This chapter shall be known and may be cited
as the "Doña Ana County Amended Wastewater Ordinance."
This chapter is adopted in accordance with the
authority granted by NMSA §§ 4-36-10, 4-37-1, 3-18-22
and 3-26-1 et seq., and by County Resolution Nos. 95-38, 96-36 and
97-27. The County is the designated management agency as defined by
the United States Environmental Protection Agency and the New Mexico
Environment Department.
This chapter applies to all service areas within
the unincorporated area of the County to be served by the County's
wastewater utility, as designated and established by this chapter
and by subsequent ordinances or resolutions.
The following words, terms, and phrases, when
used in this chapter, shall have the meanings ascribed to them in
this section, except where the context clearly indicates a different
meaning:
The Federal Water Pollution Control Act, also known as the
"Clean Water Act," as amended, 33 U.S.C. 1251 et seq.
A person who applies for County water service.
The quantity of oxygen utilized in the biochemical oxidation
of organic matter within five days at 20° C., expressed in terms
of concentration [milligrams per liter (mg/l)] as determined by analytical
procedures in 40 CFR 136.
Caused by vacuum conditions in the County water system when
normal flow is reversed, allowing possible polluted water or liquids
to enter the County water supply system.
A device approved by the Utilities Director which prevents
possible backflow from system customers.
The Doña Ana County Board of County Commissioners.
Any regulation containing pollutant discharge limits promulgated by the EPA in accordance with Sections 307(b) and (c) of the Act (33 U.S.C. 1317) which apply to a specific category of users and which appear in 40 CFR Chapter 1, Subchapter N, Parts 405 through 471.
Code of Federal Regulations.
A measure of the oxygen-consuming capacity of organic and
inorganic matter present in wastewater as milligrams per liter (mg/l),
as determined by analytical procedures in 40 CFR 136.
Doña Ana County.
The person designated by the County as its Manager or Acting
Manager to supervise the administration of the County's duties, including
the operation of the publicly owned wastewater system, and who is
charged with certain duties and responsibilities by this chapter,
or his duly authorized representative or designee.
Property owned by or maintained by the County, including,
but not limited to, streets, highways, alleys, planes, sidewalks,
plazas, parks, easements, curbs, and drainageways, which constitute
County rights-of-way.
A wastewater system owned, established or authorized by the
County and constructed within a community or region in the unincorporated
area of the County. "County system" includes wastewater collection
lines, lift stations, and any other facilities of collection and conveyance
but, according to the circumstances of a particular community or area,
may or may not include a treatment facility.
Any owner or user of a building or facility who or which
produces wastewater that is discharged to the County system and/or
is responsible for payment for wastewater services.
The entity which operates, maintains and manages the wastewater
system and which may be the County, another municipality or a private
entity which by contract or other similar agreement performs those
duties.
The release, from any vehicle, container, wastewater line,
or structure, of any waste governed by this chapter.
An intentional cessation of service by the County which was
not requested by a customer.
A registered professional engineer currently licensed by
the State of New Mexico as a civil or environmental engineer.
The United States Environmental Protection Agency or, where
appropriate, may also be used as a designation for the administrator
or other duly authorized official of that agency.
A bill for utility service which is not based on an actual
reading of the customer's meter, or other measuring device, for the
period billed.
Include, but are not limited to, plants, works, systems,
improvements and equipment of the County such as valves, conduits,
pipes, collection lines, force mains, lift stations, and sludge mixing
and hauling equipment.
The discharge or the introduction of any treated or untreated
wastewater or other pollutants from any source into the County system.
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 resources, or any
mixture of these with water or domestic sewage as distinct from normal
domestic wastewater.
The wastewater system owned, established, or authorized by
a municipality and to which, for the purposes of this chapter, a County
system may be connected for the treatment of wastewater.
The State of New Mexico Environment Department, or, where
appropriate, the term may also be used as a designation for the director
or other duly authorized official of that department.
Any waterborne wastes normally discharging from the sanitary
conveniences of buildings (including apartment houses, motels, and
hotels), office buildings, factories, and institutions, free from
storm surface water and industrial wastes. Normal domestic wastewater
for purposes of this chapter does not contain COD or BOD and TSS in
excess of the following concentrations:
|
Parameter
|
Concentration Limit
(mg/l)
| |
|---|---|---|
|
COD
|
500
| |
|
BOD
|
250
| |
|
TSS
|
330
|
Any individual, estate, trust, utility, receiver, association,
cooperative, club, public or private corporation, company, firm, partnership,
joint venture, syndicate, federal, state or local governmental body
or any other entity.
Any dredged spoil, solid waste, incinerator residue, wastewater,
garbage, wastewater sludge, munitions, chemical wastes, biological
materials, radioactive materials, heat, wrecked or discarded equipment,
rock, sand, cellar dirt and industrial, municipal, and agricultural
waste discharged into water.
The man-made or man-induced alteration of the chemical, physical,
biological, and radiological integrity of water.
The reduction of the amount of pollutants, the elimination
of pollutants, or the alteration of the nature of pollutant properties
in wastewater to a less harmful state prior to or in lieu of discharging
or otherwise introducing such pollutants into a County system. The
reduction or alteration can be obtained by physical, chemical or biological
processes, process changes or by other means, except as prohibited
by 40 CFR 403.6(d).
A description of the charges, conditions of services and
other similar information associated with the provision of wastewater
service to a given class or type of customer.
The mailing or personal delivery of a bill by the County.
A rule, regulation or other decision adopted and enacted
by the Board, under the authority of this chapter, for the purpose
of carrying out the policies, terms and conditions of this chapter.
The area of land within the unincorporated area of the County
that the County from time to time designates as the service area to
be provided wastewater service by the County Wastewater Utility.
The pipe connection from the County system to the facility
or unit producing wastewater.
A service provided to a customer by the County, which may
not be included in a rate schedule.
Facilities which carry storm- and surface waters and drainage,
but excludes wastewater and industrial wastes.
Any flow occurring during or following any form of natural
precipitation and resulting therefrom.
The total suspended matter that floats on the surface of
or is suspended in water, wastewater or other liquids and which is
removable by laboratory filtering as determined by standard method
procedures.
A device of retaining sand, silt, grit, mineral materials,
petroleum solvent, grease or oil by gravity differential separation
from wastewater and of a design and capacity approved by the County.
A customer or other person who connects to the County wastewater
system.
The person designated by the County to administer this chapter
and the resolutions adopted, enacted and promulgated thereunder.
A utility service, including water, wastewater, electric,
and/or gas services.
Any waterborne industrial or domestic wastes from dwellings,
commercial buildings, industrial facilities, and institutions, whether
treated or untreated, which is contributed into or permitted to enter
the County system.
The individual chemical, physical, bacteriological and radiological
parameters, including volume and flow rate and such other parameters
that serve to define, classify or measure the contents, quality, quantity
and strength of wastewater.
A permit authorizing a user to discharge prohibited pollutants
into the County system, provided that the user fulfills all of the
reporting requirements of the permit and discharge pollutants at concentrations
no greater than are listed in the permit.
A.
The County wastewater system will serve the unincorporated
areas of the County except those areas where a lawfully established
wastewater system exists and is presently operating in its lawful
service area.
B.
From time to time the County will designate as County
wastewater service areas those geographical areas where the County
has in place water system infrastructure capable of serving existing
and new development or has the ability to expand its wastewater system
to provide service to new development in the area, pursuant to this
chapter and its rules and regulations, within a reasonable time.
C.
The County hereby identifies and designates the following
areas as County wastewater service areas:
|
Exhibit 1
|
Northern Region:
|
Salem/Ogaz Area
| |
|
Rincon Area
| |||
|
Exhibit 2
|
Las Cruces Region
|
Doña Ana Village Area
| |
|
Exhibit 3
|
South Central Region:
|
La Mesa/San Miguel Area
| |
|
Vado/Del Cerro Area
| |||
|
Berino Area (Including Montana Vista and Las
Palmeras)
| |||
|
Chamberino Area
| |||
|
Exhibit 4
|
Southern Region:
|
Santa Teresa — Border Area
| |
|
La Union Area
| |||
|
Exhibit 5
|
Chaparral Region:
|
Chaparral Area
|
D.
The wastewater service area maps are attached hereto
as Exhibits 1 through 5, which are incorporated herein and made a
part hereof.[1] These designated service areas and/or maps may be changed
by the County by subsequent ordinance or resolution, as the need requires,
consistent with expansions or other modifications of the County's
wastewater system as a result of new construction, operations, contracts,
public or private development or plans therefor.
[1]
Editor's Note: Exhibits 1 through 5 are on file in the Doña
Ana County Utilities Department offices.
E.
Dispute mediation.
(1)
If a lawfully established wastewater system ("competing
system") believes that the County, in designating a geographical area
as an area to which the County will provide service, is or will be
intruding upon that competing system's lawful service area, it may
seek to attempt to resolve the service area dispute with the County
by nonbinding mediation prior to filing any litigation against the
County over the dispute. The filing of a mediation request and the
mediation procedures shall be in accordance with the New Mexico Public
Works Mediation Act (NMSA §§ 13-4C-1 through 13-4C-11).
(2)
Nothing in this section requires the competing system
to seek mediation as a precondition to filing any litigation. The
County shall offer the nonbinding mediation process to the competing
system prior to the County's filing of litigation against the competing
system over a service area dispute.
(3)
Though the mediation is nonbinding, both the County
and the competing system shall mediate in good faith in an attempt
to resolve the dispute.
When, as set forth in §§ 319-3 and 319-5 above, it has been determined by the Board of County Commissioners that a particular County system or service area shall be subject to this chapter, the following provisions apply:
A.
Except as herein provided for in § 319-7, Mandatory connection exceptions, it shall be mandatory for owners of buildings and facilities which produce wastewater and are located within 300 feet of a wastewater line to connect to the County system.
B.
Upon completion, acquisition or authorization of a
new County wastewater system, owners of buildings and facilities shall
connect to the system within six months. The six-month period begins
with a public notice/notice of availability from the County announcing
that the system is completed or acquired and ready for service connections.
C.
Connections to the County system shall be completed
in a manner and with such materials as are prescribed by the County
wastewater rules and regulations and County wastewater construction
standards.
D.
Each building or customer shall have a separate service
connection unless specifically exempted by the County.
E.
The applicant for wastewater connection shall notify
the County when the applicant's building is ready for inspection and
connection to the County wastewater system. After obtaining an approved
user agreement, the connection shall be completed under the supervision
of the County's representative or designee.
F.
No person, other than employees of the County, its
designated operator, or authorized contractors, shall be authorized
to connect, turn on, turn off, or disconnect any community service
or remove, replace or repair any equipment connected to any such service.
A.
Any building which meets the following County criteria
may be exempt from mandatory connection to a County system upon application
for exemption and approval by the County:
(1)
Any building located farther than 300 feet from a
connection with the County system.
(2)
Access to the County system is not available due to
insufficient grade or right-of-way limitation. If a property is located
near a sewer line but cannot flow by gravity into the sewer line,
the property owner, at his or her expense, may be required to install
a grinder pump system.
(3)
An officially declared moratorium to new connections
to the system.
(4)
A claim for exemption based upon a clearly demonstrated
hardship, which must be of such exceptional circumstances that no
alternative is available. This exemption may include a recent installation
of a septic system on a property; such an exemption, however, will
not be automatic and will be for only a period of time as determined
by the County.
B.
All buildings declared exempt from connecting to a
County wastewater system must have an approved on-site wastewater
disposal system, which is in compliance with applicable local, state
and federal regulations.
The Board of County Commissioners shall have
the authority to set or to modify by subsequent resolution, rule,
regulation, or ordinance such standards, specifications and policies,
additional service areas, rates, expansion, line extension and line
sizes and other charges, conditions of service and/or other matters
as may be deemed necessary, or deemed in the County's best interests,
for the establishment, construction, expansion and maintenance and
operation of the County wastewater systems. Attached hereto and titled
"Doña Ana County Wastewater Rules and Regulations" is the present
set of such rules and regulations, which are incorporated herein and
made a part of this chapter and shall be effective with the effective
date of this chapter.[2]
A.
Any service furnished as a result of this chapter
shall be in accordance with and in compliance with all applicable
technical provisions of County, state and federal laws, rules and
regulations, as well as this chapter.
B.
Where the wastewater system is connected to a municipal
water and sanitation district, or other system not owned by the County,
any service will additionally be in accord with and will comply with
the applicable municipal codes, ordinances and regulations of that
municipality, the water and sanitation district, or other system.
A.
The rates and charges for the use of the County wastewater
system and services furnished are fixed as set forth in the rate schedules,
attached hereto.[1] The rates and charges shall be sufficient to provide for
the cost of service, capital improvement and debt service of the County
system. In addition, the Board may assess, by subsequent ordinance
or resolution, a surcharge to said utility rates to provide for repairs,
replacement and/or expansions to any County system.
B.
All customers of the County system shall pay all user
rates, fees, and other charges as set by the Board in the manner established
by the County.
C.
Fees, charges and user rates may be different depending
on the type of use, i.e., residential, commercial, industrial or institutional,
and/or by region served.
D.
The rates and charges fixed herein may be changed
or modified by the Board by subsequent ordinance or resolution, as
the need requires or deemed in the County's best interests.
A.
In the event of nonpayment of fees, charges and/or
rates by a customer, the County may exercise any one or a combination
of the following provisions:
(1)
Bring suit to collect payment;
(2)
Disconnect the wastewater utility service and water
service if provided by the County;
(3)
File a utility lien on the serviced property;
(4)
Enforce the lien as provided for in NMSA §§ 3-36-1
through 3-36-7; and/or
(5)
Upon agreement with the water utility company serving
the area, have the customer's water service disconnected by the water
utility company.
B.
In any legal action instituted by the County provided
for above, the County, if it prevails, shall be entitled to recover
reasonable attorney fees and costs of the lawsuit.
Utility billing and collection under the authority
of this chapter will be performed by the County or its designated
agent.
Utility operations and maintenance under the
authority of this chapter will be performed by the County or its designated
agent.
[Amended 9-27-2011 by Ord. No. 235-2011]
This chapter shall be administered by the Utilities
Director subject to the supervision and direction of the County Manager
and Board approvals; and enforced by the County Utilities Director
and his or her department with the assistance of Codes Enforcement
and/or the Sheriff's Department. Applications for service or questions
concerning service should be directed to the Utilities Department.
It shall be a violation of this chapter for
a customer or any other person to neglect, fail or refuse to comply
with or resist the enforcement of any provision of this chapter or
resolution enacted thereunder pursuant to NMSA § 4-37-3.
A.
B.
Each day that such violations exist shall constitute
a separate offense.
C.
In addition, the County may, in its sole discretion, exercise its authority under NMSA § 3-18-22 to make the property owner's wastewater connection requirements to the County's wastewater line and to seek reimbursement or, as provided by law, bring suit to restrain, enjoin or otherwise prevent the violation of this chapter or compel compliance with this chapter and/or seek enforcement pursuant to § 319-11 of this chapter.
The Board expressly reserves the option, right
and duty to adopt from time to time, in addition to the provisions
herein contained, such resolutions and other ordinances as the Board
may deem reasonably necessary in the exercise of its police power
for the protection of the health, safety and welfare of its citizens
and their properties.
All notices required to be delivered to the
County pursuant to this chapter shall be sent, certified mail, to
the following:
|
County Manager
Doña Ana County
845 North Motel Boulevard
Las Cruces, NM 88007
|
and
|
County Utilities Director
Doña Ana County
845 North Motel Boulevard
Las Cruces, NM 88007
|
In the event the terms and/or the conditions
of this chapter conflict with those found in any other County or local
ordinance or state or federal statute or regulation, the more stringent
terms and/or conditions shall apply.
Any waiver by the County of a violation by a
person of any term or condition of this chapter shall not be deemed
or considered as a continuing waiver and shall not operate to bar
or prevent the County from enforcing any succeeding violation either
of the same term or condition or another. All remedies afforded in
this chapter shall be taken and construed as cumulative, that is,
in addition to every other remedy provided herein or by law.
