days of such notification.
In instances of failure, refusal or inability on the part of the consumer
to install, have tested and maintain said assembly(ies) or physical
separation(s), the Health Agency shall direct the Water Department
to disconnect water service to the premises until such requirements
have been satisfactorily met.
(4)
The Construction and Industries Division shall be responsible for
the prevention of unprotected cross-connection installations in new
and remodeled structures within its jurisdictional limits. The Plumbing
Official's responsibility begins at each service connection and carries
through the entire length of the consumer's water system. Where actual
or potential cross-connections are called for by the plans, the water
serviceman shall give notice to the consumer that approved backflow
prevention assembly(ies) or approved physical separation(s) must be
installed at the consumer's own expense. Information regarding the
make, model, size and type of any backflow prevention assembly which
will be installed shall be included within the revised plans. In instances
of failure, refusal or inability on the part of the consumer to install
and have tested said assembly(ies) or physical separation(s), the
Construction and Industries Division shall disapprove the plans or
suspend or revoke a plumbing permit issued under the provisions of
the State Building Code.
(5)
The consumer shall be responsible for the prevention of contaminants,
pollutants or auxiliary water supplies from entering his or her potable
water system(s) or from entering the municipal water system. The consumer's
responsibility begins at the service connection and carries throughout
the entire length of the water system(s). The consumer shall install,
have tested, and maintain, at his or her own expense, approved backflow
prevention assembly(ies) or physical separation(s) as directed by
the Water Department.
E.
Cross-connection control by containment.
(1)
Protection is required:
(a)
At the service connection to any premises which has an auxiliary
water supply;
(b)
At the service connection to any premises on which contaminants
or pollutants are handled in such fashion as to permit their backflow
into the consumer's water system; and
(c)
At the service connection to any premises where it is physically
or economically infeasible to find and permanently eliminate or control
all actual or potential cross-connections.
(2)
Type of protection. Approved backflow prevention assembly(ies) or
physical separation(s), commensurate with the degree of hazard, shall
be installed as required by the Water Department and further described
below:
(a)
The service connection to any premises served by an auxiliary
water supply shall be protected with an approved reduced-pressure
principle backflow prevention assembly or an approved air-gap separation.
(b)
The service connection to any premises on which any pollutant
is or may be handled in such fashion as to permit its backflow into
the consumer's water system shall be protected with an approved double-check
valve assembly.
(c)
The service connection to any premises where it is physically
or economically infeasible to identify and permanently eliminate or
control all actual or potential cross-connections shall be protected
with an approved reduced-pressure principle backflow prevention assembly
or an approved air-gap separation.
(d)
The service connection to any premises on which any contaminant
is or may be handled under pressure shall be protected with an approved
air-gap separation. This air-gap separation shall be located as close
as practicable to the service connection and all piping between the
service connection and receptacle shall be entirely visible. The service
connection shall be protected with an approved reduced-pressure principle
backflow prevention assembly in instances where these conditions cannot
be reasonably met.
(e)
The service connection to any sewage treatment plant or sewage
pumping station shall be protected with an air-gap separation. The
air-gap separation shall be located as close as practicable to the
service connection, and all piping between the service connection
and any receptacle shall be entirely visible. The service connection
shall be protected with an approved reduced-pressure principle backflow
prevention assembly in instances where these conditions cannot be
reasonably met.
(3)
Unprotected connections. Unprotected connections upstream from the
water meter of any backflow prevention assembly or physical separation
are strictly prohibited.
(4)
Frequency of inspection and testing. Backflow prevention assemblies
shall be inspected and tested at least once a year, or more often
in instances where consecutive tests indicate repeated failure. Where
repeated failures occur, quarterly test may be mandatory. Physical
separations shall also be inspected at least once a year. Backflow
prevention assemblies or physical separations at the service connection
to any premises shall be inspected and tested by a certified tester.
Backflow prevention assemblies shall be repaired, overhauled, or replaced
by the consumer at the consumer's own expense whenever they are found
to be defective to the specifications of the Water Department. All
records of inspections and tests shall be maintained by the Water
Department and these records shall be forwarded to the Water Department.
F.
Cross-connection control by isolation.
(1)
Nonpotable water systems. Unprotected cross-connections between potable
and nonpotable water systems are strictly prohibited.
(2)
Fire-protection system auxiliary water supplies. Unprotected cross-connection
between fire-protection system auxiliary water supplies and potable
water systems are strictly prohibited.
(3)
Dual-domestic fire-protection systems. In an instance where a potable
water system is used for both human consumption and fire-fighting
purposes, approved backflow prevention assembly(ies), commensurate
with the degree of hazard, shall be used to isolate that portion of
the water system used for fire-fighting purposes.
(4)
Unprotected connections. Unprotected cross-connections between the
consumer's potable and nonpotable water systems are strictly prohibited.
(5)
Industrial fluids. Any potable water system which serves industrial
equipment or operations shall be protected against backflow with approved
backflow prevention assembly(ies) or air-gap separation(s) beyond
the last point from which water for human consumption may be taken.
Air-gap separations shall be used in lieu of backflow prevention assemblies
where industrial fluids are liable to prevent reliable action of a
mechanical backflow prevention assembly.
(6)
Sewage treatment plants and pumping stations. Sewage pumps shall
not have direct priming connections to any source of potable water.
Cross-connections within sewage treatment plants or sewage pumping
stations are strictly prohibited.
(7)
Plumbing connections. Where conditions are such that backflow of
sewage into a potable water system (as from sewers, toilets, or hospital
bedpans) can occur, approved air-gap separation(s) or approved backflow
prevention assembly(ies), commensurate with the degree of hazard,
shall be installed. The requirements for such installations shall
apply to those situations where the occurrence of vacuum conditions
within the potable water system is definite and there is a potential
contamination hazard. In these instances, air-gap separations or backflow
prevention assemblies designed to protect against a backsiphonage
condition (i.e., roof tanks, separate pressure systems, approved atmospheric
or pressure vacuum breakers or other approved backflow prevention
assemblies, shall be installed.
(8)
Marking safe and unsafe water lines. Where premises contain dual
or multiple water systems, the exposed portions of all water system
pipelines shall be painted, banded or marked at sufficient intervals
to distinguish clearly which pipeline contains potable water and which
pipeline does not contain potable water. All outlets from potentially
contaminated systems shall be posted as being nonpotable.
(9)
Frequency of inspection and testing. Backflow prevention assemblies
shall be inspected and tested as least once a year, or more often
in those instances where consecutive tests indicate repeated failure.
Where repeated failures occur, quarterly tests may be mandatory. Physical
separations shall also be inspected at least once a year. Backflow
prevention assemblies or physical separations at the service connection
to any premises shall be inspected and tested by a certified tester.
In accordance with this section, a testing fee shall be assessed to
the consumer for each backflow prevention assembly tested by a certified
tester. Backflow prevention assemblies shall be repaired, overhauled,
or replaced by the consumer, at the consumer's own expense, whenever
they are found to be defective to the specifications of the Water
Department. All records and inspections, tests, repairs, overhauls,
and replacements shall be maintained by the Water Department.
G.
Right of entry.
(1)
Specific requirements for right of entry. Where required to implement
the objectives of this section, the Water Department shall, upon presentation
of official credentials, have:
(a)
A right of entry to, upon or through any consumer's premises
known or suspected to have cross-connections whether controlled or
uncontrolled; and
(b)
Access, at reasonable times, to inspect any cross-connection(s),
to test any backflow prevention assembly(ies) or to determine whether
any person is in violation of this section.
(2)
Legal procedures for denial of right of entry. In the event of any
consumer denies the Water Department the right of entry to or upon
the consumer's premises for the purpose of inspection of any cross-connection(s),
testing of any backflow prevention assembly(ies) or to perform any
other duties prescribed by this section, the Water Department shall
obtain a search warrant of use such other legal procedures as shall
be advisable and reasonably necessary to discharge his duty to protect
the municipal water system.
H.
Emergency termination of water service. In the event an actual or
potential cross-connection presents an imminent and substantial endangerment
to public health or a threat of contamination to the municipal water
system, the Water Department shall immediately notify the City Manager
of the nature of the emergency. The Water Department shall attempt
to notify the consumer at the premises and shall enlist his or her
assistance in the control and elimination of the hazard. The Water
Department shall temporarily disconnect water service to the premises
where immediate action is necessary to protect the municipal water
system. Water service to the premises shall be restored by the Water
Department once the hazard has been controlled or eliminated.
I.
Liability clause.
(1)
The Water Department acting in good faith and without malice in the
enforcement of this section shall not thereby assume personal liability
for any damage, or loss of revenue or income, that may accrue to persons
or property as a result of any act, or by reason of any omission in
the discharge of the duties and responsibilities afforded by this
section. Any suit brought against the Water Department because of
such act or omission shall be defended by legal counsel provided by
the City until final termination of such proceedings.
(2)
This section shall not be construed to relieve from or lessen the
responsibility of any consumer for any damages to persons or property
caused by defects or cross-connections, nor shall the Water Department
be held as assuming such liability by reason of the performance of
the inspections or testing authorized by this section.
J.
Noncompliance measures.
(1)
Thirty days after a consumer is notified of the requirement to have
approved backflow prevention assembly(ies) or physical separation(s)
installed at the service connection or within the consumer's water
system, the Water Department shall reinspect the premises to verify
compliance. In instances of noncompliance, the Water Department shall
give at least 10 days' notice in writing to said consumer prior to
termination of water service and shall disclose the consumer's right
to appeal such action.
(2)
Adjudicatory hearing. If this hearing fails to bring about compliance,
the Water Department shall seek injunctive relief to cease delivery
of water to the premises and such other legal action, including the
penalties provided within this section, as it may deem appropriate.
A written notice of appeal shall be filed with the City Manager who
shall then appoint a hearing officer. A hearing shall be promptly
called by the hearing officer upon the filing of such appeal.
(3)
Judicial review. The exclusive remedy for any party dissatisfied
with any final decision of the hearing officer shall be the filing
of a cause of action in the District Court within 20 days after written
notice of the decision to the concerned party. The petition for review
shall be limited to the record of the proceedings of the hearing officer.
K.
Additional remedies.
(1)
It shall be unlawful for any person to willfully damage, bypass,
impair or render ineffective any backflow prevention assembly or physical
separation installed at the service connection to any premises or
within a premises. Such an act constitutes a violation of this section.
(2)
Any certified backflow prevention assembly tester who fails to comply
with the provisions of this section or who falsifies tests records
or reports shall be subject to the penalties provided within this
section. In these instances, the Water Department shall rescind recognition
of the certified tester and will actively seek revocation of the tester's
certification from the appropriate certification authority.
L.
Violations and penalties. Any person who violates any of the provisions
of this section, or who violated a final order or determination of
the Water Department, shall be deemed guilty of a misdemeanor and,
upon conviction thereof, shall be punished by a fine not exceeding
$500 and/or imprisonment for a term not exceeding 90 days. Each time
this section is violated shall be a separate offense.
[Amended 1-8-1998 by Ord. No. 86-22]
A.
Owner of underground utility pipeline. As the owner of an underground
utility pipeline, the Water Department of the City of Las Vegas must
be a member of a one-call notification system. This requirement is
a result of a state statute enacted during the 43rd Legislative Session
(1997) of the State of New Mexico introduced as Senate Bill 810 which
requires each and every owner or operator of a pipeline facility to
be a member of a one-call notification system.
B.
The Water Department of the City of Las Vegas is a member of the
Local Utility Council which is comprised of the local government agency
and private underground pipeline utility owners. The Local Utility
Council encompasses all underground utilities within the City of Las
Vegas and those areas which bound the City limits. This Council functions
under the authority of the New Mexico One-Call System and the New
Mexico Blue Stake Law.