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. 
Unless a provision explicitly states otherwise, the following terms and phrases, as used in this chapter, shall have the meanings hereinafter designated.
ACT
The Federal Water Pollution Control Act, also know as the Clean Water Act, as amended, 33 U.S.C. § 1251 et seq.
APPROVAL AUTHORITY
The Director of Environmental Protection which has an approved federal pretreatment program, or his designee.
AUTHORIZED REPRESENTATIVE OF THE INDUSTRIAL USER or AUTHORIZED REPRESENTATIVE
(1) 
If the industrial user is a corporation, "authorized representative" shall mean:
(a) 
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;
(b) 
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;
(2) 
If the industrial user is a partnership or sole proprietorship, an "authorized representative" shall mean a general partner or proprietor, respectively;
(3) 
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;
(4) 
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.
AVERAGE MONTHLY DISCHARGE LIMIT
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.
AVERAGE WEEKLY DISCHARGE LIMIT
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.
BEST MANAGEMENT PRACTICES (BMP)
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.
BIOCHEMICAL OXYGEN DEMAND (BOD)
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.
BUILDING OR LATERAL SEWER
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.
CATEGORICAL PRETREATMENT STANDARD or CATEGORICAL STANDARD
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.
CHEMICAL OXYGEN DEMAND (COD)
A measure of the oxygen required to oxidize all compounds, both organic and inorganic, in water.
CHLORINE DEMAND
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.
CITY
The City of Las Vegas.
COLOR
The optical density at the visual wavelength of maximum absorption, relative to distilled water. One-hundred-percent transmittance is equivalent to zero optical density.
COMPOSITE SAMPLE
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.
CONTROL AUTHORITY
The City of Las Vegas.
DAILY MAXIMUM
The arithmetic average of all effluent samples for a pollutant collected during a calendar day.
DAILY MAXIMUM LIMIT
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.
DISCHARGE MONITORING REPORT (DMR)
Form for reporting or self-monitoring results.
EFFLUENT LIMITATION
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.
ENVIRONMENTAL PROTECTION AGENCY or EPA
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.
EXISTING SOURCE
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.
GOVERNING AGENCY
City of Las Vegas, NM.
GRAB SAMPLE
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.
INDIRECT DISCHARGE (DISCHARGE)
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).
INDUSTRIAL USER (USER)
A source of indirect discharge.
INSTANTANEOUS LIMIT
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.
INSTANTANEOUS MAXIMUM ALLOWABLE DISCHARGE LIMIT
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.
INTERFERENCE
A discharge which, alone or in conjunction with a discharge or discharges from other sources both:
(1) 
Inhibits or disrupts the POTW; and
(2) 
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.
LOCAL LIMIT
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).
MEDICAL WASTE
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.
MONTHLY AVERAGE
The sum of all daily discharges measured during a calendar month divided by the number of daily discharges measured during the month.
MONTHLY AVERAGE LIMIT
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.
NEW SOURCE
(1) 
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:
(a) 
The building, structure, facility or installation is constructed at a site at which no other source is located; or
(b) 
The building, structure, facility or installation totally replaces the process or production equipment that causes the discharge of pollutants at an existing source; or
(c) 
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.
(2) 
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.
(3) 
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:
(a) 
Any placement, assembly, or installation of facilities or equipment; or
(b) 
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
(c) 
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.
NONCONTACT COOLING WATER
Water used for cooling which does not come into direct contact with any raw material, intermediate product, waste product, or finished product.
PASS-THROUGH
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).
PERSON
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.
pH
A measure of the acidity or alkalinity of a substance, expressed in standard units.
POLLUTANT
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).
PRETREATMENT
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).
PRETREATMENT REQUIREMENTS
Any substantive or procedural requirement related to pretreatment imposed on an industrial user, other than a national pretreatment standard.
PRETREATMENT STANDARDS or STANDARDS
Categorical pretreatment standards and local limits established by the City of Las Vegas.
PROHIBITED DISCHARGE STANDARDS or PROHIBITED DISCHARGES
Absolute prohibitions against the discharge of certain substances or wastewater characteristics; these prohibitions appear in § 435-5 of this chapter.
PUBLICLY OWNED TREATMENT WORKS (POTW)
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.
SEPTIC TANK WASTE
Any sewage from holding tanks such as vessels, chemical toilets, campers, trailers, and septic tanks.
SEWAGE
Human excrement and gray water (household showers, dish washing operations, etc.)
SIGNIFICANT INDUSTRIAL USER
Shall apply to:
(1) 
Industrial users subject to categorical pretreatment standards under 40 CFR 403.6 and 40 CFR 405 through 471; and
(2) 
Any other industrial user that:
(a) 
Discharges an average of 25,000 gpd or more of process wastewater (excludes sanitary, noncontact cooling and boiler blow-down wastewater;
(b) 
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
(c) 
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.
SLUG LOAD/DISCHARGE
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.
STANDARD INDUSTRIAL CLASSIFICATION (SIC) CODE
A classification pursuant to the Standard Industrial Classification Manual issued by the U.S. Office of Management and Budget.
STORMWATER
Any flow which occurs during or following any form of natural precipitation and results from such an event, including snow melt.
SUPERVISOR
Wastewater System Operations Supervisor.
TOTAL SUSPENDED SOLIDS (TSS)
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.
TOXIC POLLUTANT
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.
TREATMENT PLANT EFFLUENT
Any discharge from the POTW into waters of the State of New Mexico.
WASTEWATER
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.
WASTEWATER SYSTEM OPERATIONS SUPERVISOR
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.
WASTEWATER TREATMENT PLANT or TREATMENT PLANT
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
IU
Industrial user
L
Liter
mg
Milligrams
mg/l
Milligrams per liter
NSCIU
Nonsignificant categorical industrial user
NPDES
National Pollutant Discharge Elimination System
O&M
Operation and maintenance
POTW
Publicly owned treatment works
RCRA
Resource Conservation and Recovery Act
SIU
Significant industrial user
SIC
Standard industrial classification
SNC
Significant noncompliance
SWDA
Solid Waste Disposal Act (42 U.S.C. § 6901 et seq.)
TSS
Total suspended solids
U.S.C.
United States Code