[HISTORY: Adopted by the Town Council of the Town of Bernalillo
as indicated in article histories. Amendments noted where applicable.]
[Adopted 5-24-1976 by Ord. No. 51]
This article may be known as the "Sewer Use Ordinance of the
Town of Bernalillo."
Unless the context specifically indicates otherwise, the meaning
of terms used in this article shall be as follows:
The American Society for Testing Materials.
The quantity of oxygen utilized in the biochemical oxidation
of organic matter under standard laboratory procedure in five days
at 20° C, expressed in milligrams per liter.
That part of the lowest horizontal piping of a drainage system
which received the discharge from soil, waste, and other drainage
pipes inside the walls of the building and conveys it to the building
sewer, beginning five feet outside the inner face of the building
wall.
The extension from the building drain to the public sewer
or other place of disposal.
The quantity of oxygen utilized in the chemical oxidation
of organic and inorganic matter under standard laboratory procedure
by the dichromate reflux method expressed in milligrams per liter.
A sewer receiving both surface runoff and sewage.
Solid wastes from the domestic and commercial preparation,
cooking and dispensing of food, and from the handling, storage and
sale of produce.
Any person or his authorized representative so appointed
by the Town or any New Mexico Environmental Improvement Agency representative
charged with approval or inspection of public or private wastewater
facilities.
All waterborne solids, liquids or gaseous wastes resulting
from any industrial manufacturing or food processing operation or
process or from the development of any natural resource or any mixture
of these with water or domestic sewage as distinct from normal domestic
sewage.
"May" is permissive.
Any outlet into a watercourse, pond, ditch, lake or other
body of surface water or groundwater.
Waterborne wastes normally discharging from the sanitary
conveniences of buildings (including apartment houses and hotels),
office buildings, factories, and institutions, free from storm surface
water and industrial wastes. "Normal domestic wastewater" shall mean
normal for the Town of Bernalillo, New Mexico.
Any individual, firm, company, political or governmental
subdivision, association, society, corporation, or group.
The logarithm to the base 10 of the reciprocal of the weight
of hydrogen ions in grams per liter of solution.
The wastes from the preparation, cooking and dispensing of
food that have been shredded to such a degree that all particles will
be carried freely under the flow conditions normally prevailing in
public sewers, with no particle greater than 1/2 inch in any dimension.
A sewer in which all owners of abutting properties shall
have equal rights and is controlled by public authority.
The public sewer portion of a wastewater facility which transports
wastewater and to which stormwater, surface water and groundwater
are not intentionally admitted.
Those solids which settle during a preselected period of
time expressed as milliliters per liter of sample.
A pipe or conduit for carrying sewage.
"Shall" is mandatory.
Any discharge of water, sewage, or industrial waste which,
in concentration of any given constituent or in quantity of flow,
exceeds for any period of duration longer than 15 minutes more than
five times the average twenty-four-hour concentration or flows during
normal operation.
The laboratory procedures set forth in the latest edition,
at the time of analysis of "Standard Methods for the Examination of
Water and Wastewater," as prepared, approved and published jointly
by the American Public Health Association and the American Water Works
Association and the Water Pollution Control Federation.
A sewer which carries storm and surface waters and drainage,
but excludes wastewater and polluted industrial wastes.
The Director of the Wastewater Works of the Town of Bernalillo,
New Mexico, of his authorized deputy, agent, or representative.
Solids that either float on the surface of, or are in suspension
in, water, sewage, or other liquids and which are removable by laboratory
filtering.
The Town of Bernalillo, New Mexico.
A device for retaining sand, silt, grit mineral material,
petroleum solvent, grease or oil by gravity-differential separation
from wastewater and of a design and capacity approved by the Town
of Bernalillo, New Mexico.
Any water or waste containing none of the following: free
of[1] emulsified grease or oil; acid or alkali, phenols, or
other substances imparting taste and odor to receiving water; toxic
substances in suspension, colloidal state or solution; and noxious
or odorous gases.
The used water of a community. Such used water may be a combination
of the liquid and waterborne wastes from residences, commercial buildings,
industrial plants and institutions.
The structures, equipment, and processes required to collect,
transport and treat wastewater liquid and dispose of the effluent.
An arrangement of devices and structures for treating wastewater
and sludge. Sometimes used as synonymous with "waste treatment plant"
or "wastewater treatment plant."
A channel in which a flow of water occurs, either continuously
or intermittently.
The Water Pollution Control Federation.
[1]
Editor's Note: So in original.
A.
Untreated discharge unlawful. It shall be unlawful to discharge to
any natural outlet within the Town or in any area under the jurisdiction
of said Town any sewage or wastewater or other polluted waters, except
where suitable treatment has been provided in accordance with subsequent
provisions of this article.
B.
Unauthorized sewage disposal unlawful. Except as hereinafter provided,
it shall be unlawful to construct or maintain any privy, privy vault,
septic tank, cesspool, or other facility intended or used for the
disposal of sewage.
C.
Toilet facilities required. The owner of all houses, buildings or
properties used for human occupancy, employment, recreation, or other
similar purposes, situated within the Town and abutting on any street,
alley, or right-of-way in which there is now located or may in the
future be located a public sanitary sewer of the Town is hereby required
at his expense to install suitable toilet facilities therein, and
to connect such facilities directly with the proper public sewer in
accordance with the provisions of this article, within 90 days after
date of official notice to do so, provided that said public sewer
is within 100 feet of the property line.
A.
Private sewage disposal permitted. Where a public sanitary sewer is not available under the provisions of § 380-3C , the building sewer shall be connected to a private sewage disposal system complying with the provisions of this article.
B.
Application, permit, inspection fee. Before commencement of construction
of a private sewage disposal system, the owner shall first obtain
a written permit signed by the Superintendent. The application for
such permit shall be made on a form furnished by the Town, which the
applicant shall supplement by any plans, specifications, and other
information as are deemed necessary by the Superintendent. A permit
and inspection fee shall be paid to the Town at the time the application
is filed.
C.
Inspection. A permit for a private sewage disposal system shall not
become effective until the installation is completed to the satisfaction
of the Superintendent. He shall be allowed to inspect the work at
any stage of construction and, in any event, the applicant for the
permit shall notify the Superintendent when the work is ready for
final inspection and before any underground portions are covered.
The inspection shall be made within 72 hours of the receipt of notice
by the Superintendent.
D.
Design requirements. The type, capacities, location, and layout of
a private sewage disposal system shall comply with all recommendations
of the Environmental Improvement Agency of the State of New Mexico.
No permit shall be issued for any private sewage disposal system employing
subsurface soil absorption facilities where the area of the lot is
less than 15,000 square feet. No septic tank or cesspool shall be
permitted to discharge to any natural outlet.
E.
Public sewer availability. At such time as a public sewer becomes available to a property served by a private sewage disposal system, as provided in § 380-4D, a direct connection shall be made to the public sewer in compliance with this article, and any septic tanks cesspools and similar private sewage disposal facilities shall be abandoned and filled with clean soil or river bank sand or gravel.
F.
Sanitary operation. The owner shall operate and maintain the private
sewage disposal facilities in a sanitary manner at all times at no
expense to the Town.
G.
Health Officer requirements. No statement contained in this article
shall be construed to interfere with any additional reasonable requirements
that may be imposed by the appropriate Health Officer.
A.
Written permit required. No unauthorized person shall uncover, make
any connections with or opening into, use, alter, or disturb any public
sewer or appurtenances thereof without first obtaining a written permit
from the Superintendent.
B.
Application, inspection fee. There shall be two classes of building
sewer permits: a) for residential and commercial service and b) for
service to establishments producing industrial wastes. In either case,
the owner or his agent shall make application on a special form furnished
by the Town. The permit application shall be supplemented by any plans,
specifications, or other information considered pertinent in the judgment
of the Superintendent. A permit and inspection fee for a residential
or commercial building sewer permit shall be paid to the Town at the
time the application is filed.
C.
Costs; indemnification. All costs and expense incident to the installation
and connection of the building sewer shall be borne by the owner.
The owner shall indemnify the Town against any loss or damage that
may directly or indirectly be occasioned by the installation of the
building sewer.
D.
Separate building sewers. A separate and independent building sewer
shall be provided for every building except where one building stands
at the rear of another on an interior lot and no private sewer is
available or can be constructed to the rear building through an adjoining
alley, court, yard, or driveway the building sewer from the front
building may be extended to the rear building and the whole considered
as one building sewer.
E.
Old building sewers. Old building sewers may be used in connection
with new buildings only when they are found, on examination and test
by the Superintendent, to meet all requirements of this article.
F.
Design requirements; codes. The size, slope, alignment, materials
of construction of a building sewer and the methods to be used in
excavating, placing of the pipe, jointing, testing, and backfilling
the trench shall all conform to the requirements of the building and
plumbing code[1] or other applicable rules and regulations of the Town
and State of New Mexico.
G.
Gravity flow or lift. Whenever possible, the building sewer shall
be brought to the building at an elevation below the basement floor.
In all buildings in which any building drain is too low to permit
gravity flow to the public sewer, sanitary sewage carried by such
building drain shall be lifted by an approved means and discharged
to the building sewer.
H.
Stormwater separation. No person shall make connection of roof downspouts,
exterior foundation drains, areaway drains, or other sources of surface
runoff or groundwater to a building sewer or building drain which
in turn is connected directly or indirectly to a public sanitary sewer.
I.
Connections. The connection of the building sewer into the public
sewer shall conform to the requirements of the building and plumbing
code or other applicable rules and regulations of the Town or the
procedures set forth in appropriate specifications of the ASTM and
the WPCF Manual of Practice No. 9. All such connections shall be made
gastight and watertight. Any deviation from the prescribed procedures
and materials must be approved by the Superintendent before installation.
J.
Final inspection. The applicant for the building sewer permit shall
notify the Superintendent when the building sewer is ready for inspection
and connection to the public sewer. The connection shall be made under
the supervision of the Superintendent or his representative.
K.
Safety; barricades; lights. All excavations for building sewer installation
shall be adequately guarded with barricades and lights so as to protect
the public from hazard. Streets, sidewalks, parkways, and other public
property disturbed in the course of the work shall be restored in
a manner satisfactory to the Town.
A.
Discharge to sanitary sewers limited. No person shall discharge or
cause to be discharged any stormwater, surface water, groundwater,
roof runoff, subsurface drainage, uncontaminated cooling water, or
unpolluted industrial process waters to any sanitary sewer.
B.
Discharge to storm sewers and natural outlets. Stormwater and all
other unpolluted drainage shall be discharged to such sewers as are
specifically designated as storm sewers or to a natural outlet approved
by the Superintendent. Industrial cooling water or unpolluted process
waters may be discharged on approval of the Superintendent to a storm
sewer or natural outlet.
C.
Prohibited discharges.
(1)
No person shall discharge or cause to be discharged any of the following
described liquids or wastes to any public sewers:
(a)
Any gasoline, benzene, naphtha, fuel oil or other flammable
or explosive liquid, solid or gas.
(b)
Any waters or wastes containing toxic or poisonous solids, liquids,
or gases in sufficient quantity, either singly or by interaction with
other wastes, to injure or interfere with any wastewater facility,
constitute a hazard to humans or animals, create a public nuisance,
or create any hazard in the receiving waters of the wastewater treatment
works, including but not limited to cyanides in excess of two milligrams
per liter as CN in the wastes as discharged to the public sewer.
(c)
Any herbicides and pesticides.
(d)
Any waters or wastes having a pH lower than 5.5 or having any
other corrosive property capable of causing damage or hazard to structures,
equipment, and personnel of the wastewater facility.
(e)
Solid or viscous substances in quantities or of such size capable
of causing obstruction to the flow in sewers or other interference
with the proper operation of the wastewater facility such as, but
not limited to, ashes, cinders, sand, mud, straw, shavings, metal,
glass, rags, feathers, tar, plastics, wood, unground garbage, whole
blood, paunch manure, hair and fleshings, entrails, and paper dishes,
cups, milk containers, etc., either whole or ground by garbage grinders.
(f)
Any amount of the following heavy metals:
|
Antimony
|
Cobalt
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Selenium
|
|
Arsenic
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Copper
|
Silver
|
|
Barium
|
Iron
|
Strontium
|
|
Beryllium
|
Lead
|
Tellurium
|
|
Bismuth
|
Manganese
|
Tin
|
|
Boron
|
Mercury
|
Uranyl ion
|
|
Cadmium
|
Molybdenum
|
Zinc
|
|
Chromium (hexa)
|
Nickel
| |
|
Chromium (tri)
|
Rhenium
|
(2)
Dilution of toxic materials and heavy metals in lieu of removal is
not acceptable.
D.
Discharges subject to regulation. No person shall discharge or cause
to be discharged the following described substances, materials, waters,
or wastes if it appears likely in the opinion of the Superintendent
that such wastes can harm the wastewater facility or equipment, have
an adverse effect on the receiving stream, or can otherwise endanger
life, limb, public property, or constitute a nuisance. In forming
an opinion as to the acceptability of these wastes, the Superintendent
will give consideration to such factors as the quantities of subject
wastes in relation to flows and velocities in the sewers, materials
of construction of the sewers, nature and capacity of the wastewater
facility, degree of treatability of wastes in the wastewater treatment
works and other pertinent factors. The substances which must be considered
include but are not limited to the following:
(1)
Any liquid or vapor having a temperature higher than 150° F.
(65° C.).
(2)
Any water or waste containing fats, grease, wax, or oils, whether
emulsified or not, in excess of 100 milligrams per liter or containing
substances which may solidify or become viscous at temperature between
32° F. and 150° F. (0° to 65° C.).
(3)
Any garbage that has not been properly shredded. The installation
and operation of any garbage grinder larger than those normally manufactured
and sold for residential and noncommercial use will not be installed
without specific review and approval by the Superintendent.
(4)
Any waters or wastes containing strong acid, iron pickling wastes,
or concentrated plating solutions cannot be discharged to the wastewater
facility unless completely neutralized and approved by the Superintendent
for discharge.
(5)
Any waters or wastes containing reducing substances of an organic
or inorganic nature, toxic or nontoxic, which exert an immediate chlorine
demand shall not be discharged into the wastewater facility if discharge
of such agents will prevent the achievement of an adequate chlorine
residual in the effluent of the wastewater treatment works.
(6)
Any waters or wastes containing phenols or other taste or odor producing
substances cannot be discharged to the wastewater facility in concentrations
exceeding limits established by the Superintendent. Dilution shall
not be used to decrease the concentration.
(7)
Any radioactive wastes or isotopes of such half life or concentrations
as may exceed limits established by the Superintendent in compliance
with applicable state and federal regulations.
(8)
Any waters or wastes having a pH in excess of 9.5.
(9)
Materials which exert or cause:
(a)
Unusual concentrations of inert suspended solids (such as, but
not limited to, fuller's earth, lime residues) or of dissolved solids
(such as, but not limited to, sodium chloride and sodium sulfate).
(b)
Excessive discoloration (such as, but not limited to, animal
blood, dye wastes, and vegetable tanning solutions).
(c)
Unusual chemical oxygen demand or biochemical oxygen demand,
or chlorine requirements in such quantities as to constitute a significant
load on the wastewater treatment works.
(d)
Slugs or shocks constituting an unusual volume of flow or concentration
of wastes which will disturb the normal functioning of the wastewater
facility.
(10)
Waters or wastes containing substances which are not amenable
to treatment or reduction by the wastewater treatment works employed
or are amenable to treatment only to such degree that the effluent
cannot meet the requirements of agencies having jurisdiction over
discharge to the receiving waters.
E.
Superintendent's discretion.
(1)
If any waters or wastes are discharged or are proposed to be discharged to the public sewers, which waters contain the substances or possess the characteristics enumerated in § 380-6D of this article and which, in the judgment of the Superintendent, may have a deleterious effect upon the wastewater facilities or receiving waters or which otherwise create a hazard to life or constitute a public nuisance, the Superintendent may:
(2)
If the Superintendent permits the pretreatment or equalization of
waste flows, the design and installation of the plants and equipment
shall be subject to the review and approval of the Superintendent
and the State of New Mexico and subject to the requirements of all
applicable codes, ordinances, and laws.
F.
Testing industrial waste. Testing an industrial waste will be performed
at least twice a year or whenever found necessary by the Superintendent.
The person discharging the waste shall be liable for payment of all
costs arising from the testing of the industrial waste.
G.
Grease, oil and sand traps. Grease, oil and sand traps shall be provided
when, in the opinion of the Superintendent, they are necessary for
the proper handling of liquid wastes containing grease in excessive
amounts or any flammable wastes, sand, or other harmful ingredients,
except that such traps shall not be required for private living quarters
or dwelling units. All traps shall be of a type and capacity approved
by the Superintendent and shall be located as to be readily and easily
accessible for cleaning and inspection. Grease and oil traps shall
be installed in all new filling stations, garages, restaurants and
other new facilities wherein heavy discharge of grease and oil is
to be expected.
H.
Continuity of precautions. Where preliminary treatment of flow-equalizing
facilities are provided for any industrial liquid wastes, they shall
be maintained continuously in satisfactory and effective operation
by the owner at his expense.
I.
Waste meters; manholes.
(1)
When required by the Superintendent, the owner of any property serviced
by a building sewer carrying industrial liquid wastes shall install
a suitable control manhole together with such necessary meters and
other appurtenances in the building sewer to facilitate observation,
sampling, and measurement of the wastes.
(2)
Such manhole, when required, shall be accessibly and safely located,
constructed in such a manner as to prevent infiltration of groundwaters
and surface waters, and should be constructed in accordance with plans
approved by the Superintendent. The manhole shall be installed by
the owner at his expense and shall be maintained by him so as to be
safe and accessible at all times.
J.
Testing waters and wastes. All measurements, tests, and analyses
of the characteristics of waters and wastes shall be determined in
accordance with the latest edition of "Standard Methods" and shall
be determined at the control manhole provided or upon suitable samples
taken at said manhole. The control manhole shall be located so that
sampling of the industrial waste will be performed before discharge
into the public sewer system.
K.
Sampling and analysis. Sampling shall be carried out by customarily
accepted methods to reflect the effect of constituents upon the wastewater
treatment works and to determine the existence of hazards to life,
limb, and property. (The particular analyses involved will determine
whether a twenty-four-hour composite of all outfalls of a premise
is appropriate or whether a grab sample or samples should be taken.
Normally, but not always, COD, BOD, and settleable solids analyses
are obtained from twenty-four-hour composites of all outfalls whereas
pHs are determined from periodic grab samples.)
A.
Equitable user fees. The governing body of the Town shall take the
necessary steps to establish an equitable system of user fees. The
purpose hereof is that each individual nonindustrial user shall pay
an equitable portion of the Town's cost of constructing the wastewater
facilities plus a portion of the total operation and maintenance costs.
B.
Single-family homes; apartments. For single-family homes and apartments,
the user fees shall be computed as follows:
|
UC1 = A + (K) (V)
|
|
Where:
| |||
|
UC1
|
=
|
monthly user charge fee in dollars per month
| |
|
A
|
=
|
fixed charge made for being connected to the sewer system in
dollars per month whether or not any wastewater is discharged to the
system
| |
|
K
|
=
|
basic charge made per 1,000 gallons of waste discharged in dollars
per month
| |
|
V
|
=
|
volume of waste discharged in thousands of gallons per month
based on average winter water usage; if actual water use measurements
are not available this value will be established by the Town on the
basis of expected water use for the water using facilities and/or
services offered at the building being served
| |
C.
Commercial users. For commercial users, the user fees shall be computed
as follows:
|
UC2 = 2A + (K) (V)
|
|
Where:
| |||
|
A, K and V are as previously defined
| |||
|
UC2
|
=
|
monthly user charge fee in dollars per month
| |
D.
Equitable industrial fees; cost recovery. The governing body of the
Town of Bernalillo shall take necessary steps to establish a rate
schedule for sewer service that assures an equitable system of cost
recovery. The purpose hereof is that the industrial users shall pay
for the total costs incurred in the construction, operation and maintenance
of that portion of the wastewater facilities related to industrial
liquid wastes.
E.
Cost recovery basis. The cost recovery system shall satisfy the following
conditions:
(1)
The apportionment of costs must take into consideration the individual
industrial user's contribution as related to the total plant capacity,
taking into account the volume and strength of all discharges.
(2)
The costs to be considered should include, but are not limited to:
(a)
Amortization of the applicant's indebtedness for the cost of
the treatment facilities (plant and interceptors).
(b)
Recovery of that portion of the grant amount allocable to the
treatment of wastes from industrial users.
(c)
Operation and maintenance of the wastewater treatment and collection
facilities.
(d)
Any additional costs which are necessary to assure adequate
treatment on a continuous basis.
(3)
Substantial prepayment of the capital investment or other financial
commitments will be required from each industry that contributes 30%
or more of the total volume or strength of the waste load to be treated
by the wastewater treatment facilities.
F.
Industrial user charges.
(1)
The industrial user charges shall be computed as follows:
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IC = M + R1 + R2
|
|
Where:
| |||
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IC
|
=
|
industrial charge in dollars per month
| |
|
M
|
=
|
charge for maintenance and operation of the wastewater treatment
and collection facilities in dollars per month
| |
|
R1
|
=
|
charge to recover the capital expenditures by the Town (excluding
state and federal grants) to provide wastewater collection and treatment
facility capacity under Federal Public Law 84-660[1] programs for the industrial waste; includes financing
costs, in dollars per month.
| |
|
R2
|
=
|
charge to recover the Federal Public Law 92-500[2] grant share of the capital expenditures to provide wastewater
collection and treatment facility capacity for the industrial waste;
in dollars per month
| |
(2)
M is the largest value resulting from the application of the three
mathematical relationships that follow:
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M = A + (K) (V)
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[
|
1 +
|
(aSS-5)
5
|
+
|
(bBOD — 200)
200
|
]
|
|
OR
|
|
M = A + (K) (V)
|
[
|
1 +
|
(aSS-5)
5
|
+
|
(bCOD — 400)
400
|
]
|
|
OR
|
|
M = A + (K) (V)
|
|
Where:
| |||
|
A
|
=
|
fixed charge made for being connected to the sewer system in
dollars per month whether or not any wastewater is discharged to the
system
| |
|
K
|
=
|
basic charge made per 1,000 gallons of waste discharged in dollars
per month
| |
|
a
|
=
|
fraction of total operation and maintenance cost attributable
to settleable solids removal, treatment and disposal; a + b = 1
| |
|
b
|
=
|
fraction of total operation and maintenance cost attributable
to BOD or COD removal, treatment and disposal; a + b = 1
| |
|
V
|
=
|
volume of industrial wastewater discharged per month in thousands
of gallons; this value is assumed to be equal to the amount of metered
water use by the industry unless the industry has a private water
supply or a considerable portion of the water used is not discharged
to the sewer in which case the industry must continually measure the
wastewater flow in a manner approved by the Superintendent
| |
|
SS
|
=
|
settleable solids in ml/l
| |
|
BOD
|
=
|
BOD in mg/l
| |
|
COD
|
=
|
COD in mg/l
| |
(3)
R1 shall be computed by whichever of the following
two mathematical relationships gives the larger value:
|
R1 = 1,000
|
V
Q
|
(CST)(TCC)
240
|
+
|
(CSC)(CC)
240
|
|
OR
|
|
R1 = (CST) (IWT)
|
+
|
(CS)(CC)
240
|
|
Where:
| |||
|
R1 and V are as previously defined
| |||
|
Q
|
=
|
flow in gallons per day for which the treatment facilities were
designed
| |
|
TCC
|
=
|
total capital cost for building treatment facilities to which
the industrial waste flows including financing costs
| |
|
CCC
|
=
|
capital cost of collection system improvements or capacity provided
specifically for an industrial waste; includes financing costs
| |
|
CST
|
=
|
the Town's fractional share of the TCC
| |
|
CSC
|
=
|
the Town's fractional share of the capital costs of CCC
| |
|
IWT
|
=
|
the additional capital cost required to provide treatment capacity
and facilities for an industrial waste above the cost of such facilities
for the Town's wastewater without such industrial waste; includes
financing costs
| |
(4)
R2 shall be computed by whichever of the following
two mathematical relationships gives the larger value:
|
R2 = 1,000
|
V
Q
|
(FST)(TC)
240
|
+
|
(FSC)( CC )
240
|
|
OR
|
|
R2 =
|
(FST)(IW)
240
|
+
|
(FSC)(CC)
240
|
|
Where:
| |||
|
R2, V and Q are as previously defined
| |||
|
TC
|
=
|
total capital cost for building treatment facilities to which
the industrial waste flows
| |
|
CC
|
=
|
total capital cost of collection system improvements or capacity
provided specifically for an industrial waste
| |
|
FST
|
=
|
fractional share of TC funded by Federal Public Law 92-500[3] grants
| |
|
FSC
|
=
|
fractional share of CC funded by Federal Public Law 92-500[4] grants
| |
|
IW
|
=
|
the additional capital cost required to provide treatment capacity
and facilities for an industrial waste above the cost of such facilities
for the Town's wastewater without such industrial waste
| |
G.
Disposition of monies. The monies collected under the terms of § 380-7F(4) of this article shall be retained, invested and used in accordance with the requirements of § 35.928-2 of Volume 39, Number 29, Part III of the Federal Register dated Monday, February 11, 1974.
H.
Access to water utility records. For the purpose of assessing equitable
user fees, any person discharging wastes to the sanitary sewers shall
permit access by the Town to water utility records for that person's
property.
A.
Penalty. Every person convicted of a violation of this article shall
be punished by a fine of not more than $300 or by imprisonment for
not more than 90 days, and each day this article is violated shall
constitute a separate offense. The conviction and punishment of any
person for a violation shall not excuse or exempt such person from
the payment of any fee due or unpaid at the time of such conviction
and nothing herein shall prevent a criminal prosecution of any violation
of the provisions of this article.
B.
Lien for fees and charges. All remedies prescribed or liens created
hereunder or under the provisions of the law for collection and enforcement
of the fees shall be cumulative and the use of one or more remedies
by the Town shall not bar the use of any other remedy for the purpose
of enforcing the provisions of this article created by the law. The
fees authorized by this article shall be a lien in favor of the Town
upon the real property served and the personal property of the person
used in connection with the sewer use which gave rise to the fee and
such lien shall be imposed, collected, enforced and paid as provided
by the law.
C.
No exemptions. No property of any persons shall be exempt from levy
and sale on execution issued for the collection of a judgment for
any fee imposed by this article.
[Adopted 1-12-1981 by Ord. No. 66]
This article is called, and may be cited as, the "Sewage Rate
Ordinance of the Town of Bernalillo, New Mexico."
[Amended 1-29-1981 by Ord. No. 69; 10-28-1996 by Ord. No. 152; 11-23-1998 by Ord. No. 163; 12-13-1999 by Ord. No. 169; 5-10-2004 by Ord. No. 186; 7-11-2005 by Ord. No. 210; 8-11-2015 by Ord. No. 289]
A.
Base rates include the first 2,000 gallons per month.
B.
Residential base rate (inside Town limits): $28.
C.
Residential base rate (outside Town limits): $56.
D.
Each additional 1,000 gallons or portions thereof will be assessed
as follows:
|
Gallons
|
Rate
|
|---|---|
|
0 to 1,999
|
$4.00
|
|
2,000 to 5,999
|
$4.15
|
|
6,000 to 7,999
|
$4.50
|
|
8,000 and up
|
$5.00
|
E.
Commercial base rate (inside Town limits): $60.
F.
Commercial base rate (outside Town limits): $120.
G.
Each additional 1,000 gallons or portions thereof will be assessed
at $5 per 1,000 gallons.
[Added 1-29-1981 by Ord. No. 69; amended 11-24-1997 by Ord. No.
159]
There is hereby established, and there shall be maintained,
collected and enforced, a connection fee as set forth in the table
below. Sewer connection fees shall be based on the size of the customer's
water meter.
|
Meter Size
(inches)
|
Connection Fee
|
|---|---|
|
3/4
|
$1,200
|
|
1
|
$2,300
|
|
1 1/2
|
$3,400
|
|
2
|
$6,200
|
|
3
|
$13,000
|
|
4
|
$14,600
|
This article, being necessary for the public health, safety,
convenience and welfare, shall be literally construed to effect its
purpose.
