A.
The following rules and regulations apply in the unincorporated
areas of the County wherever the County is furnishing wastewater service
to its inhabitants with its County wastewater utility.
B.
These rules and regulations are enacted by the County
pursuant to its authority granted by NMSA §§ 4-36-10,
4-37-1, and 3-26-1 et seq., and by County Resolution Nos. 95-38, 96-36
and 97-27.
C.
These rules and regulations are intended to promote
safe and adequate service to the public and to provide standards for
uniform and reasonable practices. The rules and regulations herein
established shall remain in effect until amended or superseded by
subsequent ordinance or resolution.
D.
Doña Ana County does not assume any responsibility
to serve or extend its wastewater facilities to serve additional customers
located outside the service area boundaries as defined by the County.
Wastewater service for residential, commercial,
industrial, institutional and other purposes will be furnished under
conditions as stated in these rules and regulations. Service to a
customer will be provided at the rates set forth in the applicable
rate schedules.[1]
A.
Residential service.
(1)
Residential service shall include wastewater service
to a single house or to a multiple-dwelling unit or condominium if
separate piping is installed for each dwelling unit so that wastewater
service to each unit can be billed separately.
(2)
Where premises are used for both residential and commercial
purposes, the wastewater service will be billed under the applicable
commercial rate schedule. When separate piping is installed to permit
separate wastewater service to each class of service, billing will
be rendered in accordance with the applicable rate schedule.
(3)
Any establishment acknowledged or advertised as a
business, professional or commercial enterprise will be classified
as "nonresidential."
(4)
Each service will be billed separately or as otherwise
agreed.
B.
Commercial service.
(1)
Commercial service shall include wastewater service
to all types of establishments including multiple-family residential
not included in the "residential" classification, mobile home parks
served by a common service line(s), retail, offices, hotels, motels,
shopping centers, and laundromats, none of which use water in the
manufacturing process.
(2)
Only one premises or business will be served through
one service line, except a group of buildings under one management
and control.
(3)
Each service will be billed separately or as otherwise
agreed.
C.
Industrial service.
(1)
Industrial service shall include wastewater service
to a manufacturing or process facility, which is engaged in producing
a product.
(2)
An industrial user may be required to follow pretreatment
standards and obtain a wastewater discharge permit in accordance with
Rules Nos. 22, 23 and 24.
(3)
Each service will be billed separately or as otherwise
agreed.
D.
Institutional service.
(1)
Institutional service shall include wastewater service
to government buildings, hospitals, schools and other facilities that
provide public and quasi-public services.
(2)
Only one premises or structure will be served through
one service line, except a group of buildings under one management
and control.
(3)
Each service will be billed separately or as otherwise
agreed.
A.
Responsibility of the County. The County will own,
operate and maintain the complete wastewater system up to the service
connection.
B.
Responsibility of the customer.
(1)
The customer shall install, own and maintain all facilities
from the service connection up to and within the connected facility
or unit.
(2)
The customer or property owner must exercise due care
for the protection of the property of the County on the customer's
premises.
(3)
The customer agrees, in accepting service, that only
a County employee shall be allowed to make an internal or external
adjustment of the County's service line or any other piece of apparatus
which is the property of the County.
(4)
Facilities or equipment necessary for special requirements
shall be installed and maintained by the customer.
A.
The County shall not be liable for any damage to any
customer of a County-owned wastewater system due to backflow of the
wastewater system, failure of supply, interruption of service or any
other cause outside the direct control of the County.
A representative of the County shall have the right to ingress to and egress from the customer's premises at reasonable times for the purpose of inspecting, maintaining, testing, changing, installing, or removing County property. If such representative, after showing proper credentials and identification, is refused admittance or hindered or prevented from performing the above duties, the customer shall be subject those actions described in § 319-15, Enforcement; penalty, of Article I of this chapter.
The County will adhere to the applicable minimum
design and construction standards and technical provisions as established
under state law, federal law and/or County ordinances or standards
for wastewater facilities.
A.
Applications for wastewater service shall be made
at the County offices or other designated location. Applications shall
be in a form prescribed by the County's application for wastewater
service and user agreement, and shall include specific terms and conditions
for which wastewater service will be provided. All applicable administrative
charges and one-time charges, as described in Rate Schedules 1 and
2,[1] shall be paid or payment arrangements made prior to approval
by the County. The County shall have a reasonable time to provide
wastewater service, once the application has been accepted.
B.
The cost to physically connect to the wastewater service
line is the responsibility of the customer. The conditions of piping
and character of installation on the premises shall be subject to
inspection and approval by the County, and if such piping and/or installation
is found to be faulty, the County may refuse to provide service until,
and after, such faulty installation has been corrected to the satisfaction
of the County. The County does not assume the responsibility for such
inspections and shall not be held liable for failure of such piping
or installations.
C.
The County reserves the right to limit each customer
to a maximum daily flow.
D.
To enable the County to provide adequate service facilities,
the customer may be required to provide flow information on new construction
or alterations sufficiently in advance of the date upon which the
customer expects wastewater service to commence.
E.
The County shall supply service within a reasonable
time after the application or agreement is approved, and after any
necessary permits have been obtained. It is the responsibility of
the customer to comply with all applicable codes and to obtain the
necessary permits from governmental authorities. If, due to circumstances
beyond the control of the County, service cannot be furnished within
a reasonable length of time, the customer shall be advised promptly
regarding the delay.
F.
New or additional service will be limited to the available
unreserved capacity in the collection, conveyance and treatment facilities.
A.
Where service connections are available, temporary
service will be furnished under the County's established rules, regulations,
and rates for the type of service required; provided, however, that
the customer shall pay, in addition to the cost of service rendered
under its applicable rate, the cost of installing and removing, or
of connecting and disconnecting, the necessary facilities required
to provide such service.
B.
The rate to be charged for temporary wastewater service
will be in accordance with the County's existing applicable rate schedules.
C.
Where wastewater service is supplied directly to a
mobile/manufactured home or other temporary or portable structure,
the County shall require that the application for service and user
agreement be in the name of the owner of the property on whose land
the mobile/manufactured home or other portable structure is located.
In such case, the monthly bill may be billed to the tenant as may
be requested by the property owner, but the property owner will be
held responsible for any unpaid charges.
D.
Where wastewater service is supplied to an individual
mobile/manufactured homes and other portable structures, the customer
shall pay for the installation and removal cost of providing this
service.
E.
The County reserves the right to furnish or not to
furnish wastewater service for any type of temporary or special service
and, further, to define the conditions under which the wastewater
service will be provided. Continuous service under normal conditions
to existing customers shall take priority over customers receiving
temporary service.
B.
Where applications for service are received involving
service to elevations either above or below the established elevation,
special engineering and economic studies may be required that could
result in other than normal equipment requirements to provide such
service. All circumstances will be taken into account in determining
the feasibility of rendering wastewater service and, where feasible,
extensions will be made subject to the provisions outlined in Rule
No. 25, Line Extension Policy.[1]
C.
One wastewater service line for each dwelling shall
be installed on the premises except when a building houses more than
one unit requiring separate wastewater connections.
D.
The customer may be required to install a flow meter,
lift station or other apparatus.
E.
Upon connection to a County wastewater system, on-site
systems shall be rendered incapable of future use in compliance with
applicable local, state and federal regulations. The disabling of
the existing system shall include but not be limited to the following:
(1)
Any pipe which carries waste to any location other
than the County system shall be disconnected and securely capped and
sealed, including inlet pipes to septic tanks, cesspools, and other
types of on-site holding tanks.
(2)
All septage remaining in the septic tank shall be
pumped out by a certified septage hauler and shall be disposed of.
(3)
Any on-site holding tank shall have its top broken
and crushed in place and be filled with dirt, or it shall be removed
and the hole backfilled to the level of the surrounding surface grade.
(4)
The disabled on-site system shall be inspected by
the County or its authorized representative/designee.
F.
Piping and plumbing installations made by the customer
or under responsibility of the customer shall conform with the Uniform
Plumbing Code, Mechanical Code or other state or County requirements.
A.
Wastewater service provided by the County to any customer shall be used only in connection with such customer's residence, dwelling, or building to which the County has authorized a wastewater service connection and for which a customer account exists. The customer connection must comply with technical provisions provided for in Article I, § 319-9, of this chapter, be properly permitted and be successfully inspected by the County Utility and other local inspection authority.
B.
Additional facilities shall not be connected to the
existing service nor shall service be piped from one residence, dwelling,
or building to another residence, dwelling or building without first
obtaining a written permit, authorization and/or statement of requirements
from the County, and without first complying with any such requirements.
C.
Should a connection be completed in violation of the
previous Subsections A and B, the connection will be considered unauthorized
and the following actions shall be taken by the County Utility:
A.
The County will strive to furnish adequate, efficient
and reasonable service. The customer should report interruption or
any problems of service promptly to the County. The County will endeavor
to restore or repair service within a reasonable time.
B.
The County will use reasonable diligence to furnish
a regular and uninterrupted wastewater service; however, interruptions
or problems may occur or service may be curtailed or fail as a result
of circumstances beyond the control of the County, including but not
limited to those caused by public enemies, accidents, strikes, legal
processes, or damages, repairs or changes in the County's collection,
conveyance or treatment facilities. The County will endeavor to give
reasonable notice in advance of any planned effort.
C.
Customers whose service requirements exceed those
normally provided should advise the County and contract for additional
facilities as may be required.
A.
Customers who intend to move from a premises or discontinue
the use of wastewater services or in any way terminate their liability
shall give the County or its designated agent reasonable notice of
such intentions. The customer will be liable for wastewater service
charges for the premises until such notice is given and the County
has also confirmed the discontinuance of water service with the water
provider. Upon receipt of such notice, the County will confirm the
water provider's final meter reading within a reasonable period of
time or approximately five working days. The owner of the premises
will be subject to the minimum fixed charge up to the time of the
final meter reading.
B.
The County reserves the right to interrupt service
or request the interruption of water service for a reasonable period
for maintenance and repairs to its property or equipment.
C.
The County may discontinue utility service to a customer
without prior notice:
(1)
In the event of a condition determined by the County
to be hazardous.
(2)
In the event of customer use of equipment in such
manner as to adversely affect the County's equipment or the County's
service to others.
(3)
In the event of customer's tampering with, damaging,
or destroying the equipment furnished and owned by the County.
(4)
In the event of unauthorized use of service.
D.
The County may discontinue utility service to a customer
with prior notice for:
(1)
Nonpayment of a delinquent account.
(2)
Failure to comply with the terms and conditions of
a settlement agreement.
(3)
Refusal to grant access at reasonable times to equipment
installed upon the premises of the customer for the purpose of inspection,
maintenance or replacement.
(4)
Failure to comply with conditions specified by the
County and/or the application for service and user agreement required
to obtain County wastewater services.
(5)
Violation of and/or noncompliance with the County's
rules on file with the office of the County Clerk and approved by
the governing body.
(6)
Failure of the customer to fulfill contractual obligations
for utility service and/or facilities other than settlement agreements.
E.
The notice of discontinuance required by this rule
shall include the following:
(1)
A statement of the reason(s) why the County has issued
notice to discontinue utility service.
(2)
The title(s), address, telephone number(s) and working
hours of the personnel at the County responsible for carrying out
the rights herein prescribed.
(3)
Notice that the customer may obtain a review by County
personnel to address the reasons for the discontinuance of service.
(4)
Notice that a complaint may be filed with the Utilities
Director if the customer disagrees with the County's determination
of the facts on which the proposed discontinuance is based. If the
customer requests a review by the County, discontinuance of service
shall be stayed during the review.
[Amended 9-27-2011 by Ord. No. 235-2011]
(5)
The amount owed and the date by which the customer
must either pay the amount due or make other arrangements with the
County concerning payment of the charges, including arrangements for
a settlement agreement. The service period over which said amount
was incurred, the date, and the amount of the last payment shall be
available upon request.
(6)
Notice that the County will not discontinue service
to any residence where, upon adequate proof, the County determines
a seriously ill person or person whose life may be endangered by discontinuance
of service resides.
F.
The County shall not discontinue service for:
(1)
The failure of a customer to pay for special services.
(2)
The failure of a customer to pay for service received
at a separate wastewater service point, residence or location. However,
in the event of discontinuance or termination of service at a separate
wastewater service point, residence or location, the County may transfer
any unpaid balance due to any other service account of the customer.
(3)
Nonpayment of the disputed amount of a bill.
(4)
Delinquency in payment for service to a previous occupant
of the same premises unless a court has found the new customer is
legally liable for the debt of the previous occupant.
(5)
Failure of a customer to pay the bill of another customer
as guarantor thereof.
G.
Any customer whose service is involuntarily disconnected
may be required to pay a reactivation charge in addition to all charges
before being reconnected to the County's utility systems.
H.
The County employee sent to discontinue utility service
shall be empowered to receive full payment, by check or money order,
of delinquent bills and, upon receipt of the full payment in a form
acceptable to the County, said employee shall be empowered to cancel
the discontinuance order.
I.
When a customer has indicated to the County an inability
to pay utility charges, has not been chronically delinquent, and can
provide some evidence and/or documentation of hardship such as medical
or other extenuating circumstances, the County shall attempt to arrange
an installment plan for the payment of past-due utility charges. While
an installment plan is being negotiated, the County shall not discontinue
service to such customer. In the event that either negotiation of
the installment plan is discontinued or progress in its negotiation
is stalled, the County may proceed with discontinuance of service.
J.
Utility service to a customer may be discontinued
only during the hours from 8:00 a.m. to 3:00 p.m. on Monday through
Thursday and may not be discontinued less than 24 hours prior to a
holiday or weekend unless the County's designated business office
is open for receipt of payment of past-due charges and County personnel
are available to restore such service upon payment during said holiday
or weekend.
Notice by the County to the customer may be
given verbally, in person or by telephone, or in writing. A mailed
written notice will be deemed received three business days after mailing
to the customer's billing address. Hand-delivered written notice shall
be deemed effective immediately upon delivery to the service address.
A.
Inquiries or complaints concerning the application
or interpretation of rates, charges and regulations may be made to
the County Utilities Department or designated agent by telephone,
in person, and/or in writing. The inquiry or complaint shall be documented
as received in the County's Customer Inquiry Log. County staff or
the designated agent will make every attempt to investigate, respond,
and resolve the issue in a timely manner.
[Amended 9-27-2011 by Ord. No. 235-2011]
B.
In the event that the customer is not satisfied with
the action of such County representative, the customer may direct
a written complaint to the Utilities Director. Such written complaints
shall be fully investigated, and the Utilities Director shall provide
a written decision in effort to resolve or satisfy the inquiry or
complaint of the customer. Any customer who does not file a written
complaint with the Utilities Director within 30 days of the decision
or action of the County representative, which is the subject of the
complaint, shall waive any right to contest such decision or action.
C.
Any customer who is dissatisfied with the Utilities
Director's decision may, within 30 days of the date of said written
decision, file an appeal to the Board, which shall hold a public hearing
to review the Utilities Director's decision. The Board may uphold,
reverse or modify the Utilities Director's decision.
[Amended 9-27-2011 by Ord. No. 235-2011]
The rates and charges to be paid to the County
for wastewater service will be the rates and charges legally in effect,
approved by and on file with the office of the County Clerk. Complete
schedules of all rates and charges legally in effect will be kept
at all times at the County's Utilities Department, where they will
be available for public inspection. Attached hereto are Rate Schedules
1 through 4, which shall be in effect with the effective date of this
chapter.[1]
A.
The County may require a security deposit or other
guarantee of payment as condition of new or continued service to a
residential customer, specifically in the case of service:
(1)
To a residential customer who is not connected to
a community water system;
(2)
To a residential customer who has not previously had
utility service with the County;
(3)
To a chronically delinquent residential customer of
the County;
(4)
To a residential customer who is being reconnected
following discontinuance of service by the County; and
(5)
To a residential customer who, without authority,
has interfered with or connected to the County's wastewater service.
B.
Commercial and industrial customers shall be required
to make a deposit.
C.
Institutional customers may be required to make a
deposit if determined necessary by the County.
E.
Customers who have not been delinquent for the twelve-month
period from the date of deposit or guarantee will receive a credit
to their account. If the customer fails to qualify for a refund of
the deposit on the first anniversary date of the deposit, that account
may be reviewed on each subsequent anniversary date of the deposit.
The amount of the deposit shall be credited if the customer has not
been delinquent during the preceding 12 months.
F.
Each customer posting a security deposit shall receive
in writing at the time of tender of deposit, a receipt as evidence
thereof. The receipt shall contain the following minimum information:
G.
The County shall maintain records of deposits and
issue receipts of deposits in accordance with applicable requirements
of state law and regulations.
B.
When billing for multiple services at a residence,
the use and charge attributable to each service shall be clearly set
forth on the bill. Utility service to multiple locations billed to
a single residential customer shall be separately stated for each
location.
C.
All bills for wastewater service are due when rendered,
and are payable within 30 days from the date of the bill, and if not
so paid, the bill shall be considered delinquent.
D.
A customer shall be given at least 15 calendar days
from the date the bill is deemed delinquent before the County may
discontinue utility service or request the disconnection of the water
utility service, pursuant to the requirements of Rule 12[2] and a late charge assessed according to Rate Schedule
4.[3]
E.
If the last day for payment of a bill falls on a Sunday,
legal holiday, or any other day when the offices of the County regularly
used for the payment of customer bills are not open to the general
public, the final payment date shall be extended through the end of
the next business day.
F.
The words "month" and "regular billing period" as
used herein and in the rate schedules are hereby defined as a thirty-day
period or the elapsed time between two successive meter readings approximately
30 days apart.
G.
For calculating variable charges and in the event
of the stoppage of or the failure by any meter to register the full
amount of water consumed, or of the inaccessibility of the meter,
the customer will be billed for such period on an estimated consumption
based upon use of water in a similar period of like use; provided,
however, that such period shall not exceed six months.
A.
Conditions.
(1)
The County shall not render a bill based on estimated
water use to a customer unless:
(2)
If the County is unable to obtain an actual meter
reading for these reasons, the County shall attempt to contact the
customer and obtain access to the premises.
(3)
If the County underestimates a customer's water use
and subsequently seeks to correct the bill, the customer shall be
given an opportunity to participate in an installment plan with regard
to the underestimated amount.
(4)
Meters will be read or water use data obtained at
regular intervals; however, if a meter reading is missed, the County
may bill the customer on an estimated consumption, and the difference
may be adjusted when the meter is again read. The basis for this estimate
shall be the normal consumption for corresponding periods in the preceding
year and/or normal consumption of preceding months.
A.
The County agrees to promptly investigate any question
as to accuracy of bills for service rendered. If the bill is in error,
the County shall submit a corrected bill which reflects an increase
to the customer as promptly as circumstances permit or give credit
on a subsequent bill rendered to the customer in the amount of any
overcharge. The County will use its best efforts to explain the error
to the customer.
B.
An equitable adjustment of the charges may be made
in the event of an unforeseen or extraordinary circumstance not occasioned
by the customer.
A.
Settlement agreements shall be in writing and at the
discretion of the County. When the County and a customer settle a
dispute or when a customer does not dispute liability for an outstanding
bill or bills but demonstrates an inability to pay the outstanding
bill or bills when due, the County and the customer shall enter into
a settlement agreement to pay the amount of the bill. The County is
not required to enter into a settlement agreement with a chronically
delinquent customer. However, if a chronically delinquent customer
can demonstrate to the County that the customer does not have adequate
financial resources to pay the outstanding bill without participation
in the settlement agreement and because the customer has a low income
and is elderly, disabled, or subject to other special considerations,
the County shall give special consideration to such a customer in
determining whether to extend a settlement agreement to that customer.
B.
Every settlement agreement, involving an inability
to pay an outstanding bill in full when payable according to Rule
No. 17, shall provide that service will not be discontinued if the
customer pays a reasonable portion of the outstanding bill upon signing
the settlement agreement and agrees to pay the remaining outstanding
balance in reasonable installments until the bill is paid. For purposes
of determining reasonableness, the parties shall consider:
C.
A settlement agreement to pay an outstanding past-due
balance on a bill does not relieve a customer from the obligation
to pay future bills on a current basis.
D.
If the customer has entered into an installment plan
pursuant to a settlement agreement, the customer shall receive a statement
of:
E.
If a customer fails to comply with a settlement agreement,
the County may discontinue service after notifying the customer by
personal delivery of written notice or by first class mail that the
customer is in default of the settlement agreement; stating the nature
of the default and that unless a payment which brings the settlement
agreement current is made within seven days from the date of notice,
the County will discontinue service on a specified date.
F.
The County and a customer may renegotiate the terms
of a settlement agreement.
A.
If an existing customer is planning further development,
which will use unusually large quantities of water, the County shall
be consulted in advance for its approval of such additional service
and for the terms and advice as to conditions under which the wastewater
will be collected from the premises of the customer.
B.
The County reserves the right to limit the size of
service connections and to prohibit the customer's flow of excessive
quantities of wastewater that exceed or strain the capacity of the
County's facilities. Noncompliance of this rule by a customer shall
constitute grounds for discontinuing service in accordance with Rule
No. 12, Discontinuance and Denial of Restoration of Service.
C.
The County reserves the right to impose restrictions
or limitations on wastewater services should an outside governing
or regulatory body impose similar restrictions on the County.
The purpose of this rule is to establish limitations
and prohibitions on the quantity and quality of wastewater which may
be lawfully discharged into the County system. Pretreatment of some
wastewater discharges will be required to achieve compliance with
this chapter. All users are required to reduce, eliminate, or otherwise
prevent polluting substances from entering their wastewater stream
by source reduction or waste minimization. The specific limitations
set forth herein are necessary to enable the County to meet requirements
contained in its permits, to protect the public health and the environment,
and to provide efficient wastewater treatment and protect the health
and safety of wastewater personnel. The County shall periodically
review said limitations to ensure that they are sufficient to meet
the goals of this chapter. The County shall recommend changes or modifications
as necessary.
A.
Prohibited pollutants.
(1)
Specific prohibitions. No user shall introduce into
the County system any of the following pollutants which acting alone
or in conjunction with other substances present in the wastewater
could interfere with the operation of the County system:
(a)
Pollutants which could create a fire or explosive
hazard in the County system, including, but not limited to, wastewater
streams with a closed-cup flashpoint of less than 140° F. (60°
C.) using the test methods specified in 40 CFR 261.21.
(b)
Pollutants which could cause corrosive structural
damage to the County system, but in no case, discharges with a pH
lower than 5.0 or higher than 11.5.
(c)
Solid or viscous pollutants in amounts which
could cause obstruction to the flow in the wastewater lines, or other
interference with the operation of or which could cause damage to
the County system, including grease, wax or other materials which
tend to coat and clog a sewer line or other appurtenances thereto.
(d)
Any pollutant which could cause interference
in the County system or individual unit operations, including oxygen
demanding pollutants (BOD, COD and the like), released in a discharge
at a flow rate and/or pollutant concentration which could cause interference
in the County system or individual unit operation.
(e)
Any persistent pesticides or herbicides, such
as dieldrin, aldrin, chlordane, endrin, heptachlor, toxaphene, lindane,
dioxin, benzene hexachloride (BHC), and polychlorinated biphenyls
(PCBs) or other toxic refractory organic chemicals.
(f)
Heat in amounts which will inhibit biological
activity in the County system resulting in interference, but in no
case heat in such quantities that the temperature at the treatment
works influent exceeds 40° C. (104° F). Unless a higher temperature
is allowed in the user's wastewater discharge permit, no user shall
discharge, into any public wastewater system or other appurtenance
of the County system, wastewater with a temperature exceeding 60°
C. (140° F.).
(g)
Petroleum oil, nonbiodegradable cutting oil,
or products of mineral oil origin, in amounts that will cause interference
or pass through; and in no case greater than 100 mg/l.
(h)
Pollutants which result in the presence of toxic
gases, vapors, or fumes within the County system in a quantity that
may cause acute worker health and safety problems as determined by
the County.
(i)
Trucked or hauled pollutants, except at discharge
points designated by the County.
(j)
Noxious or malodorous liquids, gases, solids,
or other wastewater which, either singly or by interaction with other
wastes, is sufficient to create a public nuisance or a hazard to life,
or to prevent entry into the wastewater system for maintenance or
repair; or pollution of receiving waters.
(k)
Wastewater which imparts color which cannot
be removed by the treatment process, such as, but not limited to,
dye wastes and vegetable tanning solutions, which subsequently imparts
color to the treatment plant's effluent, thereby violating the County's
permits.
(l)
Stormwater, surface water, groundwater, artesian
well water, roof runoff, subsurface drainage, swimming pool drainage,
condensate, deionized water, noncontact cooling water, and unpolluted
wastewater, unless specifically authorized by the County.
(m)
Sludges, screenings, or other residues from
the pretreatment of industrial wastes.
(n)
Medical wastes, except as specifically authorized
by the County in a wastewater discharge permit.
(o)
Wastewater causing, alone or in conjunction
with other sources, the treatment plant's effluent to fail a toxicity
test.
(p)
Detergents, surface-active agents, or other
substances which may cause excessive foaming in the County system.
(q)
Fats, oils, or greases of animal or vegetable
origin in concentrations greater than 300 mg/l.
(r)
Wastewater containing any radioactive wastes
or isotopes of such half-life or concentration as may exceed limit
established by the County in compliance with applicable state or federal
regulations.
(s)
A sludge discharge having a flow rate or containing
pollutant concentration that will cause inhibition, pass-through,
or sludge contamination of the County system, including, but not limited
to, the specific prohibitions defined in 40 CFR 403.5(b) to 403.12(f).
(t)
Unusual concentrations of inert suspended solids
(such as, but not limited to, fuller's earth, lime slurries, and lime
residues) or dissolved solids (such as, but not limited to, sodium
chloride and sodium sulfate).
(u)
Any pollutant which would result in a violation
of any statute, rule, regulation or ordinance of any public agency,
including discharges prohibited by the EPA.
(2)
For those situations in which a County system is connected
to a municipal system, water and sanitation district, or other system
not owned by the County, the user must comply with the applicable
municipal codes, ordinances and regulations of that municipality,
the water and sanitation district or other system regarding prohibited
discharges, industrial liquid waste, and wastewater pretreatment.
B.
Wastewater evaluation.
(1)
The wastewater of a user shall be evaluated upon the
following criteria:
(a)
Whether the wastewater contains any element
or compound which is not adequately removed by the treatment process
and which is considered to be an environmental hazard by the County.
(b)
Whether the wastewater causes a discoloration,
foam, floating oil or grease, or any other condition in the quality
of the County treatment systems effluent such that receiving water
quality requirements established by law cannot be met.
(c)
Whether the wastewater causes conditions at
or near the County system which violate any statute, rule, or regulation
of any public agency of the state or the United States.
(d)
Whether the wastewater contains any element
or compound known to act as a lacrimator, known to cause nausea, or
known to cause severe odors constituting a public nuisance.
(e)
Whether the wastewater causes interference with
the effluent or any other product of the treatment process such as
residues, sludges or scums, rendering them unsuitable for reclamation
or reuse.
(f)
Whether the wastewater has constituents and
concentrations in excess of those listed herein.
(g)
Whether the wastewater has a higher than normal
COD (500 mg/l), BOD (250 mg/l), and/or TSS (300 mg/l) and will be
subject to an extra-strength surcharge.
(2)
The County shall establish reasonable limitations
or prohibitions in the wastewater discharge permit of any user that
discharges wastewater violating any of the above criteria as shall
be reasonably necessary to achieve the purpose and policy of this
chapter.
C.
National Categorical Pretreatment Standards. Certain
users are now or hereafter may become subject to National Categorical
Pretreatment Standards promulgated by the EPA specifying quantities
or concentrations of pollutants or pollutant properties which may
be discharged into the County system. All users subject to a National
Categorical Pretreatment Standard shall comply with all requirements
of such standard, and shall also comply with any limitations contained
in this chapter. Where duplication of the same pollutant exists, the
limitations which are more stringent shall prevail. Compliance with
National Categorical Pretreatment Standards for existing sources subject
to such standards or for existing sources which hereafter become subject
to such standards shall be within three years following promulgation
of the standards unless a shorter compliance time is specified in
the standards. Compliance with National Categorical Pretreatment Standards
for new sources shall be required upon promulgation of the standard.
Except where expressly authorized by an applicable National Categorical
Pretreatment Standard, no user shall increase the use of process water
or in any way attempt to dilute a discharge as a partial or complete
substitution for adequate treatment to achieve compliance with such
standard.
D.
Prohibitions of drainage or groundwaters.
(1)
Stormwater, groundwater, rainwater, street drainage,
rooftop drainage, basement drainage, subsurface drainage or yard drainage
shall not be discharged to the County system unless a storm sewer
or other reasonable alternative for removal of the drainage does not
exist, and then only when the discharge is approved by the County.
(2)
Clean-up waters from groundwater remediation sites
or other nonstandard industrial permitted sources will normally not
be accepted into the County system. Exceptions will be considered
on a case-by-case basis where a reasonable alternative for discharge
does not exist, and then only when the discharge is approved by the
County.
(3)
Any entity requesting a discharge of remediation water
or any other nonstandard industrial permitted discharge shall prepare
a detailed proposal describing the proposed discharge's characteristics,
including, but not limited to, toxicity, biotreatability, analysis
of alternatives, hazardous nature, quantity, duration, pass-through
potential, County system biological inhibition potential and any other
factors deemed appropriate by the County.
(4)
The County reserves the right, if the discharge is
approved, to impose monitoring and analysis requirements on the entity
making the discharge request, which can include testing the discharge
waters and the County system influent, effluent and sludge. The County
reserves the right to deny any discharge request or to deny the continuation
of a discharge previously approved if, in the judgment of the County,
the continuance of the discharge is not desirable.
E.
Septic tank or chemical toilet discharges. No user
owning vacuum or cesspool-type pumping trucks or other liquid waste
transport trucks shall discharge such waste into the County system
without prior approval from the County.
F.
Other holding tank waste. No user shall discharge
any other holding tank or trap waste, including grit, grease, or hauled
industrial wastes, into the County system without prior approval from
the County.
G.
Limitations on pollutant concentration. Based on the
development of technically based local discharge limitations, and
latest revisions, no user shall discharge wastewater into the wastewater
system in excess of the concentration as set forth by the County's
permit requirements for discharge or 40 CFR 403.
H.
Pretreatment of wastewater.
(1)
Pretreatment required. A user generating wastewater
containing waste prohibited from discharge to the County system by
this section and who desires to discharge the same to the County system
shall pretreat or otherwise dispose of the prohibited waste so as
to make the wastewater discharged to the County system conform to
the discharge standards, limits, requirements, and conditions established
in this chapter.
(2)
Pretreatment facilities. The user shall provide wastewater
pretreatment as necessary to comply with this chapter and shall achieve
compliance with all categorical pretreatment standards, local limits,
and the prohibitions set out in this chapter as specified by the EPA,
the state, local limits, or the County, whichever is more stringent.
Any facilities necessary for compliance shall be provided, operated,
and maintained at the user's expense. Detailed plans describing such
facilities and operating procedures shall be prepared by an engineer
and submitted to the County for review, and shall be acceptable to
the County before such facilities are constructed. The review of such
plans and operating procedures shall in no way relieve the user from
the responsibility of modifying such facilities as necessary to produce
a discharge acceptable to the County under the provisions of this
chapter.
(3)
Additional pretreatment measures.
(a)
The County may require users to restrict discharge
during peak flow periods, designate that certain wastewater be discharged
only into specific locations, relocate and/or consolidate points of
discharge, separate wastewater streams from industrial wastewater
streams, and impose such other conditions as may be necessary to protect
the County system and determine the user's compliance with the requirements
of this chapter.
(b)
The County may require any user discharging
into the County system to install and maintain, on their own property
and at their own expense, a suitable storage and flow-control facility
to ensure equalization of flow. A wastewater discharge permit, as
described in Rule 24, may be issued solely for flow equalization.
(c)
Users with the potential to discharge flammable
substances may be required to install and maintain an approved combustible
gas detection meter.
I.
Oil and grease discharge limitations. The County shall
monitor wastewater discharge permit holders, automotive shops, vehicle
fueling stations, septic tank pumpers, commercial food processors,
oil tank firms and transporters, and others as appropriate. Existing
sources must maintain their traps and separation-treatment systems
to ensure that grease and oil do not enter the County system. Dischargers
shall be subject to monitoring, inspection, reporting and other requirements
as determined by the County in its discretion. These dischargers may
not be required by the County to apply for wastewater discharge permits
unless the County determines in its discretion that they are a significant
source of prohibited pollutants, toxic pollutants in toxic amounts,
extra-strength discharges, or are otherwise controlled by federal
regulations. Dischargers not in compliance shall also be subject to
operation and maintenance costs necessitated by the oil and grease
problem until the problem is corrected.
J.
Surcharges.
(1)
A surcharge will be assessed against any user who
discharges wastewater which is of greater strength than normal, or
of greater strength than allowed by permit, if applicable. Normal
untreated wastewater is defined as:
K.
Pretreatment charges. The County may adopt reasonable
charges for reimbursement of costs of setting up and operating the
County pretreatment program, which may include:
(2)
Charges for monitoring, inspection, and surveillance,
including costs of sampling and analysis of user's discharge and reviewing
monitoring reports submitted by users.
(3)
Charges for reviewing and responding to accidental
discharge procedures and construction.
(4)
Other charges as the County may deem necessary to
carry out the requirements contained in this chapter. These charges
relate solely to the matters covered by this chapter and are separate
from all other charges, fines, and penalties chargeable by the County.
A.
Grease, oil and sand traps shall be provided and properly
maintained by the user when, in the opinion of the County, they are
necessary for the proper handling of liquid wastes containing grease
in excessive amounts, or any flammable wastes, sand, or other harmful
ingredients, except that such traps shall not be required for private
living quarters or dwelling units. Grease and oil traps shall be installed
in all new service stations, garages, restaurants, and other new facilities
wherein heavy discharge of grease and oil is to be expected. The user
shall clean and maintain traps for proper functioning.
B.
Manufactured traps acceptable to the County and properly
sized may be used in lieu of on-site construction. Where possible,
the trap shall be installed outside the building.
C.
The County Utilities Department has design specifications
for approved traps available for its customers.
A.
Applicability. Any user who meets any of the following
criteria shall be required to have a wastewater discharge permit:
(1)
Users who are subject to or who become subject to
a Categorical Pretreatment Standard as that term is defined in 40
CFR 403.3(j), whether or not the user discharges directly into the
County system or by way of an intermediate system;
(2)
Process wastewater flow greater than 25,000 gallons
per day; or
(3)
Those engaging in activity which:
(a)
Results in effluent exceeding or with high potential
to exceed the specific maximum concentration of parameters specified
in the County systems' discharge permits; and
(b)
In the judgment of the County, is on a site
whose use is in an industrial class or category which may supply an
appreciable contribution of pollutants to the County system.
B.
For purposes of this rule, when the context so indicates,
the phrase "pretreatment standard" shall include either a National
Categorical Pretreatment Standard or a pretreatment standard imposed
as a result of the user's discharging any pollutant regulated by this
chapter. For purposes of this rule, the term "pollutant" shall include
any pollutant identified in a National Categorical Pretreatment Standard
or any pollutant identified in the County system's discharge permits.
C.
Any users who are subject to or become subject to
pretreatment requirements as defined in 40 CFR 403.3(j) must comply
not only with the requirements of this chapter but also requirements
of the NMED, EPA or as described in 40 CFR 403.
[Amended 9-27-2011 by Ord. No. 235-2011]
D.
Application for wastewater discharge permit. Subject
users shall obtain applications from the County. Variances shall not
be granted except as allowed by the EPA under 40 CFR 403.13 for categorical
industries, and provided such variances allowed by the EPA do not
exceed the discharge limits established by this chapter. The user
shall submit to the County revised plans whenever alterations or additions
to the user's premises affect points of discharge to the County system.
All applications shall conform to requirements set forth in 40 CFR
403.12, to include the following information:
(1)
The name and address of the user. If the user is a
partnership or proprietorship, the names of all partners or proprietors
must be submitted to the County along with the name of the authorized
representative.
(2)
The location of such user.
(3)
Description of activities, facilities, and plant processes
on the premises, including a list of all raw materials and chemicals
used or stored at the facility which are, or could accidentally or
intentionally be, discharged to the County system.
(4)
The average and maximum flow of the discharge from
such user to the County system, in gallons per day.
(5)
A site plan with sufficient detail to show all connections
with County water and wastewater lines and the applicant's proposed
location of a manhole or sanitary cleanout. Detailed plumbing plans
shall be maintained on the user's premises and made available for
inspection upon request.
(6)
The nature and concentration of pollutants in the
discharge from each regulated process from such user and identification
of any applicable pretreatment standards and requirements. The concentration
shall be reported as a maximum or average level as provided for in
the applicable pretreatment standard. If an equivalent concentration
limit has been calculated in accordance with any pretreatment standard,
this adjusted concentration limit shall also be submitted to the County
for approval.
(7)
A statement, approved by an authorized representative
of the user and certified by an engineer, indicating whether pretreatment
standards are being met on a consistent basis and, if not, whether
additional operation and maintenance procedures or additional pretreatment
is required for the user to meet the pretreatment standards and requirements.
(8)
If additional pretreatment or operation and maintenance
procedures will be required to meet the pretreatment standards, then
the applicant shall provide a schedule by which the user will provide
such additional pretreatment.
E.
Incomplete applications. The County will act only
on complete applications. Users who have filed incomplete applications
will be notified by the County of the nature of the deficiency and
will be given 30 days to correct the deficiency. If the deficiency
is not corrected within 30 days, the County may deny the application
for a wastewater discharge permit and notify the applicant in writing
of such action.
F.
Evaluation of applications.
(1)
Within 45 days of receipt of complete applications,
including revisions to previously approved applications, the County
shall review and evaluate the applications and may propose such other
special wastewater discharge permit conditions deemed advisable. All
wastewater discharge permits shall be expressly subject to all the
provisions of this chapter and all other applicable ordinances, laws,
or regulations.
(2)
The County may also propose that the wastewater discharge
permit be subject to one or more permit conditions in regard to any
of the following:
(a)
Pretreatment requirements.
(b)
The average and maximum wastewater constituents
and characteristics.
(c)
Limits on rate and time of discharge or requirements
for flow regulations and equalization.
(d)
Requirements for installation of manhole(s),
sanitary cleanout(s), and appurtenance(s).
(e)
Specifications for monitoring programs, which
may include sampling locations, frequency and method of sampling,
types and standards for tests and reporting schedule.
(f)
Requirements for submission of technical reports
or discharge reports.
(g)
Requirements for maintaining records relating
to wastewater discharge.
(h)
A reasonable schedule in compliance with this
chapter, not to extend beyond or such earlier date as may be required
by other applicable law or regulation, whichever is sooner, to ensure
the user's compliance with pretreatment requirements or improved methods
of operation and maintenance.
(i)
Requirements for the installation of facilities
to prevent and control accidental discharge or "spills" at the user's
premises.
(j)
Other special conditions deemed appropriate
by the County to ensure compliance with this chapter.
(3)
The County may deny any application for a discharge
permit.
G.
Notification of proposed permit conditions; right
to object.
(1)
Upon completion of evaluation, the County shall prepare
and transmit a discharge permit and notify the applicant of any permit
conditions which the County proposes.
(2)
The applicant shall have 30 days from the date of
issue of the wastewater discharge permit to file written objections
with the County to any permit conditions that are more stringent than
pretreatment standards or limitations in this chapter or are otherwise
not listed in either. The County shall initiate a response (verbal
or written) within 30 days following receipt of the applicant's written
objections, and attempt to resolve disputed issues concerning permit
conditions.
(3)
If the applicant files no written objection to the
permit it shall remain in effect. If a subsequent agreement is reached
concerning changes in permit conditions, the County shall modify the
wastewater discharge permit for the applicant with such conditions
incorporated. In the event objections are filed by the applicant and
there is no mutually accepted resolution of such objections, the County
shall issue a final determination on the requirements of the wastewater
discharge permit.
H.
Monitoring and reporting requirements.
(1)
Monitoring and reporting submitted under this section
shall be in accordance with 40 CFR 403.12.
(2)
Notice of violation; repeat sampling and reporting.
If sampling performed by a user indicates a violation, the user must
notify the County within 24 hours of becoming aware of the violation.
The user shall also repeat the sampling and analysis and submit the
results of the repeat analysis to the County within 30 days.
(3)
Analytical requirements. Test procedures for measurements
of pollutant amounts, characteristics or properties in effluent limitations
guidelines and standards of performance and pretreatment standards
must be employed as stated in 40 CFR Part 136 unless specifically
noted. For other sampling or analytical techniques not included in
40 CFR Part 136, sampling and analyses must be performed in accordance
with procedures approved by the EPA.
(4)
The reports required shall contain the results of
sampling and analysis of the discharge, including the nature and concentration
of the flow, or production and mass limits, where required, of pollutants
contained therein which are limited by the applicable pretreatment
standards. The frequency of monitoring shall be prescribed in the
applicable pretreatment standard. All analyses shall be performed
in accordance with procedures established by the EPA under the provisions
of Section 304(h) of the Act [33 U.S.C. 1314(h)] and contained in
40 CFR Part 136 and amendments thereto or with any other test procedures
approved by the EPA or the County. Sampling shall be performed in
accordance with the techniques approved by the EPA, or the County.
If a user monitors any pollutant more frequently than required by
the County, the results of this monitoring shall be included in the
report.
I.
Notification of the discharge of hazardous waste.
Any user who commences the discharge of hazardous waste shall notify
the County, the EPA Regional Waste Management Division Director, and
state hazardous waste authorities, in writing, of any discharge into
the County system of a substance which, if otherwise disposed of,
would be a hazardous waste under 40 CFR Part 261. Such notification
must include the name of the hazardous waste as set forth in 40 CFR
Part 261, the EPA hazardous waste number, and the type of discharge
(continuous, batch, or other). All notifications must take place no
later than 180 days after the discharge commences. Any notifications
under this subsection need be submitted only once for each hazardous
waste discharged. The notification requirement in this section does
not apply to pollutants already reported by users subject to categorical
or ordinance pretreatment standards under any self-monitoring requirements.
J.
Maintenance of records.
(1)
Any user subject to the reporting requirements established
in this section shall maintain records of all information resulting
from any monitoring activities required by this section. Such records
shall include:
(2)
Any user subject to the reporting requirement established
shall be required to retain for a minimum of three years any records
of monitoring activities and results and shall make such records available
for inspection and copying by the County, New Mexico Environment Department,
or the EPA. This period of retention shall be extended during the
course of any unresolved litigation regarding the user or when requested
by the County, New Mexico Environment Department, or the EPA.
K.
Duration of wastewater discharge permit. Wastewater
discharge permits shall be issued for a maximum period of five years.
Notwithstanding the foregoing, users becoming subject to a National
Categorical Pretreatment Standard shall apply for new permits on the
effective date of such National Categorical Pretreatment Standard.
The County shall notify in writing any user whom it has cause to believe
is subject to a National Categorical Pretreatment Standard of the
promulgation of such federal regulations; provided that any failure
of the County in this regard shall not relieve the user of the duty
of complying with such National Categorical Pretreatment Standard.
A user must apply in writing for a renewal of the wastewater discharge
permit within not more than 90 days and not less than 30 days prior
to expiration of the current permit. Limitations or conditions of
a wastewater discharge permit are subject to modification or change
as such changes may become necessary due to changes in applicable
standard(s), in the County's permit, in other applicable law or regulation,
or for other just cause. Should such changes be necessary, a new permit
will be issued which shall supersede the previous permit and be subject
to the same thirty-day opportunity for comment. Any change or new
condition in a permit shall include a schedule for compliance. The
user may appeal the decision of the County in regard to any changed
permit conditions as provided in this chapter.
L.
Reports of changed conditions. Each user must notify
the County of any planned significant changes to the user's operations
or system which might alter the nature, quality, or volume of its
wastewater at least 45 days before the change.
(1)
The County may require the user to submit such information
as may be deemed necessary to evaluate the changed condition, including
the submission of a wastewater discharge permit application.
(2)
The County may issue a wastewater discharge permit
or modify an existing wastewater discharge permit in response to changed
conditions or anticipated changed conditions.
(3)
For purposes of this requirement, significant changes
include, but are not limited to, flow increases of 20% or greater,
and the discharge of any previously unreported pollutants.
M.
Modifications. The County may modify a wastewater
discharge permit for good cause, including, but not limited to, the
following reasons:
(1)
To incorporate any new or revised federal, state,
or local pretreatment standards or requirements;
(2)
To address significant alterations or additions to
the user's operation, processes or wastewater volume or character
since the time of wastewater discharge permit issuance;
(3)
A change in the County system that requires either
a temporary or permanent reduction or elimination of the authorized
discharge;
(4)
Information indicating that the permitted discharge
poses a threat to operation and maintenance personnel, or the receiving
waters;
(5)
Violation of any terms or conditions of the wastewater
discharge permit;
(6)
Misrepresentations or failure to fully disclose all
relevant facts in the wastewater discharge permit application or in
the required reporting; and
(7)
To reflect a transfer of the facility ownership or
operation to a new owner or operator.
N.
Transfer of permit. Wastewater discharge permits may
be transferred to a new owner or operator only if the permittee gives
at least 90 days' advance notice to the County, and the County approves
the wastewater discharge permit transfer.
O.
Revocation of permit. Any permit issued under the
provisions of this chapter is subject to being suspended or revoked
in whole or in part by the County during its term for cause, including,
but not limited to, the following:
(1)
Violation of any terms or conditions of the wastewater
discharge permit or other applicable law or regulation;
(2)
Obtaining of a permit by misrepresentation or failure
to disclose fully all relevant facts;
(3)
A change in any condition that requires either a temporary
or permanent reduction or elimination of the permitted discharge;
(4)
Failing to meet new National Categorical Pretreatment
Standards; or
(5)
Violation of any provision of this chapter.
P.
Any violation of the terms and conditions of a wastewater discharge permit shall be deemed a violation of this chapter and subjects the wastewater discharge permittee to the sanctions set out in § 319-15 of this chapter. Obtaining a wastewater discharge permit does not relieve a permittee of its obligation to comply with all federal and state pretreatment standards or requirements or with any other requirements of federal, state, and local law.
The purpose of this section is to define the
terms and conditions for a County sanitary sewer line extension to
serve an applicant or group of applicants. Applicants for subdivision
development shall refer to and comply with Chapter 300, Subdivision
of Land,[1] as well as this chapter.
A.
Application.
(1)
The applicant requesting wastewater service requiring
a line extension must request such service in writing. The request
shall describe the following:
(2)
The County Utilities Director shall review the application
and make a recommendation to the Board for Board consideration and
approval as to the availability and feasibility of providing such
service. The terms and conditions shall be set forth in a line extension
agreement to be executed by the County and the applicant.
[Amended 9-27-2011 by Ord. No. 235-2011]
B.
Conditions of a line extension.
(1)
The County may extend or approve the line extension
in the streets, alleys, and/or easements within the service areas
in order to permit connections by an applicant seeking wastewater
service. The extension will be made from the nearest adequately sized
wastewater line.
(2)
All line extensions shall be installed to the farthest
property line of the lot or parcel to be developed or connected. All
wastewater laterals shall be connected to the gravity wastewater line
in a manner approved by the County.
(3)
The size and capacity of the line extension shall
be determined by the capacity needs to meet the projected development
within the drainage area of the service. In the event the County requires
a larger line size than is required to serve the applicant's needs,
the County may absorb the difference in investment between the applicant's
required line size and the line size required by the County. The minimum
wastewater line size is eight inches' diameter. The County shall be
the sole judge of proper line sizing.
(4)
All line extensions will be constructed in existing
public roads, streets, County-owned land, alleys, or easements. The
applicant shall furnish such rights-of-way as are required without
charge to the County within property owned by said applicant and shall
assist the County in securing other rights-of-way necessary to provide
service through property not owned by said applicant.
(5)
The County shall review, approve and inspect all design
and construction of proposed line extensions. All line extensions
shall be in accordance with and in compliance with all applicable
technical provisions of County, state and federal laws. Where the
wastewater system is connected to a municipal system, water and sanitation
district, or other system not owned by the County, the line extension
will additionally be in accord with and will comply with applicable
municipal codes, ordinances and regulation of that municipality, the
water and sanitation district, or other system.
C.
The total cost for the line extension as set forth
shall be paid by the applicant. The costs shall be subject to future
refunds to that applicant, if wastewater service is provided to a
new customer, under the following terms and conditions:
(1)
Connection is within 10 years from the date of the
original line extension agreement between the County and applicant.
(2)
The new customer's property abuts applicant's line
extension (other than at the end of applicant's line extension where
the new customer's line extension is to begin).
(3)
The County connects the line extension for said new
customer's wastewater service to applicant's line extension.
(4)
The refund amount to the applicant shall be determined
based on a front-foot basis for individual lots or on an acreage basis
for undeveloped tracts. The amount shall be calculated as a percentage
of the footage and/or acreage for the total parcels already connected
and to be connected to applicant's line extension.
(5)
Refunds made under this provision shall not exceed
the amount of applicant's contribution to construction less that portion
needed to serve applicant.
D.
The determination of whether the line extension for
a new customer's wastewater service should be connected to an existing
line extension shall be made by the County at its discretion based
on engineering considerations and the County's plans for the development
of its wastewater system.
E.
Where extenuating circumstances exist and at the sole
option of the County, an extension may be made under a special long-term
contract, provided the contract terms are such that no adverse effects
will be imposed on the County's existing customers.
F.
Special conditions which affect the furnishing of
wastewater service to an applicant such as elevation, terrain, capacity
and other conditions resulting in increased costs to the County in
providing wastewater service shall be taken into consideration by
the County, and the cost thereof shall be included in estimating the
cost of providing service.
G.
In addition to the costs for the sewer line extension,
the property applicant must pay the administrative set-up charge and
the one-time charge as established in this chapter.[2]
H.
The County shall not under any condition be required
to make an extension that would be unprofitable and thereby cause
undue hardship to existing customers.
I.
The provisions of this rule apply to connections to
line extensions already in existence and line extensions installed
after the effective date of this chapter.
The purpose of this section is to define the
County policy for accepting ownership and operation and maintenance
of wastewater infrastructure and facilities constructed after an approved
development or building process as outlined in Chapter 300, Subdivision
of Land, Chapter 250, Land Use and Zoning,[1] and the building permit process.[2]
A.
All infrastructure to be transferred will be agreed
upon prior to approvals as set forth in this section. Acceptance of
the infrastructure and facilities shall be at the County's sole discretion.
B.
C.
After final inspection and final certification by
the County, the developer will provide as-built drawings, hard copy
and electronic versions for the infrastructure to be transferred.
D.
The developer will provide easements and title documents
to the County on forms provided by the County or approved by the County.
