This Section 9-3 shall be known as the "Sewer Service Ordinance."
The following definitions shall be applicable whenever the defined
term is used in this Section 9-3. "Shall" is mandatory; "may" is permissive.
APPLICANT
Any property owner or agent who has submitted an application
for service.
APPLICATION
The application a customer submits to the Village for service.
An application includes required attachments and supplemental information.
BOD
Five-day biochemical oxygen demand as determined by Standard
Methods.
COD
Chemical oxygen demand as determined by Standard Methods.
CONTROL PANEL
The grinder pumping unit's electrical disconnect panel, alarm
device, and wiring from the control panel to the grinder pumping unit.
DOMESTIC SEWAGE
Wastewater normally generated in, and normally disposed of
in, bathrooms, rest rooms and residential kitchens. Also included
in domestic sewage is wastewater normally generated in cleaning and
maintaining homes and commercial and institutional facilities and
normally disposed of in interior building wastewater drainage systems,
provided such wastewater does not contain any prohibited sewage.
DRAINAGE WATER
Any water draining from roofs, patios, driveways, parking
areas, areas outside buildings or areas flooded by stormwater. Also
included is any groundwater which is pumped by the customer but not
used for normal domestic uses in a building or any groundwater that
may seep into the customer's gravity sewer service line.
EASEMENT
The easement granted by an applicant/customer to the Village
for installation, operation and maintenance of the grinder pumping
unit and pressure service line.
GRAVITY SEWER SERVICE LINE
The customer's gravity sewer service pipe which transmits
the customer's sewage to the grinder pumping unit.
GREASE TRAP
A Utilities-Director-approved, customer-provided and -maintained
device designed to remove grease and oil from the customer's wastewater.
GRINDER PUMPING UNIT
The Village's sewage grinder pumping unit, including grinder
pump(s), tank, control panel and appurtenances.
HEALTH OFFICER
Any person or his authorized representative appointed by
the Village as the Health Officer (or the Utilities Director if a
Village Health Officer has not been appointed) or any New Mexico Environment
Department representative charged with approval or inspection of public
or private sewage facilities.
OCCUPIED
The use and possession of a structure for the purpose for
which it is designed.
OTHER PERMITTED SEWAGE
Wastewater normally generated in commercial or institutional
kitchens, laundries or car washes which has passed through the customer's
grease trap and/or sand trap, provided such wastewater does not contain
any prohibited sewage.
OUT-OF-POCKET COSTS
All direct costs incurred by the Village for a particular
effort, including, but not limited to, materials, contracts, engineering,
legal services, land, easements, salary for Village employees, plus
10% of all of these costs. Salary costs shall include all statutory
and customary benefits and burdens.
PERSON
Individuals, partnerships, corporations, associations, societies,
clubs, churches, institutions and public bodies, and includes both
the masculine and feminine gender.
pH
The logarithm to the base 10 of the reciprocal of the weight
of hydrogen ions in grams per liter in solution.
PRESSURE SERVICE LATERAL
The Village's pressure pipe within the public right-of-way
from the pressure service line at the customer's property line to
the pressure sewer line.
PRESSURE SERVICE LINE
The Village's pressure pipe from the grinder pumping unit
to the pressure sewer line, including associated valves and appurtenances.
PRESSURE SEWER LINE
The Village's pressure sewer collection and transmission
pipelines into which sewage is received from pressure service lateral
and through which sewage is transported to the Village's wastewater
treatment facility. "Pressure sewer line" includes valves and appurtenances
on these lines.
PRIVATE SEWAGE DISPOSAL UNIT
A privately owned sewage disposal facility which meets all
the requirements of the New Mexico Environment Department and serves
a property/facility which is in compliance with the Village's zoning
regulations.
PROHIBITED SEWAGE
Any wastewater containing prohibited substances, or characteristics
prohibited by this Section 9-3.
PROHIBITED SUBSTANCES
Any substance, material, chemical or compound the discharge
of which to the sewer system is prohibited by this Section 9-3, or
any substance, material, chemical or compound in the customer's wastewater
in concentrations greater than those allowed by this Section 9-3.
RESIDENTIAL CUSTOMER
Any customer receiving service for a single-family residence
or single-family dwelling unit with a single kitchen facility which
is receiving water from a Village water meter which only serves that
single-family residence/single-family dwelling unit or from its own
independent water supply.
SAND TRAP
A Utilities-Director-approved, customer-provided and -maintained
device designed to remove sand, grit and mud from the customer's wastewater.
SEPTAGE
Any contents or material from a septic tank, cesspool, leach
field, privy or vault privy.
SERVICE
A customer is connected to the sewer system or a building/property
could be connected to the sewer system.
SEWAGE
All domestic sewage and other permitted sewage.
SEWER SYSTEM
The sewage collection and disposal system owned and operated
by the Village, including grinder pumping units.
SLUG
Any customer discharge of wastewater to the sewer system
which in concentration of any given constituent or in quantity of
flow exceeds for any period of duration longer than 15 minutes five
times the average twenty-four-hour concentration or flow from that
customer.
STANDARD METHODS
The laboratory procedures set forth in the latest edition
of Standard Methods for the Examination of Water and Wastewater, published
jointly by the American Public Works Association, the American Water
Works Association and the Water Environment Federation.
TDS
Total dissolved solids as determined by Standard Methods.
TSS
Total suspended solids as determined by Standard Methods.
UTILITIES DIRECTOR
The individual hired by the governing body to that position.
If an individual has not been, or is not currently hired to the position,
the Clerk/Administrator shall be the Utilities Director. "Utilities
Director" also means his/her agents or designated representatives.
VILLAGE
The New Mexico incorporated municipality of the Village of
Bosque Farms.
The Village shall make and enforce such rules, regulations and
standards as it may deem necessary for the safe, efficient and economical
management of the sewer system. Any construction and connection to
the sewer system shall be in compliance with the requirements and
standards of this Section 9-3 and with the Village's planning and
zoning regulations, which are incorporated into and made part of this
Section 9-3.
An application from an applicant shall be from all applicants.
An application shall include:
A. For all applicants:
(1) Completed application form;
B. For applicants who will be commercial customers:
(1) Other information deemed necessary by the Utilities Director so the
Utilities Director can determine:
(a)
The acceptability of the anticipated sewage.
(b)
The type and number of grinder pumping units required.
(c)
Other requirements for providing service, including, but not
limited to, the need for grease traps and sand traps.
C. For multiple buildings receiving water from a single Village water
meter, the application shall be submitted by the person responsible
for the water service.
D. The Utilities Director may undertake such investigations and require
such information from an applicant about the applicant's facilities
and proposed discharges to the sewer system as the Utilities Director
deems reasonably necessary to:
(1) Verify compliance with this Section 9-3 and Village's standards;
(2) Verify appropriateness of the applicant's requested location for
the grinder pumping unit, control panel and pressure service line;
(3) Verify that any special requirements such as, but not limited to,
grease traps or sand traps are installed by the applicant and are
operational; and
(4) Determine service is available.
[Amended 3-28-2019]
The customer shall continue to be responsible for:
A. Removing and replacing any fencing required to allow the Utilities
Director access for repair or replacement of the grinder pumping unit
or the pressure service line.
B. Restoring landscaping, ground surface material and any other customer-owned
improvements required as a result of the Utilities Director's maintenance,
repair or replacement of the grinder pumping unit or pressure service
line.
C. Preventing damage to the installed grinder pumping unit and pressure
service line, including damage caused by roots from new or existing
vegetation on the property.
D. Providing electricity for the operation of the grinder pumping unit
and maintaining customer-owned wiring up to the control panel.
E. Monitoring the grinder pumping unit's alarm device and notifying
the Village of all alarms.
F. Observing the grinder pumping unit for visible or other noticeable
indications of unit failure, improper operation or damage and notifying
the Village of such indications.
G. Maintaining site grading, drainage and irrigation so surface water
does not accumulate within four feet of the grinder pumping unit.
H. Maintaining landscaping so the control panel and grinder pumping
unit are easily visible and assessable.
I. Complying with this Section 9-3.
These requirements apply to all subdivisions which do not have
final plat approval prior to July 1, 1998.
A. The subdivision plat shall include dedication of an easement for
each lot.
B. The subdivision shall be designed and constructed so the requirements
subsequently given in this Section 9-3 for new buildings can be readily
accomplished.
C. The subdivision developer shall install all pressure sewer lines
and all pressure service laterals within the subdivision required
to serve all lots and dedicate such lines to the Village upon the
Village's acceptance. The installed pressure sewer lines and pressure
service laterals shall include required appurtenances, shall be constructed
in accordance with the Village's standards, shall be constructed in
accordance with engineered construction drawings approved by the Utilities
Director, and shall be subject to the inspection and approval of the
Utilities Director.
D. The subdivision developer shall prepay the Village for 120% of the
estimated out-of-pocket costs the Utility Director estimates the Village
will incur in designing and installing all pressure sewer lines outside
of the subdivision required to serve the subdivision. When installation
of the lines is completed by the Village, the Village will reimburse
the developer for any portion of the prepayment not incurred by the
Village or the developer shall pay the Village for any costs incurred
above the prepayment.
E. The location and size of all pressure sewer lines shall be in accordance
with the Wastewater Master Plan if indicated therein. If the location
and size of the pressure sewer lines is not indicated in the Wastewater
Master Plan, the Utilities Director shall determine the size and location
to serve all future customers that could be served by the lines. The
Utilities Director shall be the final authority in making such determination.
These requirements apply to buildings for which building permits
are not issued prior to July 1, 1998.
A. Buildings shall be designed and constructed so:
(1) The control panel is installed (or can be installed if not installed
prior to building being occupied) within 50 feet of the grinder pumping
unit and so it is visible from the adjacent pressure sewer line to
which the building is (or will be) connected.
(2) The building's gravity service line can be connected to a grinder
pumping unit at an invert elevation so that for:
(a)
A single grinder pumping unit, the gravity service line shall
not be more than 35 inches below the finished ground surface where
the unit will be installed.
(b)
A double grinder pumping unit, the gravity service line shall
not be more than 50 inches below the finished ground surface where
the unit will be installed.
B. On a case-by-case basis, the Utilities Director may modify these
requirements if the application would be impractical for a particular
building. If so modified, the customer shall reimburse the Village
for any additional out-of-pocket costs the Village incurs in allowing
the modification. Such out-of-pocket costs shall include costs associated
with allowing gravity service line depths deeper than indicated above.
The Utilities Director shall be the final authority as to what modification,
if any, to allow.
The Utilities Director shall have the right at any time, without
notice, to shut off any grinder pumping unit and/or any pressure sewer
line for the purpose of necessary repairs. In that event, the Village
shall not be liable for any damages occasioned by the interruption
of sewer service.
[Rates effective 7-1-2023]
A. The monthly sewer use fees shall be as follows:
(1) Residential customers connected to Village water:
(a)
Minimum fee for:
[1]
Single grinder pumping unit: $31.97.
[Amended 7-1-2018; 7-1-2019; 7-1-2020; 7-1-2021; 7-1-2022; 7-1-2023; 7-1-2024]
(b)
Plus commodity fee of:
[1]
Water usage between 5,001 gallons and 10,000 gallons will be
an additional $4 per 1,000 gallons.
[2]
Water usage between 10,001 gallons and 20,000 gallons will be
an additional $6 per 1,000 gallons.
[3]
Water usage between 20,001 gallons and 40,000 gallons will be
an additional $8 per 1,000 gallons.
[4]
Water usage of 40,001 gallons or more will be an additional
$10 per 1,000 gallons.
(2) Residential customers not connected to Village water:
(a)
Minimum fee for:
[1]
Single grinder pumping unit: $48.30.
[Amended 7-1-2018; 7-1-2019; 7-1-2020; 7-1-2021; 7-1-2022; 7-1-2023; 7-1-2024]
(3) Commercial customers connected to Village water or master water meter
customers:
(a)
Minimum fee for:
[1]
Single grinder pumping unit: $31.97.
[Amended 7-1-2018; 7-1-2019; 7-1-2020; 7-1-2021; 7-1-2022; 7-1-2023; 7-1-2024]
[2]
Double grinder pumping unit: $55.89.
[Amended 7-1-2018; 7-1-2019; 7-1-2020; 7-1-2021; 7-1-2022; 7-1-2023; 7-1-2024]
[3]
Specialty grinder pumping unit and use of grinder pump: to be
determined based on type.
(b)
Plus commodity fee of:
[1]
Water usage between 5,001 gallons and 10,000 gallons will be
an additional $4 per 1,000 gallons.
[2]
Water usage between 10,001 gallons and 20,000 gallons will be
an additional $6 per 1,000 gallons.
[3]
Water usage between 20,001 gallons and 40,000 gallons will be
an additional $8 per 1,000 gallons.
[4]
Water usage of 40,001 gallons or more will be an additional
$10 per 1,000 gallons.
(4) Commercial customers not connected to Village water:
(a)
Minimum fee for:
[1]
Single grinder pumping unit: $48.30.
[Amended 7-1-2018; 7-1-2019; 7-1-2020; 7-1-2021; 7-1-2022; 7-1-2023; 7-1-2024]
[2]
Double grinder pumping unit: $55.89.
[Amended 7-1-2018; 7-1-2019; 7-1-2020; 7-1-2021; 7-1-2022; 7-1-2023; 7-1-2024]
[3]
Specialty grinder pumping unit and use of grinder pump: to be
determined based on type.
(5) For commercial customers having more than one grinder pumping unit,
5,000 gallons per grinder pumping unit shall be allowed before a commodity
fee is charged.
(6) If a customer can adequately demonstrate to the Utilities Director's
satisfaction a single high month of water use was the result of a
break in the customer's plumbing system, the Utilities Director may
recommend to the Clerk/Administrator an adjustment to the customer's
sewer bill for that month to reflect the estimated metered water which
could not have entered the sewer system. The Clerk/Administrator shall
be the final authority in determining if such an adjustment is to
be made.
[Amended 4-20-2017]
(7) On July 1 of each year, the minimum monthly fees contained in this
Section 9-3 shall be adjusted automatically to reflect a cost-of-living
increase of 3%.
[Amended 4-17-2014; 4-20-2017; 6-21-2018]
B. Credit card, direct pay and Autopay administrative fees.
(1) When
paying for monthly sewer service fees by use of a credit card or direct
pay through a bank, the Village shall be paid the following administrative
fee for each transaction:
[Amended 6-21-2018]
(a) Visa, Mastercard or Discover: $2.
(2) If
the customer is enrolled in the Autopay feature through Xpress Bill
Pay, no administration fee will be assessed.
C. The monthly sewer use fees shall be billed starting when connection
to the sewer system has been made and/or 90 days from time of installation
of the grinder pumping unit, whichever comes first.
D. The applicable fee shall continue to be due for any installed grinder
pumping unit to which service has been discontinued by the Village
under the provisions of this Section 9-3.
E. Monthly fees and bills shall be determined for a monthly billing
period, not for a calendar month.
F. Monthly fees shall be due without prorating for any portion of a
month or monthly billing period during which service is provided.
G. Monthly bills indicating the amount due may be mailed with, or as
a part of, a customer's water bill. Monthly bills shall be due within
20 days following the date the statement was mailed.
H. New residents whose property is not connected to the Village water
system will be required to fill out an application for a new resident
and place a refundable deposit prior to the change of billing name.
The deposit shall be returned upon notice of sewer disconnection and
full payment of consumer's final sewer bill.
[Added 4-20-2017]
(1) All new accounts must provide a deposit as follows:
(a)
Residential/commercial owners: $25.
(b)
Real estate contracts: $75.
(2) Closing papers, real estate contracts and lease or rental agreements
will need to be presented at the time of application.
The Village may assess special charges to a customer for any
out-of-pocket costs incurred by the Village beyond the normal costs
the Village incurs in providing service to similar customers. Special
charges shall be made for, but are not limited to, these situations:
A. Costs associated with sampling, analyzing and evaluating the customer's
wastewater and the effect of such wastewater on the sewer system when
such wastewater is found to be prohibited sewage and thereafter for
verification of compliance with this Section 9-3 as the Utilities
Director deems appropriate.
B. Costs associated with repairing or replacing components of the sewer
system which are damaged or destroyed by the actions of the customer
or by any of the customer's wastewater discharged to the sewer system.
C. Costs associated with restoring a salvaged grinder pumping unit to
reusable condition or replacing the grinder pumping unit if a unit
is no longer in use due to the customer requiring a larger unit or
requesting a unit be relocated on the served property.
D. Costs associated with more than a single inspection of work performed
or components installed by an applicant's licensed electrician and/or
an applicant's licensed plumber.
E. Costs beyond routine inspections associated with verifying compliance
with the grease trap and sand trap requirements of this Section 9-3.
F. Costs associated with inspection of the pressure sewer lines and
pressure service laterals installed by a subdivision developer.
G. Costs associated with enforcing this Section 9-3.
When the Village is required by this Section 9-3 to notify a
customer or potential customer, such notice shall be deemed to have
been made if the Village:
A. Hand delivers a notice to the customer's served property;
B. Includes a notice with the customer's utility bill mailed to the
customer; or
C. Mails a notice to the customer by first class mail.
The Village may disconnect a customer's water service and/or
disconnect or make inoperable the customer's grinder pumping unit
without notice for any of the following activities by any person:
A. Unauthorized connection to the sewer system.
B. Failure to permit the Utilities Director or Health Officer reasonable
access to a grinder pumping unit, pressure service line, control panel,
grease trap or sand trap.
C. Damage to the grinder pumping unit or to the pressure service line.
D. For customers who purchase water from the Village, allowing any water
not purchased from the Village to enter the sewer system.
E. Use of the service so as to interfere with the quality, safety, continuity
or efficiency of service furnished by the utility.
F. Failure to submit an application for a larger grinder pumping unit
or for additional grinder pumping units prior to 60 days of a change
in use of the served property which would require the installation
of a larger unit or additional units.
G. Failure to submit an application for a larger grinder pumping unit
or for additional grinder pumping units within 60 days of being notified
by the Utilities Director that a larger unit or additional units is/are
required by this Section 9-3; also, failure to install and connect
to such larger unit or additional units within 60 days of date of
application for such unit(s).
H. Willful or continued violation of any portion of this Section 9-3.
Any person violating any provision of this Section 9-3 shall
be deemed guilty of a misdemeanor, and on conviction thereof shall
be fined a sum not to exceed $500 or imprisonment not to exceed 90
days. In addition to such penalties, the Village Attorney shall have
the authority to apply to the District Court for the purpose of obtaining
an order restraining any person from violating any of the provisions
of this Section 9-3.
Any charge by this Section 9-3 shall be payable either by the
customer or by the occupant of the served property to which service
is furnished. In addition to any other remedy which may be authorized
by this Section 9-3, the Village shall have a lien upon the tract
of land being served by the system for delinquent charges. The lien
shall be imposed and enforced in the manner provided in NMSA 1978,
§§ 3-35-1 through 3-35-5. Exceptions to this section
are provided in NMSA 1978, § 3-23-6C.