A.
This chapter sets forth uniform requirements for users of the publicly
owned treatment works (POTW) for the City of Las Vegas and enables
the City of Las Vegas to comply with all applicable state and federal
laws, including the Clean Water Act (33 U.S.C. § 1251 et
seq.), the general pretreatment regulations found in the U.S. Code
of Federal Regulations (CFR), 40 CFR Part 403. The objectives of this
chapter are:
(1)
To prevent the introduction of pollutants into the POTW that will
interfere with the operation of the POTW;
(2)
To prevent the introduction of pollutants into the POTW which will
pass through the POTW, inadequately treated, into receiving waters
or otherwise be incompatible with the POTW;
(3)
To ensure that the quality of the wastewater treatment plant sludge
is maintained at a level which allows its use and disposal in compliance
with applicable statutes and regulations found in 40 CFR Part 503;
(4)
To protect POTW personnel who may be affected by wastewater and sludge
in the course of their employment and to protect the general public;
(5)
To improve the opportunity to recycle and reclaim wastewater and
sludge from the POTW;
(6)
To provide for fees for the equitable distribution of the cost of
operation, maintenance and improvement of the POTW; and
(7)
To enable the City of Las Vegas to comply with its National Pollution
Discharge Elimination System Permit (NPDES) conditions, sludge use
and disposal permit conditions and any other federal or state laws
to which the POTW is subject.
B.
This chapter shall apply to all users of the POTW. This chapter authorizes
issuance of wastewater discharge permits; authorizes monitoring, compliance
and enforcement activities; establishes administrative review procedures;
requires industrial user reporting; and provides for the setting of
fees for the equitable distribution of costs resulting from the program
established herein.
Except as otherwise provided herein, the Wastewater Supervisor
shall administer, implement, and enforce the provisions of this chapter.
Any powers granted to or duties imposed upon the Wastewater Supervisor
may be delegated by the Wastewater Supervisor to other personnel.
A.
ACT
APPROVAL AUTHORITY
AUTHORIZED REPRESENTATIVE OF THE INDUSTRIAL USER or AUTHORIZED
REPRESENTATIVE
(1)
(a)
(b)
(2)
(3)
(4)
AVERAGE MONTHLY DISCHARGE LIMIT
AVERAGE WEEKLY DISCHARGE LIMIT
BEST MANAGEMENT PRACTICES (BMP)
BIOCHEMICAL OXYGEN DEMAND (BOD)
BUILDING OR LATERAL SEWER
CATEGORICAL PRETREATMENT STANDARD or CATEGORICAL STANDARD
CHEMICAL OXYGEN DEMAND (COD)
CHLORINE DEMAND
CITY
COLOR
COMPOSITE SAMPLE
CONTROL AUTHORITY
DAILY MAXIMUM
DAILY MAXIMUM LIMIT
DISCHARGE MONITORING REPORT (DMR)
EFFLUENT LIMITATION
ENVIRONMENTAL PROTECTION AGENCY or EPA
EXISTING SOURCE
GOVERNING AGENCY
GRAB SAMPLE
INDIRECT DISCHARGE (DISCHARGE)
INDUSTRIAL USER (USER)
INSTANTANEOUS LIMIT
INSTANTANEOUS MAXIMUM ALLOWABLE DISCHARGE LIMIT
INTERFERENCE
(1)
(2)
LOCAL LIMIT
MEDICAL WASTE
MONTHLY AVERAGE
MONTHLY AVERAGE LIMIT
NEW SOURCE
(1)
(a)
(b)
(c)
(2)
(3)
(a)
(b)
(c)
NONCONTACT COOLING WATER
PASS-THROUGH
PERSON
pH
POLLUTANT
PRETREATMENT
PRETREATMENT REQUIREMENTS
PRETREATMENT STANDARDS or STANDARDS
PROHIBITED DISCHARGE STANDARDS or PROHIBITED DISCHARGES
PUBLICLY OWNED TREATMENT WORKS (POTW)
SEPTIC TANK WASTE
SEWAGE
SIGNIFICANT INDUSTRIAL USER
(1)
(2)
(a)
(b)
(c)
SLUG LOAD/DISCHARGE
STANDARD INDUSTRIAL CLASSIFICATION (SIC) CODE
STORMWATER
SUPERVISOR
TOTAL SUSPENDED SOLIDS (TSS)
TOXIC POLLUTANT
TREATMENT PLANT EFFLUENT
WASTEWATER
WASTEWATER SYSTEM OPERATIONS SUPERVISOR
WASTEWATER TREATMENT PLANT or TREATMENT PLANT
Unless a provision explicitly states otherwise, the following terms
and phrases, as used in this chapter, shall have the meanings hereinafter
designated.
The Federal Water Pollution Control Act, also know as the
Clean Water Act, as amended, 33 U.S.C. § 1251 et seq.
The Director of Environmental Protection which has an approved
federal pretreatment program, or his designee.
If the industrial user is a corporation, "authorized representative"
shall mean:
The president, secretary, treasurer, or a vice president of
the corporation in charge of a principal business function, or any
other person who performs similar policy or decisionmaking functions
for the corporation;
The manager of one or more manufacturing, production, or operation
facilities employing more that 250 persons or having gross annual
sales or expenditures exceeding $25,000,000 (in second-quarter 1980
dollars), if authority to sign documents has been assigned or delegated
to the manager in accordance with corporate procedures;
If the industrial user is a partnership or sole proprietorship,
an "authorized representative" shall mean a general partner or proprietor,
respectively;
If the industrial user is a federal, state or local governmental
facility, an "authorized representative" shall mean a director or
highest official appointed or designated to oversee the operation
and performance of the activities of the government facility, or his/her
designee;
The individuals described in Subsections (1) through (3) above may designate another authorized representative if the authorization is in writing, the authorization specifies the individual or position responsible for the overall operation of the facility from which the discharge originates or having overall responsibility for environmental matters for the company, and the written authorization is submitted to the City of Las Vegas.
The highest allowable average of daily discharges over a
calendar month, calculated as the sum of all daily discharge measured
during a calendar month divided by the number of daily discharge measured
during the month.
The highest allowable average of daily discharges over a
calendar week, calculated as the sum of all daily discharge measured
during a calendar week divided by the number of daily discharges measured
during that week.
Schedules of activities, prohibitions of practices, maintenance procedures, and other management practices to implement the prohibitions listed in § 435-5A(1) through (18). BMPs include treatment requirements, operating procedures, and practices to control plant site runoff, spillage or leakage, sludge or waste disposal, or drainage from raw materials storage.
The quantity of oxygen utilized in the biochemical oxidation
of organic matter under standard laboratory procedure, five days at
20° C. expressed in terms of mass and concentration milligrams
per liter (mg/l). This test must be performed in accordance with approved
procedures found in 40 CFR Part 136.
A sewer conveying the wastewater of a user from a building
or other structure to a POTW sewer, including direct connections to
a POTW sewer where permitted by the POTW. A lateral sewer is a building
sewer.
Any regulation containing pollutant discharge limits promulgated
by the U.S. EPA in accordance with Sections 307(b) and (c) of the
Act (33 U.S.C. § 1317) which apply to a specific category
of industrial users and which appear in 40 CFR Chapter I, Subchapter
N, Parts 405 through 471.
A measure of the oxygen required to oxidize all compounds,
both organic and inorganic, in water.
The amount of chlorine required to produce a free chlorine
residual of 0.1 mg/l at the end of the contact period on a sample,
in conformance with the procedures described in Standard Methods.
The City of Las Vegas.
The optical density at the visual wavelength of maximum absorption,
relative to distilled water. One-hundred-percent transmittance is
equivalent to zero optical density.
The sample resulting from the combination of individual wastewater
samples taken at selected intervals based on an increment of either
flow or time, to minimize the effect or the variability of the individual
samples. This sampling should be in accordance with 40 CFR Part 403,
Appendix E, Subpart I, Composite Method.
The City of Las Vegas.
The arithmetic average of all effluent samples for a pollutant
collected during a calendar day.
The maximum allowable discharge limit of pollutant during
a calendar day. Where daily maximum limits are expressed in units
of mass, the daily discharge is the total mass discharged over the
course of the day. Where daily maximum limits are expressed in terms
of a concentration, the daily discharge is the arithmetic average
of measurement of the pollutant concentration derived from all.
Form for reporting or self-monitoring results.
Any restriction established by the Administrator on quantities,
rates, and concentrations of chemical, physical, biological and other
constituents which are discharged from point sources, other than new
sources, into navigable waters.
The U.S. Environmental Protection Agency or, where appropriate,
the term may also be used as a designation for the Regional Water
Management Division Director or other duly authorized official of
said agency.
Any source of discharge, the construction or operation of
which commenced prior to the publication of proposed categorical pretreatment
standards which will be applicable to such source if the standard
is thereafter promulgated in accordance with Section 307 of the Act.
City of Las Vegas, NM.
A sample which is taken from a waste stream on a one-time
basis, over 15 minutes or less, without regard to the flow in the
waste stream and without consideration of time. This sampling should
be in accordance with 40 CFR Part 403, Appendix E, Subpart II, Grab
Method.
The introduction of pollutants into the POTW from any nondomestic
source regulated by the NPDES program and/or the U.S. Water Quality
Act Section 307(b), (c), and (d).
A source of indirect discharge.
A maximum concentration of a pollutant allowed to be discharged
at any time, determined from the analysis of any discrete or composited
sample collected, independent of the industrial flow rate and the
duration of the sampling event.
The maximum concentration (or loading) of a pollutant allowed
to be discharged at any time, determined from the analysis of any
grab or composite sample collected.
A discharge which, alone or in conjunction with a discharge
or discharges from other sources both:
Inhibits or disrupts the POTW; and
Causes a violation of the City of Las Vegas' NPDES permit
or prevents sewage sludge use or disposal in compliance with any of
the following statutory/state or local regulations): Section 405 of
the Clean Water Act; the Solid Waste Disposal Act (SWDA), including
Title II commonly referred to as the "Resource Conservation and Recovery
Act" (RCRA); 40 CFR Part 503, governing the use and disposal of sewage
sludge; the Clean Air Act; the Toxic Substances Control Act; and the
Marine Protection, Research and Sanctuaries Act.
Specific discharge limits developed and enforced by the City
of Las Vegas upon industrial or commercial facilities to implement
the general and specific discharge prohibitions listed in 40 CFR 403.5(a)(1)
and (b).
Isolation wastes, infectious agents, human blood and blood
by-products, pathological wastes, sharps, body parts, fomites, etiologic
agents, contaminated bedding, surgical wastes, potentially contaminated
laboratory wastes and dialysis wastes.
The sum of all daily discharges measured during a calendar
month divided by the number of daily discharges measured during the
month.
The highest allowable average of daily discharges over a
calendar month, calculated as the sum of all daily discharges measured
during a calendar month divided by the number of daily discharges
measured during that month.
Any building, structure, facility or installation from which
there is or may be a discharge of pollutants, the construction of
which commenced after the publication of proposed pretreatment standards
under Section 307(c) of the Act which will be applicable to such source
if such standards are thereafter promulgated in accordance with that
section, provided that:
The building, structure, facility or installation is constructed
at a site at which no other source is located; or
The building, structure, facility or installation totally replaces
the process or production equipment that causes the discharge of pollutants
at an existing source; or
The production or wastewater generating processes of the building,
structure, facility or installation are substantially independent
of an existing source at the same site. In determining whether these
are substantially independent, factors, such as the extent to which
the new facility is integrated with the existing plant, and the extent
to which the new facility is engaged in the same general type of activity
as the existing source, should be considered.
Construction on a site at which an existing source is located results in a modification rather than a new source if the construction does not create a new building, structure, facility or installation meeting the criteria of Subsection (1)(b) or (c) above but otherwise alters, replaces, or adds to existing process or production equipment.
Construction of a new source as defined has commenced if the
owner or operator has begun or caused to begin as part of a continuous
on-site construction program:
Any placement, assembly, or installation of facilities or equipment;
or
Significant site preparation work, including clearing, excavation,
or removal of existing buildings, structures, or facilities which
is necessary for the placement, assembly, or installation of new source
facilities or equipment; or
Entered into a binding contractual obligation for the purchase
of facilities or equipment which are intended to be used in its operation
within a reasonable time. Options to purchase or contracts which can
be terminated or modified without substantial loss and contracts for
feasibility, engineering, and design studies do not constitute a contractual
obligation under this subsection.
Water used for cooling which does not come into direct contact
with any raw material, intermediate product, waste product, or finished
product.
A discharge which exits the POTW into waters of the state
in quantities or concentrations which, alone or in conjunction with
a discharge or discharges from other sources, is a cause of a violation
of any requirement of the NPDES permit (including an increase in the
magnitude or duration of a violation).
Any individual, partnership, copartnership, firm, company,
corporation, association, joint stock company, trust, estate, governmental
entity or any other legal entity, or their legal representatives,
agents or assigns. This definition includes all federal, state or
local governmental entities.
A measure of the acidity or alkalinity of a substance, expressed
in standard units.
Any dredged spoil, solid waste, incinerator residue, sewage,
garbage, sewage sludge, munitions, medical wastes, chemical wastes,
industrial wastes, biological materials, radioactive materials, heat,
wrecked or discharged equipment, rock, sand, cellar dirt, agricultural
and industrial wastes, and the characteristics of the wastewater (i.e.,
pH, temperature, TSS, turbidity, color, BOD, chemical oxygen demand,
toxicity, odor).
The reduction of the amount of pollutants, the elimination
of pollutants, or the alteration of the nature of pollutant properties
in wastewater prior to or in lieu of introducing such pollutants into
the POTW. The reduction or alteration may be obtained by physical,
chemical or biological processes, process changes, or any other means,
except as prohibited by 40 CFR 403.6(d). Appropriate pretreatment
technology includes control equipment, such as equalization tanks
or facilities, for protection against slug loading that might interfere
with or otherwise be incompatible with the POTW. However, where wastewater
from a regulated process is mixed in an equalization facility with
unregulated wastewater or with wastewater from another regulated process,
the effluent from the equalization facility must meet an adjusted
pretreatment limit calculated in accordance with 40 CFR 403.6(e).
Any substantive or procedural requirement related to pretreatment
imposed on an industrial user, other than a national pretreatment
standard.
Categorical pretreatment standards and local limits established
by the City of Las Vegas.
Absolute prohibitions against the discharge of certain substances or wastewater characteristics; these prohibitions appear in § 435-5 of this chapter.
A treatment works which is owned by the state, a municipality,
or other political subdivision of the state. This definition includes
any devices or systems used in the collection, storage, treatment,
recycling and reclamation of municipal/domestic sewage or industrial
wastes of a liquid nature discharged into the stated system. Also
included are any conveyances, such as pipelines, conduits or channels
which convey wastewater to a treatment plant. The term also means
the municipal entity having jurisdiction over the indirect dischargers
to such a system and the discharges from the treatment works.
Any sewage from holding tanks such as vessels, chemical toilets,
campers, trailers, and septic tanks.
Human excrement and gray water (household showers, dish washing
operations, etc.)
Shall apply to:
Industrial users subject to categorical pretreatment standards
under 40 CFR 403.6 and 40 CFR 405 through 471; and
Any other industrial user that:
Discharges an average of 25,000 gpd or more of process wastewater
(excludes sanitary, noncontact cooling and boiler blow-down wastewater;
Contributes a process waste stream which makes up 5% or more
of the average dry weather hydraulic or organic capacity of the treatment
plant; or
Is designated as significant by the City of Las Vegas on the
basis that the industrial user has a reasonable potential for adversely
affecting the POTW's operation or for violating any pretreatment
standard or requirement.
Any discharge at a flow rate or concentration which could cause a violation of the prohibited discharge standards in Article II of this chapter or any discharge of a nonroutine, episodic nature, including but not limited to an accidental spill or a noncustomary batch discharge.
A classification pursuant to the Standard Industrial Classification
Manual issued by the U.S. Office of Management and Budget.
Any flow which occurs during or following any form of natural
precipitation and results from such an event, including snow melt.
Wastewater System Operations Supervisor.
The total suspended matter that floats on the surface of
or is suspended in water, wastewater, or other liquid, and which is
removable by laboratory filtering.
One of 126 pollutants, or combination of those pollutants,
listed as toxic in regulations promulgated by the EPA under the provision
of Section 307 (33 U.S.C. § 1317) of the Act.
Any discharge from the POTW into waters of the State of New
Mexico.
Liquid and water-carried industrial wastes, and sewage from
residential dwellings, commercial buildings, industrial and manufacturing
facilities, and institutions, whether treated or untreated, which
are contributed to the POTW.
The person designated by the City of Las Vegas to supervise
the operation of the POTW, and who is charged with certain duties
and responsibilities by this chapter or his duly authorized representative.
That portion of the POTW designed to provide treatment, including
recycling and reclamation of sewage and industrial waste.
B.
Shall is mandatory; may is permissive or discretionary. The use of
the singular shall be construed to include the plural and the plural
shall include the singular as indicated by the context of its use.
The following abbreviations shall have the designated meanings.
Some of the abbreviations are included in the definition section but
are repeated here for the sake of clarity.
|
BOD5
|
Biochemical oxygen demand
|
|
BMP
|
Best management practice
|
|
BMR
|
Baseline monitoring report
|
|
CFR
|
Code of Federal Regulations
|
|
CIU
|
Categorical industrial user
|
|
COD
|
Chemical oxygen demand
|
|
EPA
|
U.S. Environmental Protection Agency
|
|
gpd
|
Gallons per day
|
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IU
|
Industrial user
|
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L
|
Liter
|
|
mg
|
Milligrams
|
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mg/l
|
Milligrams per liter
|
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NSCIU
|
Nonsignificant categorical industrial user
|
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NPDES
|
National Pollutant Discharge Elimination System
|
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O&M
|
Operation and maintenance
|
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POTW
|
Publicly owned treatment works
|
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RCRA
|
Resource Conservation and Recovery Act
|
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SIU
|
Significant industrial user
|
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SIC
|
Standard industrial classification
|
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SNC
|
Significant noncompliance
|
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SWDA
|
Solid Waste Disposal Act (42 U.S.C. § 6901 et seq.)
|
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TSS
|
Total suspended solids
|
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U.S.C.
|
United States Code
|
