Chapter 13.05 INDUSTRIAL WASTE REGULATIONS

“BOD” (denoting biochemical oxygen demand) shall mean the quantity of oxygen utilized in the biochemical oxidation of organic matter by standard methods procedure in five days at 20 degrees centigrade expressed in milligrams per liter (mg/l).

“COD” (denoting chemical oxygen demand) is a measure of the oxygen-consuming capacity of organic and inorganic matter present in wastewater as milligrams per liter (mg/l).

“Garbage” shall mean solid wastes from the preparation, cooking and dispensing of food, and from the handling, storing and sale of produce.

“Industrial liquid wastes” shall mean all waterborne solids, liquids or gaseous wastes resulting from any industrial, manufacturing or food processing operation or process, or from the development of any natural resource, or any mixture of these with water or domestic sewage as distinct from normal domestic sewage. Industrial manufacturing processes shall include, but are not limited to, ordnance and accessories; food and allied products; tobacco manufacturers; textile mill products; apparel and other finished products made from fabrics and similar materials; lumber and wood products, except furniture; furniture and fixtures; printing, publishing, and allied industries; chemicals and allied products; petroleum refining and related industries; rubber and miscellaneous plastics products; leather and leather products; stone, clay, glass, and concrete products; primary metal industries; fabricated metal products, except ordnance, machinery and transportation equipment; machinery, except electrical; electrical machinery, equipment and supplies; transportation equipment; professional, scientific and controlling instruments; photographic and optical goods; watches and clocks; and miscellaneous manufacturing industries.

“Interference with any wastewater treatment process” shall mean any condition or combination of conditions which cause degradation of the operational efficiency of a wastewater facility.

“Normal domestic wastewater” shall mean waterborne wastes normally discharging from the sanitary conveniences of buildings (including apartment houses and hotels), office buildings, factories and institutions, free from storm surface water and industrial wastes. Normal domestic wastewater shall mean normal for the Village of Cimarron, New Mexico.

“pH” shall mean the logarithm (base 10) of the reciprocal of the hydrogen ion concentration of a solution.

“Public sewer” shall mean a sewer in which all owners of abutting properties shall have equal rights, and is controlled by public authority.

“Sanitary sewer” shall mean the public sewer portion of a wastewater facility which transports wastewater and to which storm, surface and ground water are not intentionally admitted.

“Settleable solids” means those solids which settle during a preselected period of time as expressed in milliliters per liter of sample.

“Standard methods” shall mean the laboratory procedures set forth in the latest edition, at the time of analysis, of Standard Methods for the Examination of Water and Wastewater, as prepared, approved, and published jointly by the American Public Health Association and American Water Works Association and the Water Pollution Control Federation.

“Storm sewer” shall mean a sewer which carries storm and surface waters and drainage, but excludes wastewater and polluted industrial wastes.

“Trap” means a device for retaining sand, silt, grit, mineral material, petroleum solvent, grease or oil by gravity-differential separation from wastewater and of a design and capacity approved by the Village of Cimarron, New Mexico.

“Unpolluted process water” shall mean any water or waste containing none of the following: free or emulsified grease or oil; acids or alkalis, phenols, or other substances imparting taste and odor to receiving water; toxic substances in suspension, colloidal state or solution; and noxious or odorous gases.

“Wastewater” shall mean the used water of a community. Such used water may be a combination of the liquid and waterborne wastes from residences, commercial buildings, industrial plants and institutions.

“Wastewater facilities” shall mean the structures, equipment, and processes required to collect, transport and treat domestic industrial wastes and dispose of the effluent.

“Wastewater treatment works” shall mean an arrangement of devices and structures for treating wastewater, industrial wastes and sludge. Sometimes used as synonymous with waste treatment plant or wastewater treatment plant. [Ord. 92 Art. I, 1972; Ord. 93 § 2, 1972].

13.05.030 Use of public sewers required.

A. It shall be unlawful for any person to place, deposit, or permit to be deposited in any unsanitary manner on public or private property within the Village of Cimarron, or in any area under the jurisdiction of said Village, any human or animal excrement, garbage, or other objectionable waste.

B. It shall be unlawful to discharge to any natural outlet within the Village of Cimarron, or in any area under the jurisdiction of said Village, any sewage or other polluted water, except where suitable treatment has been provided in accordance with subsequent provisions of this chapter.

C. Except as hereinafter provided, it shall be unlawful to construct or maintain any privy, privy vault, septic tank, cesspool or other facility intended or used for the disposal of sewage.

D. The owner of all houses, buildings, or properties used for human occupancy, employment, recreation, or other purposes, situated within the Village and abutting on any street, alley or right-of-way in which there is now located or may in the future be located a public sanitary or combined sewer of the Village, is hereby required at his/her expense to install suitable toilet facilities therein, and to connect such facilities directly with the proper public sewer in accordance with the provisions of this chapter within 90 days after date of official notice to do so; provided, that said public sewer is within 100 feet (30.5 meters) of the property line. [Amended during 2014 codification; Ord. 92 Art. II, 1972].

13.05.040 Private sewage disposal.

A. Where a public sanitary or combined sewer is not available under the provisions of VCMC 13.05.030(D), the building sewer shall be connected to a private sewage disposal system complying with the provisions of this section.

B. Before commencement of construction of a private sewage disposal system the owner shall first obtain a written permit signed by the superintendent. The application for such permit shall be made on a form furnished by the Village, which the applicant shall supplement by any plans, specifications, and other information as are deemed necessary by the superintendent. A permit and inspection fee of $25.00 shall be paid to the Village at the time the application is filed.

C. A permit for a private sewage disposal system shall not become effective until the installation is completed to the satisfaction of the superintendent. He/she shall be allowed to inspect the work at any stage of construction and, in any event, the applicant for the permit shall notify the superintendent when the work is ready for final inspection, and before any underground portions are covered. The inspection shall be made within 24 hours of the receipt of notice by the superintendent.

D. The type, capacities, location, and layout of a private sewage disposal system shall comply with all recommendations of the New Mexico Environmental Improvement Agency. No permit shall be issued for any private sewage disposal system employing subsurface soil absorption facilities where the area of the lot is less than one-half acre (21,780 square feet) where both private water supply and a private sewage disposal system are to be located on the same lot; one-fourth acre (10,890 square feet) where a public water supply is available but a private sewage disposal is located on the lot. No septic tank or cesspool shall be permitted to discharge to any natural outlet.

E. At such time as a public sewer becomes available to a property served by a private sewage disposal system, as provided in subsection (D) of this section, a direct connection shall be made to the public sewer in compliance with this chapter, and any septic tanks, cesspools, and similar private sewage disposal facilities shall be abandoned and filled with suitable material.

F. The owner shall operate and maintain the private sewage disposal facilities in a sanitary manner at all times, at no expense to the Village.

G. No statement contained in this section shall be construed to interfere with any additional requirements that may be imposed by the health officer.

H. When a public sewer becomes available, the building sewer shall be connected to said sewer within 60 days and the private sewage disposal system shall be cleaned of sludge and filled with clean bank-run gravel or dirt. [Amended during 2014 codification; Ord. 92 Art. III, 1972].

13.05.050 Building sewers and connections.

A. No unauthorized person shall uncover, make any connections with or opening into, use, alter, or disturb any public sewer or appurtenance thereof.

B. There shall be two classes of building sewer permits: (1) for residential and commercial services; and (2) for service to establishments producing industrial wastes. In either case, the owner or his/her agent shall make application on a special form furnished by the Village. The permit application shall be supplemented by any plans, specifications, or other information considered pertinent in the judgment of the superintendent. A permit and connection fee of $85.00 for residential, commercial building, or an industrial building sewer permit and connection fee shall be paid to the Village at the time the application is filed.

C. All costs and expense incident to the installation of the building sewer shall be borne by the owner. The owner shall indemnify the Village from any loss or damage that may directly or indirectly be occasioned by the installation of the building sewer.

D. A separate and independent building sewer shall be provided for every building; except where one building stands at the rear of another on an interior lot and no private sewer is available or can be constructed to the rear building through an adjoining alley, court, yard, or driveway, the building sewer from the front building may be extended to the rear building and the whole considered as one building sewer.

E. Old building sewers may be used in connection with new buildings only when they are found, on examination and test by the superintendent, to meet all requirements of this chapter.

F. The size, slope, alignment, materials of construction of a building sewer, and the methods to be used in excavating, placing of the pipe, jointing, testing and backfilling the trench, shall all conform to the requirements of the building and plumbing code or other applicable rules and regulations of the Village. In the absence of code provisions or in amplifications thereof, the materials and procedures set forth in appropriate specifications of the ASTM and WPCF Manual of Practice No. 9 shall apply.

G. No person shall make connection of roof downspouts, exterior foundation drains, areaway drains, or other sources of surface runoff or ground water to a building sewer or building drain which in turn is connected directly or indirectly to a public sanitary sewer.

H. The connection of the building sewer into the public sewer shall conform to the requirements of the building and plumbing code or other applicable rules and regulations of the Village, or the procedures set forth in appropriate specifications of the ASTM and the WPCF Manual of Practice No. 9. All such connections shall be made gastight and watertight. Any deviation from the prescribed procedures and materials must be approved by the superintendent before installation.

I. The applicant for the building sewer permit shall notify the superintendent when the building sewer is ready for inspection and connection to the public sewer. The connection shall be made by and under the supervision of the superintendent or his/her representative.

J. Upon the notification required in subsection (I) of this section, the superintendent shall assume responsibility for and begin all sewer, connections, tapping, excavation and/or construction work in any public right-of-way in order to provide a connection point for public sewer service at the adjacent property line, indicated by the permit.

K. All excavations for building sewer installation shall be adequately guarded with barricades and lights so as to protect the public from hazard. Streets, sidewalks, parkways, and other public property disturbed in the course of the work shall be restored in a manner satisfactory to the Village. [Amended during 2014 codification; Ord. 102 Art. I, II, 1976; Ord. 92 Art. IV, 1972].

13.05.060 Discharge in sanitary sewer prohibited.

No person shall discharge or cause to be discharged any stormwater, surface water, ground water, roof runoff, subsurface drainage, uncontaminated cooling water, or unpolluted industrial process waters to any sanitary sewer. [Ord. 93 § 3, 1972; Ord. 92 Art. V, 1972].

13.05.070 Discharge in designated storm sewers.

Stormwater and all other unpolluted drainage shall be discharged to such sewers as are specifically designated as storm sewers, or to a natural outlet approved by the governing body of the Village of Cimarron, New Mexico. Industrial cooling water or unpolluted process waters may be discharged on approval of the governing body of the Village of Cimarron, New Mexico, to a storm sewer, or natural outlet. [Ord. 93 § 4, 1972; Ord. 92 Art. V, 1972].

13.05.080 Prohibited liquids and wastes.

No person shall discharge or cause to be discharged any of the following described liquids or wastes to any public sewers:

A. Any gasoline, benzene, naphtha, fuel oil, or other flammable or explosive liquid, solid or gas.

B. Any waters or wastes containing toxic or poisonous solids, liquids, or gases in sufficient quantity, either singly or by interaction with other wastes, to injure or interfere with any wastewater facility, constitute a hazard to humans or animals, create a public nuisance, or create any hazard in the receiving waters of the wastewater treatment works, including but not limited to cyanides in excess of two mg/l as CN in the wastes as discharged to the public sewer.

C. Any herbicides and pesticides.

D. Any waters or wastes having a pH lower than 5.5, or having any other corrosive property capable of causing damage or hazard to structures, equipment, and personnel of the wastewater facility.

E. Solid or viscous substances in quantities or of such size capable of causing obstruction to the flow in sewers, or other interference with the proper operation of the wastewater facility such as, but not limited to, ashes, cinders, sand, mud, straw, shavings, metal, glass, rags, feathers, tar, plastics, wood, unground garbage, whole blood, paunch manure, hair and fleshings, entrails and paper dishes, cups, milk containers, etc., either whole or ground by garbage grinders.

F. Any amount of the following heavy metals:

1. Antimony;

2. Arsenic;

3. Barium;

4. Beryllium;

5. Bismuth;

6. Boron;

7. Cadmium;

8. Chromium (Hexa);

9. Chromium (Tri);

10. Cobalt;

11. Copper;

12. Iron;

13. Lead;

14. Manganese;

15. Mercury;

16. Molybdenum;

17. Nickel;

18. Rhenium;

19. Selenium;

20. Silver;

21. Strontium;

22. Tellurium;

23. Tin;

24. Uranyl ion;

25. Zinc.

Dilution of toxic materials and heavy metals in lieu of removal is not acceptable. [Ord. 93 § 5, 1972; Ord. 92 Art. V, 1972].

13.05.090 Harmful wastes.

No person shall discharge or cause to be discharged the following described substances, materials, waters, or wastes if it appears likely in the opinion of the governing body of the Village of Cimarron, New Mexico, that such wastes can harm the wastewater facility, or equipment, have an adverse effect on the receiving stream, or can otherwise endanger life, limb, public property, or constitute a nuisance. In forming an opinion as to the acceptability of these wastes, the governing body of the Village of Cimarron, New Mexico, will give consideration to such factors as the quantities of subject wastes in relation to flows and velocities in the sewers, materials of construction of the sewers, nature and capacity of the wastewater facility, degree of treatability of wastes in the wastewater treatment works and other pertinent factors. The substances which must be considered include but are not limited to the following:

A. Any liquid or vapor having a temperature higher than 150 degrees Fahrenheit (650 degrees Celsius).

B. Any water or waste containing fats, grease, wax, or oils, whether emulsified or not, in excess of 100 mg/l or containing substances which may solidify or become viscous at temperatures between 32 and 150 degrees Fahrenheit (zero and 65 degrees Celsius).

C. Any garbage that has not been properly shredded. The installation and operation of any garbage grinder larger than those normally manufactured and sold for residential and noncommercial use will not be installed without specific review and approval by the governing body of the Village of Cimarron, New Mexico.

D. Any waters or wastes containing strong acid, iron pickling wastes, or concentrated plating solutions cannot be discharged to the wastewater facility unless completely neutralized and approved by the governing body of the Village of Cimarron, New Mexico, for discharge.

E. Any waters or wastes containing reducing substances of an organic or inorganic nature, toxic or nontoxic, which exert an immediate chlorine demand not be discharged into the wastewater facility if discharge of such agents will prevent the achievement of an adequate chlorine residual in the effluent of the wastewater treatment works.

F. Any waters or wastes containing phenols or other taste- or odor-producing substances, in concentrations exceeding limits established by the governing body of the Village of Cimarron, New Mexico, after treatment of the composite sewage, to meet the requirements of the state, federal, or other public agencies of jurisdiction for such discharge to the receiving waters.

G. Any radioactive wastes or isotopes of such half-life or concentrations as may exceed limits established by the governing body of the Village of Cimarron, New Mexico, in compliance with applicable state and federal regulations.

H. Any waters or wastes having a pH in excess of 9.5.

I. Materials which exert or cause:

1. Unusual concentrations of inert suspended solids (such as, but not limited to, Fullers earth, lime slurries and lime residues) or of dissolved solids (such as, but not limited to, sodium chlorine and sodium sulfate).

2. Excessive discoloration (such as, but not limited to, dye wastes and vegetable tanning solutions).

3. Unusual chemical oxygen demand, or biochemical oxygen demand, or chlorine requirements in such quantities as to constitute a significant load on the wastewater treatment works.

4. Slugs or shocks constituting an unusual volume of flow or concentration of wastes which will disturb the normal functioning of the wastewater facility.

5. Waters or wastes containing substances which are not amenable to treatment or reduction by the wastewater treatment works employed, or are amenable to treatment only to such degree that the effluent cannot meet the requirements of agencies having jurisdiction over discharge to the receiving waters. [Ord. 93 § 6, 1972; Ord. 92 Art. V, 1972].

13.05.100 Illegal discharge – Action by Village.

If any waters or wastes are discharged or are proposed to be discharged to the public sewers, which waters contain the substances or possess the characteristics enumerated in VCMC 13.05.090, and which in the judgment of the governing body of the Village of Cimarron, New Mexico, may have a deleterious effect upon the wastewater facilities, or receiving waters, or which otherwise create a hazard to life or constitute a public nuisance, the governing body of the Village of Cimarron, New Mexico, may:

A. Reject the wastes;

B. Require pretreatment to an acceptable condition for discharge to the public sewers; or

C. Require control over the quantities and rates of discharge.

If the governing body of the Village of Cimarron, New Mexico, permits the pretreatment or equalization of waste flows, the design and installation of the plants and equipment shall be subject to the review and approval of the governing body of the Village of Cimarron, New Mexico, and state and subject to the requirements of all applicable codes, ordinances, and laws. [Ord. 93 § 7, 1972; Ord. 92 Art. V, 1972].

13.05.110 Testing.

Testing of an industrial waste will be performed at least twice a year or whenever found necessary by the governing body of the Village of Cimarron, New Mexico. The person discharging the waste shall be liable for payment of all costs arising from the testing of the industrial waste. [Ord. 93 § 8, 1972].

13.05.120 Grease, oil, and sand traps.

Grease, oil, and sand traps shall be provided when, in the opinion of the governing body of the Village of Cimarron, New Mexico, 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. All traps shall be of a type and capacity approved by the governing body of the Village of Cimarron, New Mexico, and shall be located as to be readily and easily accessible for cleaning and inspection. Grease and oil traps shall be installed in all new filling stations, garages, restaurants and other new facilities wherein heavy discharge of grease and oil is to be expected. [Ord. 93 § 9, 1972; Ord. 92 Art. V, 1972].

13.05.130 Treatment and flow-equalizing facilities.

Where preliminary treatment or flow-equalizing facilities are provided for any industrial liquid wastes, they shall be maintained continuously in satisfactory and effective operation by the owner at his/her expense. [Amended during 2014 codification; Ord. 93 § 10, 1972; Ord. 92 Art. V, 1972].

13.05.140 Manhole installation.

When required by the governing body of the Village of Cimarron, New Mexico, the owner of any property serviced by a building sewer carrying industrial liquid wastes shall install a suitable control manhole together with such necessary meters and the appurtenances in the building sewer to facilitate observation, sampling, and measurement of the wastes.

Such manhole, when required, shall be accessibly and safely located, constructed in such a manner as to prevent infiltration of ground and surface waters, and should be constructed in accordance with plans approved by the governing body of the Village of Cimarron, New Mexico. The manhole shall be installed by the owner at his/her expense, and shall be maintained by him/her so as to be safe and accessible at all times. [Amended during 2014 codification; Ord. 93 § 11, 1972; Ord. 92 Art. V, 1972].

13.05.150 Analyses.

All measurements, tests, and analyses of the characteristics of waters and wastes shall be determined in accordance with the latest edition of Standard Methods for the Examination of Water and Wastewater, published jointly by the American Public Health Association, and American Water Works Association and the Water Pollution Control Federation, and shall be determined at the control manhole provided, or upon suitable samples taken at said control manhole. The control manhole shall be located so that sampling of the industrial waste will be performed before discharge into the public sewer system.

Sampling shall be carried out by customarily accepted methods to reflect the effect of constituents upon the wastewater treatment works and to determine the existence of hazards to life, limb, and property. (The particular analyses involved will determine whether a 24-hour composite of all outfalls of a premises is appropriate or whether a grab sample or samples should be taken. Normally, but not always, COD, BOD, and settleable solids analyses are obtained from 24-hour composites of all outfalls, whereas pHs are determined from periodic grab samples.) [Ord. 93 § 12, 1972; Ord. 92 Art. V, 1972].

13.05.160 Industrial concern.

No statement contained in VCMC 13.05.060 through 13.05.150 shall be construed as preventing any special agreement or arrangement between the Village and any industrial concern whereby an industrial waste of unusual strength or character may be accepted by the Village for treatment, subject to payment therefor, by the industrial concern. [Ord. 92 Art. V, 1972].

13.05.170 Protection from damage.

No unauthorized person shall maliciously, willfully or negligently break, damage, destroy, uncover, deface, or tamper with any structure, appurtenance, or equipment which is a part of the sewage works. Any person violating this provision shall be subject to immediate arrest under charge of disorderly conduct. [Ord. 92 Art. VI, 1972].

13.05.180 Powers and authority of inspectors.

A. The superintendent and other duly authorized employees of the Village bearing proper credentials and identification shall be permitted to enter all properties for the purpose of inspection, observation, measurement, sampling, and testing in accordance with the provisions of this chapter. The superintendent or his/her representatives shall have no authority to inquire into any processes including metallurgical, chemical, oil, refining, ceramic, paper, or other industries beyond that point having a direct bearing on the kind and source of discharge to the sewers or waterways or facilities for waste treatment.

B. While performing the necessary work on private properties referred to in subsection (A) of this section, the superintendent or duly authorized employees of the Village shall observe all safety rules applicable to the premises established by the company and the company shall be held harmless for injury or death to the Village employees and the Village shall indemnify the company against loss or damage to its property by Village employees and against liability claims and demands for personal injury or property damage asserted against the company and growing out of the gauging and sampling operations, except as such may be caused by negligence or failure of the company to maintain safe conditions as required in VCMC 13.05.130.

C. The superintendent and other duly authorized employees of the Village bearing proper credentials and identification shall be permitted to enter all private properties through which the Village holds a duly negotiated easement for the purpose of, but not limited to, inspection, observation, measurement, sampling, repair, and maintenance of any portion of the sewage works lying within said easement. All entry and subsequent work, if any, on said easement, shall be done in full accordance with the terms of the duly negotiated easement pertaining to the private property involved. [Amended during 2014 codification; Ord. 92 Art.VII, 1972].

13.05.190 Rate schedule.

The governing body of the Village of Cimarron, New Mexico, shall take necessary steps to establish a rate schedule for sewer service that assures an equitable system of cost recovery. The purpose hereof is that the industrial users shall pay for the costs incurred by the governing body of the Village of Cimarron, New Mexico, in the construction, operation and maintenance of that portion of the wastewater facilities related to industrial wastes. [Ord. 93 § 13, 1972].

13.05.200 Cost recovery system.

The cost recovery system shall satisfy the following conditions:

A. The apportionment of costs must take into consideration the individual industrial user’s contribution as related to the total waste load, taking into account the volume and strength of all discharges.

B. The costs to be considered should include, but are not limited to:

1. Amortization of the applicant’s indebtedness for the cost of the treatment facilities (plant and interceptors).

2. Operation and maintenance of the treatment facilities.

3. Any additional costs which are necessary to assure adequate treatment on a continuous basis.

C. Substantial prepayment of the capital investment or other financial commitments will be required from each industry that contributes 30 percent or more of the total volume or strength of the waste load to be treated by the project. [Ord. 93 § 14, 1972].

13.05.210 Industrial liquid waste discharge.

A charge will be assessed against persons discharging industrial liquid wastes which are of a greater strength and volume than normal untreated domestic wastewater. Normal untreated domestic wastewater is defined as having a maximum yearly average biochemical oxygen demand and chemical oxygen demand not in excess of 200 milligrams per liter and 400 milligrams per liter, respectively. The same sewage is considered to contain settleable solids not in excess of 5.0 milliliters per liter. The annual industrial charge will be the largest value which results from application of the following mathematical relationships:

Where:

IC = Industrial charge, dollars per year.

V = Volume discharge, gallons per year.

SS = Settleable solids of a given industrial waste, mg/l.

a = That fraction of the total cost which is attributable to settleable solids removal.

b = That fraction of the total cost which is attributable to either chemical oxygen demand removal or biochemical oxygen demand removal.

A = Basic annual charge levied for being connected, whether or not sewage or other wastewaters are being discharged to the system, in dollars per year.

K = Annual charge per unit volume of waste, in dollars per 1,000,000 gallons.

COD = Chemical oxygen demand of a waste, mg/l.

BOD = Biochemical oxygen demand of a waste, mg/l.

If settleable solids concentration is less than five mg/l, chemical oxygen demand is less than 400 mg/l, and biochemical oxygen demand is less than 200 mg/l, the charge shall be based on volume alone, and the following formula shall apply:

IC = A + (K)(V)

where the terms are as defined above. [Ord. 93 § 15, 1972].

13.05.220 Permit system.

A. No person or persons will construct any private sewage disposal system or connect or attempt to connect any sewage system to the public sewage system without first having filed a request for an inspection or connection permit with the village clerk-administrator of Cimarron and subsequently received approval of such permit. Inspection or connection permit fees are payable at the time of filing and are nonrefundable.

B. A permit for construction or installation of private sewage disposal facilities will only be filed after it has been determined that the provisions of VCMC 13.05.020(D) and 13.05.030(A) through (H) have been fully complied with. Filing fee for a private sewage disposal system will be $25.00 (see Illustration No. 1 attached to the ordinance codified in this section).

C. A permit for construction and connection of residential and commercial building sewers will be filed with the Village of Cimarron and approval received before any person or persons construct, connect or attempt to connect any sewer to the public sewer system. The filing fee for a residential or commercial building sewer connection permit is $85.00 (see Illustration No. 2 attached to the ordinance codified in this section).

D. A permit for construction and connection of an industrial sewer to the public sewer system will be filed with the Village of Cimarron and approval received before any person or persons construct, connect or attempt to connect their industrial sewer to the public sewer system. The filing fee for an industrial sewer connection is $85.00 (see Illustration No. 3 attached to the ordinance codified in this section).

E. All construction will be inspected by the superintendent or his/her representative before it is covered up. All grades, systems and materials used will conform to the recommendations of the New Mexico Environmental Improvement Agency and other standards as directed by the Village of Cimarron, or the state of New Mexico (New Mexico Plumbing Code). [Amended during 2014 codification; Ord. 102 Art. III, 1976; Ord. 92 Art. IX, 1972].

13.05.230 Violation – Penalty.

Every person convicted of a violation of this chapter shall be punished by a fine of not more than $300.00 or by imprisonment for not more than 90 days or both and each day this chapter is violated shall constitute a separate offense. The conviction and punishment of any person for a violation shall not excuse or exempt such person from the payment of any fee due or unpaid at the time of such conviction and nothing herein shall prevent a criminal prosecution of any violation of the provisions of this chapter.

All remedies prescribed or liens created hereunder or under the provisions of the law for collection and enforcement of the fees shall be cumulative and the use of one or more remedies by the Village of Cimarron shall not bar the use of any other remedy for the purpose of enforcing the provisions of this chapter or any liens created by the law. The fees fixed by this chapter shall be a lien in favor of the Village of Cimarron upon the personal property of the person used in connection with the sewer use which gave rise to the fee and such lien shall be imposed, collected, enforced and paid as provided by the law. No property of any person shall be exempt from levy and sale of execution issued for the collection of a judgment for any fee imposed by this chapter. [Ord. 93 § 16, 1972; Ord. 92 Art. VIII, 1972].