This chapter may be cited as the “Sewer Use and User Charge
Chapter of the County Utilities Department” and may be referred
to herein as “this chapter.”
(Ordinance 1998-16 adopted 12/18/98)
(A) The
purpose of this chapter is to set uniform requirements for the users
of the county’s wastewater collection system and treatment works;
to enable the county to comply with applicable federal, state and
local laws and the regulations; to provide for the public health and
welfare; to protect the county’s economic interests in the publicly
owned treatment works (POTW) and its treatment byproducts; and to
otherwise ensure protection of public health, public resources and
environment by regulating the quality and quantity of wastewater discharged
into the wastewater collection system and treatment works.
(B)
(1) This
chapter provides a means for determining wastewater volumes, constituents
and characteristics and permit issuance to certain users.
(2) This
chapter hereby establishes effluent limitations and other discharge
criteria and provides that certain users shall prevent the introduction
of pollutants into the POTW which may potentially interfere with the
operation of the POTW or contaminate the sewage sludge and shall also
prevent the introduction of pollutants into the POTW which may pass
through the treatment works into the receiving waters or may otherwise
be incompatible with the treatment works.
(3) This
chapter is also designed to improve opportunities to protect the county’s
options to beneficially reuse, market, reclaim or dispose of treatment
byproducts and to improve the county’s ability to minimize the
quantity of a user’s discharge.
(Ordinance 1998-16 adopted 12/18/98)
The county’s sewer service area is defined to coincide
with sustainable development area 1 as indicted on the sustainable
land development code official map series map 6 – county water
and sewer utilities, as such may be amended from time to time.
(Ordinance 2014-11 adopted 11/25/14)
Violation of any local, state or federal regulation or law which
affects the functioning of the county POTW or the county’s beneficial
use of the byproducts of its wastewater treatment shall be considered
a violation of this chapter.
(Ordinance 1998-16 adopted 12/18/98)
(A) BOD:
Biochemical oxygen demand.
(B) CFR:
Code of Federal Regulations.
(C) COD:
Chemical oxygen demand.
(D) CWA:
Clean Water Act of 1977, 33 USC, sections 1251 et seq. (P.L. 95-217
et seq.).
(E) EPA:
United States Environmental Protection Agency.
(H) LEL:
Lower explosive limit.
(I) MGD:
Million gallons per day.
(K) mg/l:
Milligrams per liter.
(L) NPDES:
National Pollutant Discharge Elimination System.
(M) O&M:
Operation and maintenance
(N) POTW:
Publicly owned treatment works.
(O) RCRA:
Resource Conservation and Recovery Act.
(P) SIC:
Standard industrial classification.
(Q) SWDA:
Solid Waste Disposal Act, 42 USC, section 6901 et seq.
(R) TSS:
Total suspended solids.
(T) WPCA:
Federal Water Pollution Control Act, 33 USC, section 1251 et seq.
(P.L. 92-500.).
(U) UPC:
Uniform Plumbing Code.
(Ordinance 1998-16 adopted 12/18/98)
For the purpose of this chapter, the following definitions shall
apply unless the context clearly indicates or requires a different
meaning.
Acceptance.
(1)
The final written approval by the county of the construction
of sanitary sewers and acceptance of the sewers for public maintenance.
(2)
Letters indicating acceptance shall not be issued unless adequate
evidence has been provided to the county that the sanitary sewer was
built in accordance with plans, specifications and applicable standards.
(3)
Upon issuance of a letter of acceptance, funds or financial
guarantees retained by the county to ensure proper completion of the
sewer may be released.
Accessible to county sanitary sewer system.
A property:
(1)
Which abuts or is within 200 feet of the county sewer system
or is within 200 feet of the boundaries of a public street or sanitary
sewer utility easement which contains the county sanitary sewer system;
and
(2)
Which may physically connect to the county sewer by means of
either a gravity or pressure sewer line.
Act or the act.
The Federal Water Pollution Act, also known as the Clean
Water Act, as amended, 33 USC, section 1251 et seq.
ALARA or as low as reasonably achievable.
The requirement that an industrial user make every reasonable
effort to maintain quantity of discharge and the amounts and toxicity
of pollutants in discharge as far below the regulatory limits as is
practical, consistent with the purpose for which the permit is issued,
taking into account the state of technology, the economics of improvements
in relation to state of technology, the economics of improvements
in relation to benefits to the public health and safety, the limited
resources available and the public interest in protecting the county’s
options for the beneficial reuse, marketing, reclamation or disposal
of the waste treatment byproducts as well as other societal and socioeconomic
considerations.
Authorized representative of the industrial user.
One of the following:
(1)
If the industrial user is a corporation:
(a)
The president, secretary, treasurer or a vice-president of the
corporation in charge of a principal function or any other person
who performs similar policy or decision-making functions for the corporation.
(b)
The manager of one or more manufacturing, production or operation
facilities employing more than 250 persons or having gross annual
sales or expenditures exceeding $25 million, if authority to sign
documents has been assigned or delegated to the manager in accordance
with corporate procedures. The manager may designate another authorized
representative if:
1.
The authorization is in writing;
2.
The authorization specifies the individual or position responsible
for the overall operation of the facility from which the discharge
originates or has overall responsibility for environmental matters
for the company; and
3.
The authorization is submitted to the county utilities department.
(2)
If the industrial user is a partnership, association, sole proprietorship
or a general partner or the proprietor.
(3)
If the industrial user is a federal, state or local government
or an agent thereof, a director or highest official appointed or designated
to oversee the operation and performance of the activities of the
government facility.
Base period.
The consecutive calendar month of metered water use which
is the basis for monthly sewer service charges.
Biochemical oxygen demand or BOD.
The quantity of oxygen utilized in the biochemical oxidation
of organic matter reserved under standard laboratory procedure, for
five days at 20°C, expressed in terms of weight and concentration
(mg/l).
Chemical oxygen demand or COD.
A measure of the oxygen consuming capacity of organic and
inorganic matter present in wastewater expressed as milligrams per
liter (mg/l) and measured under standard laboratory procedures. COD
is used as a measure of the wastewater strength.
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, which intervals are based on
either an increment of flow or time.
Control manhole.
A manhole installed to allow access to the wastewater discharge
of a facility for purposes of sample collection and flow measurement.
The manhole shall be constructed in a manner and in a location as
may be required by the county.
Control sanitary clean-out.
A device installed to allow access to the wastewater discharge
of a facility for purposes of sample collection. This will normally
be a tee of an appropriate size inserted into the sanitary sewer service
line and constructed in a manner and in a location as may be required
by the county.
Cooling water.
The water discharged from any use such as air conditioning,
cooling or refrigeration, or to which the only pollutant added is
heat.
Department.
The county utilities department or its director or the director’s
designated representative.
Developer.
A private individual, corporation or public entity that invests
capital in the development of real estate.
Dilution.
The additional use of potable water for the purposes of reducing
the concentration of pollutants in the wastewater before discharging
to the POTW. The normal use of potable water for sanitary facilities
and food preparation shall not be considered dilution.
Director.
The director of the county utilities department.
Discharge.
The introduction into the POTW of a pollutant or wastewater,
treated or untreated. The term includes the introduction of either
a single pollutant or of multiple pollutants.
Discharge permit.
A permit issued by the state environment department or the
USEPA national pollution discharge eliminate system permit applicable
to the county POTW in question.
Domestic sewage or wastewater.
Liquid waste which contains constituents and has characteristics
similar to that from a residential connection and which for the purpose
of this chapter does not contain COD or BOD and TSS in excess of the
following concentrations:
Existing source.
Any source of discharge, the construction or operation of
which commenced prior to the publication of proposed categorical pretreatment
standards under section 307(b) and (c), 33 USC, section 1317, of the
act and which will be applicable to the source if the standard is
thereafter promulgated in accordance with section 307 of the act.
Fixture unit equivalent or FUE.
The measure of the wastewater load produced by a plumbing
fixture, as described in section 402 of the Uniform Plumbing Code.
Governing body.
The board of county commissioners meeting in a session which
has been duly called in accordance with the State Open Meetings Act.
Grab sample.
A sample taken from a waste stream on a one-time basis without
regard to volume of flow of the waste stream or the time of day of
the sampling and which sample is taken over a period of time not to
exceed 15 minutes.
Gray water.
A liquid waste that is discharged from any fixture, appliance
or appurtenance of a residential plumbing system which does not include
fecal matter.
Grease trap.
A floatation chamber used to remove grease or oil from wastewater
prior to discharge to the public sewer system.
Half-life.
The amount of time in which half the atoms of a radioactive
substance will have disintegrated.
Holding tank waste.
Any waste derived from holding tanks associated with, but
not limited to vessels, chemical toilets, campers, trailers, septic
tanks and vacuum pump tank trucks.
Industrial user.
Any person who is a source of nondomestic wastewater discharge.
Industrial wastewater.
Wastewater originating from sources other than domestic or
which exhibit characteristics other than domestic wastewater.
Interceptor pipe.
A sanitary sewer system with flows exceeding two mgd or with
a diameter of ten inches or larger.
Interference.
A discharge or a permit violation which:
(1)
May cause or may contribute to the disruption of the processes
or operations of the POTW treatment plant or with the county’s
beneficial reuse, marketing, reclamation or disposal of waste treatment
byproducts; or
(2)
Violates the county’s discharge permit or any pertinent
federal, state or local regulations or permits.
Lot or legal lot.
A real estate parcel which has been created, defined or acknowledged
by means of the land subdivision authorities of the county.
Manfold connection.
One service connection to the POTW which is shared by more
than one legal lot.
May.
The act referred to is permissive.
Medical waste.
Wastes including, but not limited to isolation wastes, infectious
agents, human blood and blood byproducts pathological wastes, needles,
syringes, scalpels or other sharp implements, body parts, fetal tissue,
fomites, etiological agents, contaminated laboratory wastes and dialysis
wastes.
Noncontact cooling water.
Water used for cooling which does not come into direct contact
with any raw material, intermediate produce, waste product or finished
product.
Nonresidential connection.
A connection to the POTW whose assumed wastewater flow is
based, for the purpose of sewer service rates, on metered water use
for a base period consisting of the most recent March through November
period preceding the fiscal year of fee assessment and for which water
use records are available unless direct metering of discharge volume
is available.
Owner.
A person who has legal control over property.
Person.
(1)
Any individual, partnership, limited partnership, firm, company,
corporation, association, joint stock company, trust, estate, governmental
entity or any other legal entity or their legal representatives, agents
or assigns.
(2)
This definition includes all federal, state or local governmental
entities.
pH.
The negative logarithm, to base ten, of the concentration
of hydrogen ions in a solution. This is a measure of the acidity or
alkalinity of a solution.
Pollutant.
A manmade or man-induced waste whose discharge into a water
stream causes alteration of the chemical, physical, biological or
radiological integrity of the water.
Pretreatment.
(1)
A process used to reduce the quantity of a user’s wastewater
discharge or the amount of pollutants, eliminate pollutants or the
alter the nature of pollutant properties in wastewater thereby rendering
them less harmful to the POTW process prior to discharge into the
POTW.
(2)
This reduction or alteration can be obtained by physical, chemical
or biological processes, by process changes or by other means, except
by diluting the concentration of the pollutants as prohibited by 40
CFR 403.6(d).
Pretreatment requirement.
Any substantive or procedural requirement imposed on an industrial
user which is related to pretreatment of wastewater discharges into
the POTW, other than a national pretreatment standard.
Pretreatment standard.
(1)
Any regulation containing pollutant discharge limits promulgated
by EPA in accordance with section 307(b) and (c) of the act, which
applies to industrial users.
(2)
This term includes prohibitive discharge limits established
pursuant to 40 CFR 403.5.
Private server.
(1)
A sanitary sewer which is privately constructed and privately
maintained by the owner or resident and which is constructed in accordance
with state and county standards and to which individual structures
may be connected.
(2)
This definition does not include plumbing installations regulated
by the UPC.
Process wastewater.
(1)
Wastewater produced as a product or byproduct of an industrial
or regulated process.
(2)
The wastewater normally would not reflect characteristics of
typical domestic wastewater.
Public sewer.
A sanitary sewer that is owned, controlled and maintained
by the county.
Publicly owned treatment works or POTW.
County-owned or operated treatment works including any sewers
that convey wastewater to the POTW treatment plant, but excluding
pipes, sewers or other conveyances not connected to the POTW treatment
works.
Receiving stream or waters of the United States.
All streams, lakes, ponds, marshes, watercourses, arroyos,
waterways, wells, springs, reservoirs, aquifers, irrigation systems
and drainage systems, surface or underground, natural or artificial,
public or private, which are contained within, flow through or border
upon the United States or any portion thereof.
Residential connection.
(1)
A connection to the POTW whose assumed wastewater flow is based,
for the purpose of sewer service rates, on metered water use for the
most recent December through February period preceding the fiscal
year of fee assessment.
(2)
A residential connection shall include single-family and multi-family
apartments and mobile home parks.
Residential development.
A residential district created by subdivision or condominium
development wherein the proprietary interest in each single-family
dwelling is held in fee simple, condominium or cooperative ownership,
which has been approved by the county.
Sanitary sewer.
Any system of pipes or conduits used to convey wastewater
from its point of origin to a treatment facility.
Sanitary sewer design standards.
The criteria, standards and regulations related to the design
of public sanitary sewer systems, which are hereinafter referred to
as appendix B to this chapter.
Sanitary sewer rate, fee and penalty schedule.
The information regarding sanitary sewer rates, fees and penalties including formulas and procedures used to arrive at the rates, fees and penalty figures assessed by the county, hereinafter referred to as appendix
A to this chapter.
Sanitary sewer service line.
The length of gravity flow or low pressure flow pipe extending
from the public sanitary sewer to the private property line or to
the edge of the right-of-way or sanitary sewer easement, the purpose
of which line is to connect the plumbing of any structure to the public
sanitary sewer.
Septage.
The mixture of domestic sludge and wastewater removed during
the pumping of a septic tank, cesspool or other wastewater holding
or on-site treatment facilities. Sand, grit and grease from traps
or industrial waste from holding tanks are not considered septage.
Septic tank.
A watertight receptacle which receives the discharge of a
sewage system or part thereof designed and constructed so as to retain
solids, digest organic matter through a period of detention and allow
the liquids to discharge into the soil outside of the tank through
a system of open joint piping or a seepage pit meeting the requirements
of the Uniform Plumbing Code and the regulations of the state.
Sewage sludge or wastewater sludge.
(1)
A solid, semi-solid or liquid residue generated during the treatment
of domestic sewage in a treatment works.
(2)
Sewage sludge includes, but is not limited to scum or solids
removed in primary, secondary or advanced wastewater treatment processes
and a material derived from sewage sludge.
(3)
Sewage sludge does not include ash generated during the firing
of sewage sludge in a sewage sludge incinerator or grit and screenings
generated during preliminary treatment of domestic sewage in a treatment
works.
Shall.
The act referred to is mandatory.
Significant industrial user.
(1)
Industrial users subject to categorical pretreatment standards;
and
(2)
Any other industrial user that:
(a)
Discharges an average of 5,000 gpd or more of process wastewater;
(b)
Contributes a process wastestream which makes up to 5% or more
of the average dry weather hydraulic or organic capacity of the treatment
plant; or
(c)
Is designated as significant by the county on the basis that
the industrial user has a reasonable potential to cause interference.
Sludge.
The solids separated from liquids during processing pretreatment
of industrial wastes, with or without the addition of chemical agents.
Slug load.
Any release of a discharge at a flow rate or concentration
which will cause a violation of this chapter; any discharge of a nonroutine,
episodic nature, including, but not limited to an accidental spill
or a noncustomary batch discharge.
Solubility.
The maximum amount of the solute (substance) that will be
dissolved in a definite amount of solvent (water at 25°C and a
pH of seven) and produce a stable system.
Standard details.
(1)
The standard detail sheets issued by the county utility department.
(2)
The sheets contain detailed standardized technical references
and drawings with specifications for sanitary sewer construction for
the county’s sanitary sewer system.
Standard industrial classification code or SIC.
A classification pursuant to the most recent standard industrial
classification manual issued by the Executive Office of the President
of the United States Office of Management and Budget.
Standard methods.
The most recent edition of the reference book Standard Methods
for Examination of Water and Wastewater, issued by American Public
Health Association.
State.
The State of New Mexico.
Stormwater.
Any flow occurring during or following any form of natural
precipitation and resulting therefrom, including rainfall and snowmelts.
Total suspended solids.
(1)
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.
(2)
Total suspended solids shall be determined in accordance with
Standard Methods for the Examination of Water and Wastewater, as determined
by the department.
Total toxic organic or TTO.
(1)
The sum of concentrations of the organic compounds from a priority
pollutant scan.
(2)
Categorical standards list any toxic organic compounds that
are to be included in the summation of TTO for a specific category
in the respective 40 CFR.
Toxic pollutant.
Any pollutant or combination of pollutants listed as toxic
in regulations promulgated by the Environmental Protection Agency
under the provision of section 307, 33 USC, section 1317, of the act
and any subsequent amendments, or other pollutants or combination
of pollutants which may result in interference of the POTW, or otherwise
listed by the department.
Treatment plant.
The portion of the POTW designed to provide treatment of
wastewater.
User or customer.
Any person who contributes, causes or allows the contribution
of sewage or industrial wastewater into the POTW.
Wastewater or sewage.
The liquid and water-carried wastes or sewage from residential
dwellings, commercial buildings, industrial and manufacturing facilities
and institutions, whether treated or untreated, which is released
to the POTW.
Water service.
Arrangement in which potable water is piped to a property
from the public supply.
(Ordinance 1998-16 adopted 12/18/98)