The following words, terms and phrases, when used in this Part 2, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:
The American Society for Testing Materials.
The quantity of oxygen utilized in the biochemical oxidation
of organic matter by Standard Methods procedure in five days at 20°C.
expressed in milligrams per liter (mg/l).
A wastewater line that receives wastewater from a relatively
small area and discharges into a main wastewater lines serving more
than one branch wastewater line.
That part of the lowest horizontal piping of a drainage system
which receives the discharge from soil, waste, and other drainage
pipes inside the walls of the building and conveys it to the building
wastewater lines, beginning five feet outside the inner face of the
building wall.
The building official or other authorized person charged
with permitting the construction and development of buildings and/or
other structures within the City of Española.
A saddle or Y connection to lateral or branch wastewater
lines for the connection of a building lateral.
Asystem of pipelines connecting a building's water service
system. The building water lines begin at the water meter and extend
on throughout the building itself.
A gravity-flow pipeline connecting a building wastewater
collection system to a lateral or branch wastewater line. The building
wastewater line may begin at the outside of the building's foundation
wall or some distance (such as two to 10 feet) from the wall, upon
approval from the Wastewater Resources Manager and the Planning and
Zoning Department.
All of the wastewater drainage pipes and their hardware that
connect plumbing fixtures inside or adjacent to a building to the
sanitary wastewater lines. This includes traps, vents and cleanouts.
Small offices and businesses with 15 or fewer employees,
such as law firms, realtors, architects, doctor/dentist offices, surveyors,
insurance agencies, abstract offices, gift shops, curio shops, clothing
shops, galleries, bookstores, gas stations, variety stores, grocery
stores, and liquor stores.
Food and/or beverage establishments, theaters, businesses
with more than 15 employees, bed-and-breakfasts, condominiums, and
townhomes.
Apartments, laundromats, car washes, hotels, motels, schools,
and government buildings/offices.
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.
The person charged with the official duties of enforcing
all noncriminal codes within the City of Española, including
but not limited to this chapter, Utilities, and its amendments.
A wastewater line receiving both surface runoff and sewage.
There shall be three modes of enforcement: payment of administrative
fees; discontinuance of water service; and prosecution of petty misdemeanors
through the Municipal Court.
Solid wastes from the domestic and commercial preparation,
cooking and dispensing of food, and from the handling, storage, and
sale of produce.
A substance that is considered to be the residues of fats,
detergents, waxes, free fatty acids, calcium and magnesium soaps,
mineral oils and certain other nonfatty materials which tend to separate
from water and coagulate as floatable scum.
A receptacle designed to collect and retain grease and fatty
substances usually found in kitchens or from similar wastes. It is
installed in the drainage system between the kitchen or other point
of production of the waste and the building wastewater collection
line.
Any person or his authorized representative so appointed
by the City or any state 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.
Right of entry and exit by the City onto private property
for the purpose of installation and City-owned infrastructure.
Any condition or combination of conditions which causes degradation
of the operational efficiency of a wastewater facility.
An additional meter installed primarily for irrigation or
other outdoor uses such as, but not limited to, pool or spa filling
or vehicle washing.
Any utility under the direct control of the City of Española
for the use by the citizens of the City of Española.
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 City.
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.
Paved or unpaved streets, alleys, drainage or other private
easements and lined or unlined drainage channels which comprise or
impact the local or municipal storm drainage system.
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 wastewater lines, with no particle greater than 1/2 inch in
any dimension.
Water and/or wastewater lines in which all owners of abutting
properties shall have equal rights or access and is controlled by
public authority.
Paved or unpaved streets, alleys, drainage, or other public
easements and lined and unlined drainage channels which comprise the
municipal storm drainage system.
The owner, manager, supervisor, or person in charge of the
property, facility or operation during the period of time the violations
are observed.
Wastewater lines that carry water and water-carried wastes
from residences, commercial buildings, industrial plants and institutions
to treatment or disposal facilities.
Those solids, which settle during a preselected period time,
expressed as milliliters per liter of sample.
Any discharge of water, sewage, or industrial waste which
in concentration of any given constituent or in quantity or flow exceeds
for any periods of duration longer than 15 minutes more than five
times the average twenty-four-hour concentration of 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, American Water
Wastewater Association and the New Mexico Public Works Council.
A wastewater line that carries storm water and surface water,
street wash and other wash waters or drainage, but excludes domestic
wastewater and industrial wastes. Also called "storm drain."
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.
Any water or waste containing none of the following: 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 and water-carried solids from homes that flow
in wastewater lines to a treatment plant.
The structures, equipment and processes required to collect,
transport and treat wastewater and dispose of the effluent.
Pipes or conduits to carry wastewater or sludge.
The director of the Wastewater Department of the City or
his authorized representative.
An arrangement of devices and structures for treating wastewater
and sludge; sometimes 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.
The owner, agent in charge or occupant of any building or lot
adjoining a street or alley where municipal infrastructure is laid
or whose legal property line is within 300 feet of existing municipal
infrastructure and within the jurisdiction of the City of Española
shall install proper plumbing as required, inspected and approved
by the Public Works Director of the City and shall connect with such
plumbing to the municipal infrastructure.
State law reference: municipal authority to require wastewater
lines connection, NMSA 1978 § 3-26-3.
After determination that a property is within the three-hundred-foot limit stated in § 300-27, the owner, agent, person in charge or the occupant shall be sent a notice by the City Code Enforcement advising them of such requirement to connect to municipal infrastructure. Such notice shall be sent via certified mail, return receipt requested, to the last known mailing address of each of the parties concerned.
State law reference: similar provisions, NMSA 1978 § 3-18-22.
If, after 60 days upon receipt of the notice referred to in § 300-28, the owner, agent, or person in charge shall fail or refuse to make the connection, installation or construction, the City shall have the right to impose a fine of $500 per § 300-101. This right shall include the right of ingress and egress to inspect if such work is being performed by the owner or responsible party.
State law reference: similar provisions, NMSA 1978 § 3-18-22.
A.
No person shall tie into, make installation with or in any way connect
to municipal infrastructure lines of the City without first paying
the connection charges as required in this Part 2 and obtaining the
required connection permit from the City Planning and Zoning Department.
B.
Permits shall be issued in the name of the owner of the property
which is to be connected, but no person shall tie into, make installation
with or in any way connect to any municipal infrastructure line of
the City.
All applications for the use of municipal infrastructure service
connections shall be submitted to the Utility Billing Division of
the City of Española. The owner, or his designated agent, of
the property to be benefited shall submit such application.
The City shall decide to approve or deny the application for
municipal water/wastewater services within 30 days of submission of
such application.
A.
Generally. Any applicant whose application for municipal infrastructure
service connections has been denied shall be entitled to a hearing
before the City Manager as specified in this section.
B.
Procedure. Any applicant who wishes to have a hearing following denial
of municipal infrastructure services shall submit a request for a
hearing, in writing, to the City Manager within 10 working days of
receipt of the decision denying such application. The request shall
state the reasons it is believed the denial is unwarranted.
C.
The City Manager shall hold a hearing within 10 working days after
receipt of the request. The City Manager shall provide the applicant
notice of the time and place of the hearing at least five working
days before such hearing. Notices shall be in writing and shall be
delivered via registered or certified mail and addressed to the applicant
at the address indicated in the application. A separate letter also
delivered via registered or certified mail shall be sent to the legal
property owner, if different from the applicant. The City Manager
shall render his decision, in writing, within five working days of
the hearing to the applicant and property owner, if necessary.
D.
Further appeal to the City Council. The decision of the City Manager
to deny municipal infrastructure to the applicant may be appealed
to the City Council. To initiate an appeal before the City Council,
the applicant must submit a written appeal delivered to the City Clerk
within 15 working days from the date of the City Manager's notice
of denial.
E.
City Council public hearing. The City Council shall hold a public
hearing on the appeal within 30 days from receipt of the request for
further appeal. Notice of public hearing shall be given to the applicant
and legal owner at least 15 days prior to such hearing. The City Council
shall review the City Manager's written justification for denying
the approval and render its decision at the conclusion of the public
hearing. A written decision of such action shall be prepared and mailed
to the applicant and legal property owner via certified or registered
mail. In the event the property owner or his legal designee is not
present, the hearing will be tabled and the City Manager's decision
will be upheld.
The City Council may refuse or suspend the furnishing of municipal
water and wastewater connections. Notice of the time and place of
such hearing shall be published at least 15 days prior to the date
of the hearing.
