Chapter 51 WATER AND WASTEWATER RULES AND RATES

(A) This chapter shall cover all water and wastewater services furnished by the City of Rio Rancho Utilities Department. This chapter is intended to promote adequate water and wastewater service to the public and to provide standards for uniform and reasonable service.

(B) Conformed copies of this chapter are available for inspection at the City Clerk’s Office or online at www.rrnm.gov.

(Am. Ord. 18-14)

51.02 DEFINITIONS AND EXPLANATIONS.

The following definitions shall apply:

ADMINISTRATIVE FEE. The fee required to have the water and wastewater service put into a customer’s name including the cost for initial meter reading.

BLANKET DEPOSIT. A deposit required of a customer to cover more than one water service location for which that customer is responsible for payment.

CHRONICALLY DELINQUENT. The status of a customer whose service, during the prior 12 months, has been disconnected by the utility for nonpayment, or who, during the prior 12 months, has not paid a bill by the date that a subsequent bill is rendered on three or more occasions.

CITY. The City of Rio Rancho.

CITY CUSTOMER CLASS. The water and wastewater classification for all individually metered or master metered municipally owned or leased facilities such as parks, libraries, prisons, city halls, court houses, or other similar type facilities used for billing purposes.

COMMERCIAL CUSTOMER CLASS. The water and wastewater classification for all master metered or individually metered commercial facilities used for billing purposes.

CONNECTION FEE. A charge to connect to the water utility system.

CONSTRUCTION DEPOSIT. A fee charged to secure payment for any damage done to the meter setting during the construction of a structure for which it serves.

CUSTOMER. Any person, firm, association, corporation, or any agency of the federal, state, county or local government, being supplied with or responsible for payment for water or wastewater service.

CUSTOMER’S WATER LINE. A customer’s water line owned and installed by the customer on the customer’s side of the meter.

DELINQUENCY CHARGE. A charge of one and one-half percent per month assessed on any amount owed, which accrues daily after the amount owed is deemed delinquent.

DELINQUENT. The status of an account, on a customer bill, which remains unpaid after the due date of the bill.

DISCONTINUANCE OF SERVICE. An intentional cessation of service not voluntarily requested by a customer.

ESTIMATED BILL. A bill for service which is not based on an actual reading of the customer’s meter, or other measuring device, for the period billed.

FIRE HYDRANT METERS. City-owned hydrant meters available to customers for a fee for construction or nonpotable purposes.

GOVERNING BODY. The members of the City Council and Mayor.

INDUSTRIAL CUSTOMER CLASS. The water and wastewater classification for all individually or master metered industrial facilities such as manufacturing plants, food processing plants, plating operations or any other type of industry that regularly uses more than 10,000,000 gallons per month at a facility used for billing purposes.

INSTALLATION FEE. A charge for the installation of a new meter, meter can, installation of service lines, meter settings, inspection of new service connections, and the cost of a five-eighths-inch meter for water service.

IRRIGATION CUSTOMER CLASS. The water and wastewater classification for all individually or master metered water serving landscaping, turf, lakes and pools used for billing purposes.

LATE FEE. An additional charge added to a bill that is not paid in full by the due date. The late fee shall be 10% of the past due balance.

METER SETTING. A meter box, fittings, and the water meter.

MONTHLY SERVICE CHARGE. A fixed monthly rate based on the size of meter.

MULTI-FAMILY RESIDENTIAL CUSTOMER CLASS. The water and wastewater classification for one meter connected to two or more dwellings each designed for occupancy by a single family. Such dwellings may include townhouses, condominiums, duplexes, triplexes, multiplex apartments, and trailer and mobile home parks used for billing purposes.

POINT OF SERVICE. Where the city’s water facilities connect to the service meter for the customer.

RECONNECT CHARGE. A charge at the time application is made for reconnection of water service at a place where involuntary disconnection of service has occurred.

RENDITION OF A BILL. The date of mailing or personal delivery of a bill by the utility.

RESIDENTIAL SERVICE OR USE. The provision of or use of water for household or domestic purposes.

SECURITY DEPOSIT. The guarantee of payment fee that may be required based upon the customer’s credit rating.

SETTLEMENT AGREEMENT. An agreement between the utility and customer to settle a disputed or outstanding bill, often through a payment plan.

SEWER LATERAL or SEWER SERVICE LINE. An individual customer’s sewer pipe beginning at the public sewer and extending to the premises actually served. The sewer lateral shall be maintained by the customer. The sewer lateral includes the stub to which a customer connects. The term is interchangeable with the term “service line,” “house service connection,” or “building served.”

SEWER MAIN LINE. The pipeline in the street or right-of-way that collects wastewater from the sewer lateral coming from the premises.

SINGLE-FAMILY RESIDENTIAL CUSTOMER CLASS. The water and wastewater classification for all individually metered single-family homes, townhouses, manufactured housing, mobile homes affixed to a lot, apartments and condominiums (including apartments that have been converted to condominiums) used for billing purposes.

UNAUTHORIZED CONNECTION. A connection other than at the location authorized by the utility.

UNAUTHORIZED USE. Any use of water not authorized by the utility.

UTILITY. City of Rio Rancho Utilities Department.

UTILITY CHARGES. The billing or charges for the provision of service and other charges authorized by the Governing Body pursuant to approved rates, fees, and charges.

VOLUME CHARGE. A rate per 1,000 gallons of water and/or wastewater used each month based on a customer’s account classification.

WASTEWATER SERVICE. The general term for furnishing the customer with sewer disposal service.

WATER MAIN LINE. The pipeline in the street or right-of-way that delivers water to the water service line.

WATER SERVICE. The general term for furnishing the customer with water and may include the pipe connection from a distribution water main line to a customer as provided herein.

WATER SERVICE LINE. The water line running from the water main line to the water meter.

YARD LINE. The water line owned and installed by the customer on the customer’s side of the meter.

(Am. Ord. 04-044; Am. Ord. 15-18; Am. Ord. 17-02; Am. Ord. 18-14)

51.03 CHARACTER OF SERVICE.

(A) Water and wastewater services for municipal use and fire protection will be furnished under conditions as stated in this chapter and the applicable utility’s rate schedules as approved by the Governing Body.

(B) Each separate service or meter location will be metered and billed separately.

(C) Fees, deposits and penalties shall be imposed by the service or meter location only, regardless of whether the customer is receiving water service, sewer service, or both.

(D) Water service under this chapter shall not be resold, submetered, or diverted to other customers.

(E) All changes in the fees, charges, and schedules in this chapter shall apply to all customers when such changes have been approved by the Governing Body and after the effective date of the changes.

(F) Under normal operating conditions, including expected peak demand, the water pressure at the customer’s meter connection shall not be less than 30 pounds per square inch (p.s.i.) or more than 125 p.s.i. Customers with pressure in excess of 80 p.s.i. are responsible for installation of a pressure regulating device downstream of the meter in conformance with the Uniform Plumbing Code.

(Am. Ord. 15-18; Am. Ord. 17-02; Am. Ord. 18-14)

51.04 APPLICATION FOR SERVICE.

(A) To obtain water or wastewater service, any customer or its duly authorized representative shall apply in person, on the city website, by email, or by facsimile with the Utilities Department of the City of Rio Rancho, New Mexico. A representative shall file proof of agency at or before the time of application. All new accounts will be assessed an administrative fee by the city.

(B) A customer with a new point of service will be charged a connection fee and an installation fee by the city to cover administrative processing, plan approval, installation of service lines, meter settings, inspection of new service connections, and the cost of a five-eighths-inch meter for water service. All meters larger than five-eighths-inch size shall be approved by the utility as to size and type of meter including the city-specified meter vault/box and fittings. The customer will be charged all additional costs beyond the cost of a five-eighths-inch meter and meter setting.

(C) The customer must provide all information requested on applications for water and sewer service in order to obtain service, or the service will be subject to a deposit requirement. Should any portion of the requested information be omitted for any reason, a security deposit shall be required of the customer to protect the interests of the city.

(D) All single-family residential, multi-family residential, commercial, industrial, city, irrigation customers including developers, builders, contractors, and real estate companies must acquire service in the name of the corporation, company, or individual who will be responsible for all charges incurred on the account, and provide all required information to the city. A list of all authorized customer personnel signing for service must be provided via the application to the utility.

(E) The city shall inspect all piping, connections to the mains, and installation of the meter and appurtenant equipment. Such equipment, piping, connections and installation shall meet specifications set by the Utilities Department, and approved by the city before a certificate of occupancy can be issued. If such piping or installation is found to be faulty, the utility may refuse to provide service until such faulty installation has been corrected to the satisfaction of the Utilities Department. The city shall not be held liable for failure of such piping or installations.

(F) A contractor with new points of service shall be charged a construction deposit to cover any and all cost to the city to repair meter settings damaged during construction of the structure which it serves. A blanket construction deposit may be used for customers having more than seven open water service accounts. When the installation passes inspection or the utility has repaired the installation and the water service account is closed out of the builder’s name, the deposit, less any repair cost and final bill cost, will be refunded.

(Am. Ord. 04-044; Am. Ord. 18-14)

51.05 RENDERING AND PAYMENT OF BILLS.

(A) The utility shall render a bill to every customer for each billing period in accordance with applicable tariffs.

(B) Billings under this chapter may be increased by an amount equal to the sum of taxes payable under the Gross Receipts and Compensating Tax Act, NMSA § 7-9-1 et seq., and of all other taxes, fees, or charges (exclusive of ad valorem taxes) payable by the utility and levied or assessed by any governmental authority on the service rendered, or on the right or privilege of rendering the service, or on any object or event incidental to the rendition of the service.

(C) When billing for concurrent water and sewer services at a single location, the usage and charge attributable to each such service shall be clearly set forth on the bill. Utility services to multiple locations billed to a single customer shall be separately stated for each location.

(D) All customers shall have at least 21 calendar days from the date of rendition of a bill for payment in full before the bill is deemed delinquent. A late fee will be assessed to the customer that is a percent of the amount owed. A delinquency charge per month, which accrues daily, will be assessed to the customer on any amount which remains unpaid after the due date. These fees and charges are in Section 51.12(D). Each calendar year, a customer will be allowed one late payment without penalty.

(E) Customers on a low, fixed income may submit an application for a delayed payment due date that is different from the due date set forth in subsection (D) of this section. The customer must provide proof of low, fixed income status to the utility prior to the utility approving the application.

(F) All customers shall be notified by mail at least 15 calendar days from the date the bill is deemed delinquent before the utility may disconnect the customer’s utility service, pursuant to the requirements of Section 51.09.

(G) If the last day for payment of a bill falls on a Saturday, Sunday, legal holiday or any other day when the offices of the utility are not open to the general public, the final payment date shall be extended through the next business day.

(H) The utility shall assess a returned check charge to the customer in the event the customer’s check or bank draft is returned by the bank for insufficient funds, closed account, or other appropriate reason.

(I) Pursuant to NMSA § 3-23-1 et seq., the city may file a lien on property for outstanding charges including any interest or penalties.

(Am. Ord. 04-044; Am. Ord. 18-14)

51.06 SECURITY DEPOSITS, GUARANTEES OF PAYMENT.

(A) Security deposits or guarantees. The utility shall require a security deposit or other guarantee of payment from the customer as a condition of new or continued service to any customer for:

(1) A customer who has not previously had utility service with the utility and who has not established an acceptable credit rating;

(2) As a condition for reconnection of service following discontinuance of service by the utility;

(3) Any customer who, in an unauthorized manner, has interfered with or diverted the service of the utility situated on, about, or delivered to the customer’s premises; or

(4) Provisions pursuant to Section 51.04(C).

(B) Requirements for security deposits. Deposits will be charged to the customer as follows and in accordance with Section 51.12(D):

(1) Deposits shall be charged for single-family residential customers.

(2) Deposits shall be charged and be equal to three months’ utility charges for a like and similar customer for commercial, multi-family residential, industrial and reclaimed water customers.

(3) Temporary service for major construction projects will require a deposit for the meter and fittings and the customer will report the meter readings monthly. The meter must be made available to the city upon request for verification purposes.

(1) Letters of reference will be accepted for single-family residential customers, in lieu of cash deposits, only if the letter of reference is provided by any of the customers’ previous utility companies as evidence that a good credit record has been maintained within the last 12 months. Good credit with the city includes, but is not limited to: no more than one late payment in the most recent 12-month period, no disconnections of service for nonpayment, and no returned checks.

(2) Those customers with an active single-family residential account and who require service at another single-family residential location may obtain the additional service with no required deposit. This is contingent upon the customer having the account for a minimum of one year and who has made timely payments. A deposit may be required for all locations of service should either account become delinquent.

(3) Service for a customer may be started with a co-signer who has an active account with the utility, if the co-signer meets all of the requirements of a good credit customer. Any delinquent payments of the customer will be transferred to the co-signer’s account for collection.

(4)(a) Customers shall provide the following information to the utility when establishing an acceptable credit rating:

1. State-issued picture identification; and either

2. Previous address; or

3. Current employment.

(b) If a customer withholds or falsifies any information given to the utility, then the utility shall require a deposit for service.

(5) If a prospective customer cannot establish an acceptable credit rating but previously received utility service under the name of a spouse, then the utility may consider service to that spouse in determining whether, and in what amount, a security deposit will be charged to the customer.

(D) Refund of deposits, termination of guarantees for all customers.

(1) Any customer who has not been chronically delinquent during the 12-month period from the date of deposit or guarantee shall receive a credit in the amount of the deposit. If the amount of the deposit exceeds the amount of the current bill, the customer may request a refund in the amount of the excess, if such excess exceeds $10. If the customer fails to qualify for a refund of the deposit on the first anniversary date of the deposit, the utility shall review the account in future audit periods for refund qualification.

(2) Unclaimed deposits shall be handled as provided by law.

(3) When an account is closed, and a deposit remains on the account, the deposit shall be applied towards the final payment and any balance.

(4) Even though the customer may be unable to produce the original receipt for the deposit, as long as the customer can produce adequate identification to ensure that the customer is entitled to refund of the deposit, then the utility shall provide means whereby a customer entitled to a return of deposit is not deprived of the deposit refund.

(E) Records of deposits. The utility shall:

(1) Keep records to show:

(a) The name and address of each depositor;

(b) The amount and the date of the deposit; and

(2) Issue a receipt of deposit to each customer from when a deposit is received and the utility shall provide means whereby a depositor may establish his claim if his receipt is lost;

(3) Maintain a record of each unclaimed deposit for at least three years during which time the utility shall mail a check or a letter to the customer at his last known address in an effort to return the deposit;

(4) Credit unclaimed deposits to the appropriate account and otherwise handle such deposits as required by the Uniform Disposition of Unclaimed Property Act of the State of New Mexico.

(Am. Ord. 03-029; Am. Ord. 04-044; Am. Ord. 18-14)

51.07 DISPUTED BILLS.

(A) Investigations. In the event the customer disputes the amount of a bill for services rendered, the utility shall promptly make a complete investigation of the matter, and, if the bill is correct, use its best efforts to explain the questionable points to the customer. If the bill is in error, the utility shall correct the amount as promptly as circumstances permit.

(B) Eligibility. It is the policy of the city not to adjust utility billing of its customers. A customer may qualify for relief from a water service line break, a building water line break or leak if the following conditions are met:

(1) The monthly bill in question must exceed the customer’s last six-month average consumption by 25%.

(2) The customer must establish the fact that:

(a) The leak or break was beyond the customer’s control;

(b) The customer did not and could not have reasonably detected the problem earlier;

(d) The customer must prove that repair has been completed satisfactorily by supplying copies of the repair receipts, etc., to the utility.

(C) Calculation. The utility will calculate the amount of relief by determining the customer’s average water bill for the previous six months. If the customer has had service at that address for less than six months, the utility will determine the customer’s average water use for the period of service by using one-half of the difference between the actual water bill and the previous month’s bill.

(D) Fee. The customer will be charged the adjusted amount as calculated by the Utilities Department.

(E) Determination. The Utilities Department shall have the authority to determine the eligibility for the adjustment under these guidelines and shall grant abatement as set forth in this chapter.

(Am. Ord. 18-14)

51.08 SERVICE CONNECTIONS.

(A) General.

(1) The utility shall determine the point of service to any premises. The customer shall contact the utility for exact information regarding the water and/or sewer service line location before any piping in the interior of the building has been started. If such information is not secured, the utility shall not be held liable in any way, and will not assume any responsibility, for changes in piping installation that may result.

(2) No more than one water or sewer service line shall be installed on the premises for any one customer unless agreed to by the utility. If there is more than one water service line on a customer’s premises, each water service line will be separately metered and billed.

(3) Water or sewer service connections shall be made only by a licensed contractor working for, or as an agent of, a customer. The utility shall charge a service connection fee to the customer.

(4) The city shall install all meter settings and the customer shall be charged an installation fee.

(5) All piping and plumbing installations made by the customer, or under responsibility of the customer, shall conform to all applicable codes.

(B) Water service connections.

(1) No more than one single-family residential customer shall be served through any single water service line connection. In the case of a multi-family residential customer, the water service is rendered by a single connection for more than one dwelling unit.

(2) The utility’s water service lines shall terminate at the meter assembly and it shall be the owner’s responsibility, and at the owner’s expense, to install a stop and waste valve and to make the necessary connection from the utility’s water service line to the building or buildings to be served. For those systems providing fire protection, the customer shall install a pressure regulating device and an approved backflow prevention assembly.

(3) All meters are installed as close as possible to the property line, provided there is public access to the meter location. All water service will be provided by the utility through an appropriate type and size meter.

(4) The customer shall install a shutoff valve or equivalent on a yard line (customer’s line) in an accessible place on the premises.

(5) Where the customer’s water pressure requirements are less than the minimum water pressure of 30 p.s.i., or more than the maximum water pressure of 125 p.s.i., then the customer is responsible to provide and install an approved adjustable pressure regulation device at the customer’s expense. Customers shall not connect pumps directly to their water service line.

(6) Backflow prevention assemblies shall be required in the construction of all new commercial, industrial, and public authority services where water is used in any process which, in the opinion of the utility, could constitute a cross-connection or health hazard. The type of backflow prevention assembly to be used shall be determined by the utility (Chapter 54, Backflow Prevention and Cross Connection Control Program).

(7) The customer shall contact the utility for its determination regarding the location of the backflow prevention assembly and the type of backflow prevention assembly required to be used before the customer installs the water service line. If such determination is not secured, the utility shall not be held liable in any way and will not assume any responsibility for expensive changes in piping installation that may result.

(1) Only one sewer connection per single-family residential customer is allowed. In the case of multi-family residential customers, sewer service is provided by one or more connections from the dwelling unit.

(2) It shall be the customer’s responsibility and expense to connect from the utility’s sewer main line to the building or buildings to be served.

(3) The customer shall install a cleanout access or equivalent on a yard line (customer’s line) in an accessible place on their premises.

(4) Wastewater discharge monitoring manholes shall be required in the construction of all new nonresidential sewer lateral lines. Such manholes shall be installed at the customer’s expense at a point on the sewer lateral line to be determined by the utility. The customer shall contact the utility for determination regarding the location of the manhole and the type and size of the manhole apparatus to be used before the customer installs the sewer lateral line. If such determination is not secured, the utility shall not be held liable in any way and will not assume any responsibility for expensive changes in piping installation that may result.

(Am. Ord. 04-044; Am. Ord. 18-14)

51.09 DISCONTINUANCE, DENYING, AND RESTORATION OF SERVICE.

(A) The customer shall notify the utility to terminate or discontinue service and provide the utility with the requested shutoff date. The utility will read the meter the day the account is closed and the customer is liable for all water used on the premises and related fees, charges and penalties until the utility has made the final meter reading.

(B) Any customer desiring that their service be disconnected shall give written notice to the utility at its office during business hours or via facsimile, email, or on the city’s website. The utility will accept and act upon telephone or verbal orders to discontinue service, but in the event of a dispute, only a written notice from the customer is considered proof of notification.

(C) The utility reserves the right to interrupt service for a reasonable period for repairs to its property or equipment.

(D) The utility may discontinue utility service to any customer without prior notice:

(1) In the event the utility determines a hazardous condition; or

(2) In the event of any customer’s use of equipment in such manner as to adversely affect the utility’s equipment or the utility’s service to others; or

(3) In the event of any customer’s tampering with, damaging, or deliberately destroying the equipment furnished and owned by the utility; or

(4) In the event of unauthorized use of service.

(E) The utility may discontinue utility service to any customer with a 15-day prior mailed notice for:

(1) Customer nonpayment of a delinquent account, which includes a check used to avoid shutoff of service that is returned for nonpayment; or

(2) Customer failure to comply with the terms and conditions of a settlement agreement.

The 15-day notice above shall include the following:

(1) A statement of reasons why the utility has issued notice to discontinue utility service to the customer;

(2) The title, address, telephone number and working hours of the utility personnel; and

(3) A statement that the customer can request a review by utility personnel of the reasons for the proposed discontinuance of service. This evaluation by the city shall stay the discontinuance during the review.

(F) The utility may discontinue utility service to any customer with a three-day prior written correspondence for:

(1) Customer refusal to grant access, at reasonable times, to equipment installed upon the premises of the customer for the purpose of inspection, repair, testing, meter reading, maintenance or replacement;

(2) Customer failure to furnish such service, equipment, permit certificates, or rights-of-way that have been specified by the utility as a condition to obtaining service, or if such equipment or permission is withdrawn or terminated by the customer;

(3) Customer violation or noncompliance with this chapter; or

(4) Customer failure to fulfill contractual obligations for utility service or facilities other than settlement agreements.

(G) The utility shall not discontinue service for:

(1) The failure of any customer to pay for services other than water or wastewater;

(2) The failure of any customer to pay for service received at a separate metering point, residence or location. However, in the event of discontinuance or termination of service at a separate metering point, residence or location, the utility may transfer any unpaid balance due to any other service account of the customer and proceed in accordance with subsection (E) of this section;

(3) Customer nonpayment of the disputed amount of the bill; or

(4) Customer delinquency in payment for service to a previous occupant of the same premises unless a court has found the new customer legally liable for the debt of the previous occupant or the previous occupant continues to reside at the premises.

(H) A customer or customer’s agent shall not turn on water service that has been disconnected by the utility. This action will result in an unauthorized use penalty charge to the customer.

(I) If, during a shortage of water supply, the utility finds evidence of excessive waste of water by a customer, or if it becomes necessary to ration water, the utility will advise the customer of such circumstance. The utility may discontinue service if, within 24 hours of receiving such notice from the utility, the customer has failed to correct the condition causing excessive use, failed to comply with rationing orders or failed to demonstrate to the utility’s satisfaction why he cannot comply within this time period. The utility reserves the right to limit each customer to a maximum daily average usage when a water shortage exists and to charge fines for water waste as specified in Chapter 52, Water Conservation – Water Shortage Emergency Response.

(J) Any customer whose water service is involuntarily disconnected will be required to pay a reconnect charge, in addition to all other fees and charges, before being reconnected by the utility.

(K) The utility shall attempt to arrange an installment payment plan for the past due utility charges when a customer, who has not been chronically delinquent, informs the utility of an inability to pay utility charges. While an installment payment plan is being negotiated, the utility shall not discontinue service to the customer. The utility may proceed with discontinuance of service when the installment plan negotiation is discontinued or stalled by the customer.

(L) The utility shall have a procedure for reviewing customer allegations that a proposed installment payment plan is unreasonable; that a utility charge is not due and owing; or that the utility has not violated an existing installment payment plan. Such a procedure shall provide due notice to customers, and the reviewing utility personnel shall have the authority to order appropriate corrective action. Such review shall stay the discontinuance of utility service to the customer until the review is completed.

(M) Utility service to any customer may be involuntarily discontinued by the utility only during the hours from 8:00 a.m. to 3:00 p.m. on Monday through Thursday and service may not be discontinued less than 24 hours prior to a holiday or weekend.

(N) The utility reserves the right to schedule restoration of utility service to the customer on the day following payment of the balance due.

(Am. Ord. 06-43; Am. Ord. 18-14)

51.10 RESPONSIBILITY FOR WATER SERVICE EQUIPMENT.

(A) Utility’s responsibility. The utility assumes no responsibility for the customer’s yard line, the customer’s water service line and sewer lateral line, or any attached appurtenances, with the exception of the water meter.

(B) Customer’s responsibility. The customer shall protect the property of the utility, such as the water meter, installed on the customer’s premises or on the premises under his control.

(Am. Ord. 18-14)

51.11 INTERRUPTION OF SERVICE.

(A) The utility shall use reasonable diligence in providing continuous service and in furnishing a regular and uninterrupted supply of water. The utility does not guarantee uninterrupted service and supply and shall not be liable for damages in case such supply should be interrupted, or fail by reason of an act of God, the public enemy, accidents, strikes, legal process, state, county or municipal interferences, breakdowns or damage to the machinery or supply, processing and distribution, or cause beyond the control of the utility.

(B) The utility reserves the right to discontinue water and/or sewer service for the purpose of making connections or extensions, repairs, raising or lowering of its pipe, alterations, improvements, emergencies, or in connection with utility business and the utility will not be liable for damages occasioned by interruption of, or reduction in, service when such interruptions or reductions are necessary. The utility will give notice in advance of any planned shutoff.

(C) Priority of use. In the event of a shortage of water supply, priority of use shall be followed as specified in Chapter 52, Water Conservation – Water Shortage Emergency Response.

(D) The Governing Body, when necessary for the protection of the public health, safety, and welfare, shall have the authority to declare various stages of water emergencies and to implement the water conservation measures set forth in Section 52.21. The Governing Body shall also have the authority to determine whether the various stages of water emergencies and water conservation measures apply to the entire city utility service area or to such service areas or portions as may be particularly affected.

(Am. Ord. 18-14)

51.12 RATES, FEES, CHARGES AND PENALTIES. Revised 9/24

(A) General.

(1) The rates charged by and paid to the utility for municipal water and sewer service will be the rates legally in effect and approved by the Governing Body. Beginning on July 1, 2025, the rates described in subsection (B) of this section, Monthly water service charges Schedule 1, and subsection (C) of this section, Water volume charges Schedule 2, shall increase by 1.75% annually until a comprehensive water/wastewater utility system rate study is completed in order to adopt a more accurate multi-year rate schedule. The effective date of the rate increase shall be July 1st of each year. Complete rate schedules will be kept at the City Clerk’s Office and the utility office at City Hall as well as on the city website. The rates shall include a monthly service charge and volume charge. These rates do not include tax.

(2) Any and all changes made in the approved rates, or on terms and conditions of service, shall become effective on the date approved by the Governing Body.

(3) Single-family residential customers who do not have water service but are connected to city sewer will be charged a wastewater volume charge based on the class average water volume usage as a whole.

(4) Tax adjustment. Billings under these rates may be increased by an amount equal to the sum of taxes payable under the Gross Receipts and Compensating Tax Act, NMSA § 7-9-1 et seq., and of all other taxes, fees, or charges (exclusive of ad valorem taxes) payable by the utility and levied or assessed by any governmental authority on the public utility service rendered, or on the right or privilege of rendering the service, or on any object or event incidental to the rendition of the service.

(B) Monthly water service charges. Schedule 1. Each water customer will be charged a fixed monthly rate based on the size of their water meter as follows:

Schedule 1 Monthly Water Service Charges
Meter Size (in.)	Fiscal Year (1)
Meter Size (in.)	2024	2025
5/8	$12.57	$12.79
3/4	$12.77	$12.99
1	$14.36	$14.61
1-1/4	$16.70	$16.99
1-1/2	$19.84	$20.19
2	$22.01	$22.40
3	$95.16	$96.83
4	$127.48	$129.71
6	$199.30	$202.79
8	$213.66	$217.40
10	$366.27	$372.68
(1) Fiscal year is the period from July 1st through June 30th.

(C) Water volume charges. Schedule 2. Each customer will be charged a rate per 1,000 gallons of water used based on their customer classification as follows:

Schedule 2 Volume Charges (Cost per 1,000 gallons)
Customer Class	Fiscal Year (1)
Customer Class	2024	2025
Single-Family Residential(2)
First 6,000 gallons	$5.80	$5.90
7,000 to 10,000 gallons	$6.28	$6.39
Over 10,000 gallons	$6.77	$6.89
Multi-Family Residential
2 to 4 housing units	$5.91	$6.01
More than 4 housing units	$6.15	$6.26
Commercial	$6.15	$6.26
Industrial	$5.83	$5.93
City	$5.55	$5.65
Irrigation
Commercial	$6.77	$6.89
City	$6.45	$6.56
Recycled Water	$0.65	$0.65
Bulk Water	$10.00	$10.00
(1) Fiscal year is the period from July 1st through June 30th. (2) In the interest of conserving water, a multi-tiered single-family residential rate structure has been adopted.

(D) Miscellaneous fees, charges and penalties. Schedule 3. Miscellaneous fees, charges, and penalties are applicable to all water and wastewater utility customers as follows:

Schedule 3 Miscellaneous Fees, Charges and Penalties
Administrative Fee	$45.00
Blanket Deposit	At the discretion of the Director of Utilities pursuant to Section 51.04
Connection Fee	$200.00
Change in Meter Size Charge	Based on the actual cost of meter installed, plus additional expenses incurred during installation
Delinquency Charge	1.5% per month on any delinquent amount owed
Late Fees	10% of balance due
Meter Testing Fee	$35.00
Reconnect Charge	$45.00
Returned Check Charge	$25.00
Security Deposits
Single-Family Residential Deposit	$100.00 Based on soft credit check
Multi-Family Residential Deposit	3 months’ billing charge of a similar multi-family residential customer
Commercial Deposit	3 months’ billing charge of a similar commercial customer
Construction Deposit	$700.00
Blanket Construction Deposit	$5,000.00
Meter Setting Installation	$750.00
Water Service Line Installation – Dirt cut, constructed on dirt road	$2,800.00
Water Service Line Installation – Asphalt or concrete cut	$4,200.00
Fire Hydrant Meters	$700.00 deposit per meter
Settlement Agreement	In accordance with the individual agreement with the utility per Section 51.22
Unauthorized Use Penalty	$150.00

(E) Monthly wastewater service charges. Schedule 4. Each wastewater customer will be charged a fixed monthly rate, as follows:

Schedule 4
Monthly Wastewater Service Charges
Meter Size	Fiscal Year(1)
Meter Size	2013	2014	2015	2016	2017
All Sizes	$10.97	$11.83	$12.75	$13.75	$14.82
(1) Fiscal year is the period from July 1st through June 30th.

(F) Wastewater volume charges. Schedule 5.

(1) Based on their customer classification, each wastewater customer will be charged a rate per 1,000 gallons of water used as follows:.

Schedule 5
Wastewater Volume Charge (Charge per 1,000 gallons)
Customer Class	Fiscal Year(1)
Customer Class	2013	2014	2015	2016	2017
Residential, Multi-Family Commercial	$7.70	$8.30	$8.95	$9.65	$10.40
City	$7.32	$7.89	$8.51	$9.17	$9.88
(1) Fiscal year is the period from July 1st through June 30th.

(2) The wastewater volumetric charge is based upon the following calculations:

(a) The customer’s average daily use of water will be determined by dividing the total water sold for the previous winter months of December, January and February by the total number of days in the three-month billing period. The average daily water usage is multiplied by 30.42 days (30.5 days in a leap year) to arrive at a monthly usage for billing purposes (30.42 days = 365 days / 12 months). The wastewater rate per 1,000 gallons, in Schedule 5, subsection (F)(1) of this section, is applied to the monthly usage determined above to arrive at a volumetric wastewater charge for the month. Each customer’s new monthly water usage shall be determined after the end of the February billing cycle and the new wastewater charge is applied to the March bill and continues through the February usage of the succeeding year. The volumetric wastewater charge determined above will remain in effect until the new winter water usage average is determined.

(b) New single-family residential customers who have not had water service during the previous three winter months of December, January, and February will be charged the lesser of:

1. The average 1,000 gallons water use for the single-family residential class as a whole; or

2. For the actual water usage for that month.

The wastewater volume charge will be added to the fixed monthly charge to equal the total wastewater bill, exclusive of tax.

(c) New commercial customers who have not had water service during the previous three winter months of December, January, and February will be charged the commercial wastewater volume charge per 1,000 gallons times 60% of the commercial customer’s actual monthly water usage until such time that the new commercial customer has a winter months’ average based on actual water use. The wastewater volume charge will be added to the fixed monthly rate to equal the total wastewater bill exclusive of tax.

(d) New city customers who have not had water service during the previous three winter months of December, January, and February will be charged the city wastewater volume charge per 1,000 gallons times 60% of the city customer’s actual monthly water usage until such time that the new city customer has a winter months’ average based on actual water use. The wastewater volume charge will be added to the fixed monthly rate to equal the total wastewater bill exclusive of tax.

(e) New multi-family residential customers who have not had water service during the previous three winter months of December, January, and February will be charged the multi-family residential wastewater volume charge per 1,000 gallons according to the average water usage per unit for the multi-family residential class as a whole, times the number of units for the new customer, until such time as the new multi-family residential customer has a winter months’ average based on actual water use. The wastewater volume charge will be added to the fixed monthly rate to equal the total wastewater bill exclusive of tax.

(3) Special wastewater discharge volume. The city recognizes a wastewater customer may have extenuating circumstances where discharges to the city’s sewer main lines are not analogous to the water delivered and consumed by the customer. A customer may provide sewage flow data that is certified by a professional engineer registered with the State of New Mexico to the Director of Utilities to receive a special wastewater volume reduction due to processes of the customer’s business. If the customer is a reseller of water, they must also be certified with the New Mexico Environment Department before they will receive a special wastewater discharge volume reduction. The customer requesting such an adjustment to their wastewater billing calculation shall be solely responsible for the expenses associated with the acquisition of the certified sewage flow data. The customer shall pay their monthly class base fee plus the approved adjusted wastewater flow rate and all other applicable fees. The city retains the right to determine the special wastewater discharge volume. A customer who disputes the special wastewater discharge volume may appeal in accordance with Section 51.23.

(G) Backflow prevention ordinance permit fee schedule. Schedule 6. The City of Rio Rancho Utilities Department shall assess fees associated with the implementation of this chapter. Initial permitting of any customer’s testable backflow prevention assembly, as required by this chapter, will be charged an administrative fee for purposes of inspection, surveying and recording of such assembly. All fees imposed by this chapter are as follows:

Schedule 6
Fees for Backflow Permits
Initial registration of backflow prevention assembly permit	$100

(H) Backflow prevention ordinance enforcement and fees. Schedule 7.

(1) Enforcement. Except as otherwise provided in this chapter, the Director of Utilities or his designee, and the Chief of Police or his designee, including code enforcement officers, shall enforce this chapter, including the inspection of premises and the issuance of notice of violations.

(2) The customer shall immediately install an approved backflow prevention assembly(s) at the customer’s expense; failure, refusal or inability on the part of the customer to install, have tested and maintain said assembly(s) shall constitute a violation and may be grounds for discontinuing water service to the premises until such requirements have been satisfactorily met.

(3) Any person who willfully removes or bypasses any backflow prevention assembly(s) without prior approval of the city, falsifies test records or reports, obtains water from a fire hydrant in violation of cross connection control requirements, connects a building fire protection service to a potable water service, creating a cross connection, or otherwise violates any provision of this chapter shall be subject to the assessment of fees and penalties stated herein:

Schedule 7
Fees and Penalties
Failure to test each backflow prevention assembly as required by ordinance	$500
Falsification of records, which are required to be submitted by ordinance	$500
Removal of any backflow prevention assembly required by ordinance	$500
Failure to use backflow prevention assembly at any fire hydrant	$500
Illegal connection of a potable water line to a fire protection service line	$500

(I) Backflow prevention ordinance violations fees. Schedule 8. Schedule 8 is used when the backflow prevention assembly(s) has been registered with and inspected by the city. The customer shall maintain all reports regarding inspections, tests and all nonscheduled repairs and the customer shall submit reports within seven days. Backflow assembly tester/repairmen shall submit a written copy of the differential gauge calibration reports annually to the Utilities Department.

Schedule 8
Assessment of Fees for Violations of the Ordinance
First violation	Warning notice
Second violation	$50
Third violation	$100
Fourth violation	$150
Fifth violation	$200
Sixth violation	$300

(J) Domestic well permit fee. Schedule 9. A deposit of $200 must be paid by the customer when the domestic well permit application is submitted to the Utilities Department, along with the Office of the State Engineer permit application. Upon completion of the well, inspection of the well by the city, and after the well logs and water quality test results have been provided to the Utilities Department, $100 of this deposit will be refunded.

(K) Domestic well enforcement and fee. Schedule 10.

Schedule 10
Fees and Penalties
Failure to obtain a permit prior to commencing well drilling activity	2 x cost of permit
First violation	$100
Second violation at the same site	$200
The third and any additional violations on the same site shall constitute a misdemeanor offense and shall be punishable by a fine not exceeding	$500

(L) Domestic well violations. Schedule 11. Schedule 11 is used for permit infractions: incorrect setbacks and/or information on the application, surface pad requirements not met, casing height and seal not met, no meter installed, no annual meter readings being sent to the city.

Schedule 11
Assessment of Fees for Violations of the Ordinance
First violation	Warning notice
Second violation	$50
Third violation	$100
Fourth violation	$150
Fifth violation	$200
Sixth violation	$300

(M) Industrial pretreatment program permit fee and violations. Schedule 12. Schedule 12 is used for permit fees and infractions.

Schedule 12
Assessment of Fees for Permit and Violations of the Ordinance
Permit	$350 per year
Violations	$1,000 per day per occurrence

(N) Monthly water rights acquisition fees. Schedule 13.

Schedule 13
Water Rights Acquisition Fee
Type of Service	Fiscal Year(1)
	2013 – 2017(2)
	Minimum Fee (per bill)	Volume Fee (per 1,000 gallons)
Water	$6.00	$0.50
(1) Fiscal year is the period from July 1st through June 30th. (2) Greater of minimum fee or volume fee. Volume fee is product of metered water usage times the volume per 1,000 gallons. Monthly minimum volume 10,000 gallons.

(O) In addition to all other rates, fees, charges and penalties provided in this chapter, each customer shall be charged, and shall be responsible for payment of, all costs of collecting delinquent amounts otherwise chargeable to the customer under this chapter, in accordance with Section 36.09, Assessment of collection costs. The assessment and payment of such collection costs shall not be subject to any complaint, appeal, settlement or dispute procedures provided in this chapter, but the provisions of this section and Section 36.09 shall apply to any delinquent amount determined to be owing as a result of any such procedure.

(Am. Ord. 03-029; Am. Ord. 04-044; Am. Ord. 05-25; Am. Ord. 06-17; Am. Ord. 06-65; Am. Ord. 07-09; Am. Ord. 09-45; Am. Ord. 10-25; updated administratively 05/2011; Am. Ord. 11-15; updated administratively 08/2012; Am. Ord. 12-20; Am. Ord. 12-34; Am. Ord. 13-13; Am. Ord. 14-09; Am. Ord. 15-12; Am. Ord. 16-03; Am. Ord. 16-13; Am. Ord. 18-14; Am. Ord. 18-23; Am. Ord. 19-23; Am. Ord. 24-10)

51.13 ACCEPTABLE STANDARDS.

All utility work will adhere to minimum design and construction standards as defined in the 1987 version of the New Mexico Standard Specifications for Public Works Construction and the most recent version of City of Rio Rancho Utilities Department standard details.

(Am. Ord. 18-14)

51.14 UTILITY’S RIGHT TO INGRESS TO AND EGRESS FROM CUSTOMER’S PROPERTY.

Duly authorized agents or employees of the utility, carrying proper credentials and identification, shall have free access at all reasonable hours to the customer’s premises for the purpose of inspecting, testing and repairing the utility’s service lines, and for reading, changing or removing its water meters and appurtenant utility property. If such duly authorized agents or employees, after showing proper credentials and identification, are refused admittance or hindered or prevented from making such inspections, the customer’s service may be discontinued in accordance with Section 51.09(F)(1) until free access is given.

If such refusal is carried out by physically blocking access to utility equipment, the utility reserves the right to remove such blockage, three days after notification, at the customer’s expense.

(Am. Ord. 18-14)

51.15 UNAUTHORIZED CONNECTIONS.

Water and sewer service shall be used only in connection with such customer’s residence or place of business to which the service is piped. No additional facilities or supplies shall 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 written permission, authorization or statement of requirements from the utility.

(Am. Ord. 18-14)

51.16 UNAUTHORIZED USE.

The customer shall be fined an unauthorized use penalty, in the case of discontinuance of service for any of the reasons outlined in Section 51.09, after which a customer or an agent of the customer reconnects the water service, or in the case of illegal tapping. If applicable, the meter will be removed or locked, and the customer will be required to pay any balances due and a security deposit before service will be reconnected.

In the case of theft of water from a line or use of a hydrant without using a meter to measure the flow for payment to the city, the company or individual shall be charged an unauthorized use penalty.

A person or company may appeal the unauthorized use penalty, as outlined in Section 51.23.

(Am. Ord. 18-14)

51.17 STOPPAGE OR OBSTRUCTIONS IN SERVICE.

The utility shall not be responsible for the stoppage or obstruction or breaks in facilities or water or sewer service lines of the customer.

(Am. Ord. 18-14)

51.18 TEMPORARY AND SPECIAL WATER SERVICES.

(A) Where water service line connections are available, temporary municipal water service will be furnished under the utility’s established ordinance and rates for the type of service required. In addition to the cost of service rendered under its applicable rate, the customer shall pay the cost of installing and removing, of connecting and disconnecting the necessary facilities required to provide such services.

(B) Temporary and special service connections are available to furnish and supply municipal water during project construction, prior to the permanent connection to the completed structure. Service for specialized usage shall be considered as a special case when not covered by a specific rate or schedule.

(Am. Ord. 18-14)

51.19 METERING.

(A) Ownership of meters.

(1) All meters used in connection with metered service shall be maintained and owned by the utility. The utility reserves the right to establish the type and size of meter required by each customer.

(2) Meters, meter cans (or pits) and meter vaults will be maintained by the utility for ordinary wear and tear. The customer shall be responsible for damage or loss of utility equipment arising out of, or caused by, the customer’s negligence or carelessness, or that of his servants, employees, household members, or any person upon his premises. The customer shall not permit anyone except an agent of the utility to remove, inspect or repair the meter or other property of the utility on his premises. Any damages to the utility’s equipment will be repaired or replaced by the utility, and the customer shall be billed for all labor and material charges.

(3) The customer is responsible to provide unobstructed access of the meter, meter can or meter vault. Should an obstacle, such as the customer’s fence, restrict the utility’s free access of the meter, meter can or meter vault, then the customer is responsible to compensate the utility for all costs incurred in clearing the area to make it accessible.

(B) Meter testing.

(1) Each meter, prior to installation at the customer’s premises, shall be tested and in good order before being installed. All tests to determine the meter accuracy shall be made with standard meter testing equipment.

(2) When a customer requests the meter be tested for accuracy, then the utility shall test the meter. If the customer’s meter has been tested within the last 12 months, the utility may charge the customer a fee for making such a test and such charge will be refunded to the customer whenever the meter proves to be in excess of two percent fast. Such fee shall be as set forth in Section 51.12(D).

(3) The utility will notify the customer with the meter testing results and a record of each test shall be kept on file with the utility.

(C) Fast meters. If, upon testing, a customer’s meter is determined to be more than two percent fast, the utility shall refund to the customer an amount equal to the excess charged for the water incorrectly metered. The period over which the correction is to be made shall be the time of apparent failures; provided, however, the period shall not exceed six months. No part of the minimum service charge shall be refunded.

(D) Slow meters. If, upon testing, the meter is determined to be more than two percent slow, the utility shall replace or repair it.

(E) Failure to register. In the event of stoppage or failure of the meter to register the full amount of water consumed, the utility shall notify the customer of the discrepancy and replace the meter.

(F) Change in meter size. A customer may request to change the meter size. The utility is authorized to charge a minimum fee for the replacement service, plus the difference between a new service connection for the old meter size and the new meter size.

(Am. Ord. 18-14)

51.20 ESTIMATED BILLS.

(A)(1) The utility may not render a bill based on estimated usage to any customer, other than a seasonally billed customer, unless:

(a) The utility is unable to read a meter due to inability to access the customer’s premises or in situations where the customer makes reading the meter unreasonably difficult; or

(b) A meter is defective or has been evidently tampered with or bypassed; or

(2) If the utility is unable to obtain an actual meter reading under this subsection, the utility shall attempt to contact the customer and attempt to obtain access to the premises or it shall undertake reasonably practical alternatives to obtain a meter reading. The utility must, for no less than 12 months, maintain accurate records of the reasons for each meter usage estimate and of the efforts made to secure an actual reading.

(B) The utility may not render a bill based on estimated usage for more than one billing period without prior notification to the Utilities Director, or for an initial reading or final bill for service, unless otherwise agreed to by the customer and the utility.

(C) If the utility underestimates a customer’s usage, and subsequently seeks to correct the bill, the customer shall be given an opportunity to participate in an installment payment plan for the underestimated amount.

(D) Meter reading. Meters shall be read as nearly as possible at regular monthly intervals; provided, however, if one month’s meter reading is missed, the utility may bill the customer on an estimated consumption and the difference adjusted when the meter is again read. The basis for this estimate shall be the normal consumption for corresponding periods in the preceding year or normal consumption of preceding months. At the first reading, subsequent to the nonreading, the rate structure shall be taken into account when adjusting the bill.

(Am. Ord. 18-14)

51.21 LIMITATIONS AND RESTRICTIONS OF USE OF WATER.

(A) A customer must obtain utility approval for use of unusually large volumes of water. The utility may establish additional terms and conditions under which the water will be supplied.

(B) The utility reserves the right to limit the size of service connections or openings for service and to prohibit the customer’s waste or use of excessive quantities of water which exceed or strain the capacity of the utility. Noncompliance of this chapter by any customer shall constitute grounds for discontinuing service in accordance with Section 51.09.

(Am. Ord. 18-14)

51.22 SETTLEMENT AGREEMENTS.

(A) Settlement agreements to be in writing. When the utility and a customer settle a dispute, or when a customer does not dispute liability but demonstrates an inability to pay the outstanding bill or bills then due, then the utility and customer may enter into a written settlement agreement for the customer to pay the amount of the bill. The terms of a settlement agreement, reached by telephone, which extends beyond 45 days shall be confirmed by the utility in writing and mailed or delivered to the customer. The utility is not required to enter into a settlement agreement with a chronically delinquent customer. However, if a chronically delinquent customer can demonstrate to the utility that he does not have adequate financial resources to pay the outstanding bill without participation in the settlement agreement, or because he has a low income and is elderly, disabled or subject to other special considerations, the utility shall give special consideration to such a customer in determining whether to extend a settlement agreement to that customer.

(B) Installment payments.

(1)(a) Every written settlement agreement involving a customer’s inability to pay an outstanding bill in full when due shall provide that water and/or wastewater service will not be discontinued if the customer pays a reasonable portion of the outstanding bill and agrees to pay the remaining outstanding balance, in reasonable installments, until the bill is paid. For purposes of determining reasonableness, the utility and customer shall consider:

1. The size of the customer’s outstanding balance;

2. The customer’s ability to pay;

3. The customer’s payment history;

4. The time that the balance has been outstanding; and

5. Any other relevant factors to the customer’s service.

(b) A written settlement agreement to pay a customer’s outstanding past due balance on a bill does not relieve a customer from the obligation to pay future bills on a current basis.

(2) If the customer has entered into an installment plan pursuant to a written settlement agreement, the customer shall receive a statement from the utility including:

(a) The actual service charges incurred for the current billing period;

(b) The amount past due;

(d) An acknowledgment of previous payments.

(1) If a customer fails to comply with a settlement agreement, the utility may discontinue the customer’s service after written notification from the utility by personal delivery, or by first class mail, that the customer is in default of the settlement agreement; stating the nature of the default; and stating that unless a payment which brings the settlement agreement current is made within seven days from the date of the notice, the utility will discontinue the customer’s service on a specified date.

(2) Nothing in this section shall preclude the utility and a customer from renegotiating the terms of a settlement agreement.

(Am. Ord. 18-14)

51.23 CUSTOMER COMPLAINT PROCEDURES.

(A) Inquiries concerning rates, charges and regulations may be made to the utility either in person, by telephone or in writing. Written complaints challenging a utility decision or action shall be made to the Utilities Director. Such written complaints shall be fully investigated by the utility and a written decision provided to the customer. If the customer is not satisfied with the decision, an appeal may be submitted to the Governing Body through a request for a hearing.

(B) Any customer who does not file a written complaint with the Utilities Director within 60 days of the decision or action waives any right to contest such decision or action. Any customer who does not file a written appeal with the Governing Body within 30 days of the date of mailing of the decision of the Utilities Director waives any right to contest such decision. The customer, who appeals to the Governing Body, will be notified of the time and place of the hearing at which the customer presents his appeal. The Governing Body may either affirm or change the ruling of the Utilities Director consistent with this chapter.

(Ord. 17-02; Am. Ord. 18-14)

51.24 MAIN EXTENSION POLICY, INCLUDING SUBDIVISIONS.

New utility service. When an extension of the utility’s water system or wastewater system is required to serve an individual applicant or a group of applicants, an extension shall be made under the following terms and conditions:

(A) If the property is within 200 feet of an existing water main line and/or an existing sewer main line, then the water and/or sewer main line shall be extended by and at the expense of the customer from the existing end of service to the property.

(B) All water main line extensions shall be sized to provide adequate private water service and fire protection service, including fire hydrants. The minimum water main line size shall be eight inches, although a larger main line size may be required by the utility depending on the unique characteristics of the development.

(C) All sewer main line extensions shall be sized to provide adequate wastewater service. The minimum sewer main line size shall be eight inches, although a larger main size may be required by the utility depending on the unique characteristics of the development.

(D) The final determination of the water or sewer main line size requirements shall be at the discretion of the Utilities Department. If water and wastewater system master plans or other plans connected with possible future developments require a main line size larger than what is required to serve the applicant’s needs, the difference in cost may be considered for an impact fee credit in accordance with Section 150.34. The utility shall be the sole judge of the proper size, type, material and location of the infrastructure constructed and the actual construction shall be performed under the direct supervision of the city.

(E) All costs for construction, engineering, and related activities shall be borne by the applicant requesting the extension. This includes the full cost of constructing the water or sewer main line extensions along with fire hydrants, valves, manholes and all other required appurtenances.

(F) Benefitted properties. Properties that are not owned by the applicant that can be serviced by the applicant’s project without the owners of said properties having to construct any additional water or sewer main line extensions. When benefitted properties exist, a water or sewer main line extension pro rata agreement may be established between the utility and the applicant subject to the following:

(1) The applicant shall provide the following information to the utility:

(a) A list of all benefitted properties and a list of all properties owned by the applicant that are adjacent to the extension.

(b) Copies of a minimum of two estimated costs received from contractors and engineers prior to construction and copies of final invoices after completion of construction.

(2) A preliminary water or sewer main line extension pro rata agreement shall be prepared by the utility using the estimated costs and signed by both the applicant and the city prior to construction. A final line extension pro rata agreement shall be prepared by the utility and signed by the applicant and the city after construction using the actual costs. All as-built drawings and final costs shall be submitted by the applicant to the city within 90 days from the date stamp on the as-built drawings, no later than 180 days from the completion of construction of the water and/or sewer line extension. Failure to do so shall void the pro rata agreement.

(3) The applicant shall comply with all federal, state, and local laws and shall not engage in collusion or perjury.

(4) The applicant’s monetary investment shall be subject to future monetary refunds to that applicant in accordance with the terms of the written final water or sewer main line extension pro rata agreement.

(5) The pro rata share of infrastructure installed along each benefitted property shall be computed by dividing the total final costs by the number of lots, giving a unit cost per lot that will then be used to assess the benefitted properties.

(6) When a water meter is issued to a benefitted property, the final computed pro rata cost will be paid to the utility by the party requesting service before water service will be provided to the benefitted property. This pro rata amount shall then be refunded by the utility to the original applicant.

(7) Any benefitted property whose owner or agent does not apply for a water meter within seven years from the date stamp on the as-built drawings received from the applicant is not subject to any pro rata assessment. All remaining investments made by the original applicant shall not be refunded and will become a contribution in aid of construction.

(8) If an impact fee credit is given as described in Section 150.34, the pro rata assessment will be calculated using the cost of an eight-inch line size rather than the cost of the line that is actually installed.

(9) When an installation must comply with an ordinance, regulation, or specification of a public authority, the estimated and actual construction costs of the infrastructure shall be based on the infrastructure required for compliance.

(G) Easements and rights-of-way. All water or sewer main lines installed within the utility’s service area will be constructed within existing public rights-of-way, streets, alleys, or easements unless otherwise specified by the Utilities Department. Water and sewer main lines and other infrastructure shall become the sole property of the utility upon final acceptance of the construction. New customers or applicants who will be installing water or sewer main lines or other infrastructure will furnish such rights-of-way or easements as may be required without charge to the utility.

(H) Plans and specifications.

(1) The applicant shall follow the most current Design Process Manual, design criteria, and standard details for the city.

(2) The applicant shall submit construction plans detailing the infrastructure to be installed prior to construction of any water or sewer main lines or other infrastructure. A licensed New Mexico professional engineer shall stamp these plans. The city will review the plans for compliance with the above-referenced standards. The applicant shall make changes and corrections as determined by the city and the city shall make final decisions as to what infrastructure is installed. Plans signed by the city must be obtained before construction may begin by the applicant.

(Am. Ord. 18-14)

51.25 FIRE PROTECTION SERVICE.

(A) The responsibility for fire protection lines or standby lines, including installation, shall be that of the customer. Schools and other installations subject to codes or special requirements for fire protection service shall bear the complete cost of installations of required lines and systems.

(B) In order to ensure proper operation of fire hydrants, no water shall be drawn through any fire hydrant for any other purpose than fire protection, except as provided by special permit from the utility.

(C) Detector check valves and backflow prevention assemblies shall be required in the construction of all new fire service lines. Such devices will be installed at the customer’s expense at a point on the fire service line to be determined by the utility prior to the installation of any branch piping or pumping connections to prevent the backflow of water into the utility’s distribution system. The utility shall be called upon for exact information regarding the location and type of such devices to be used before the fire service line may be installed. If such information is not secured, expensive changes in piping installation may result for which the utility shall not be held liable in any way and will not assume any responsibility.

(Am. Ord. 18-14)

51.26 CONTRACT CUSTOMERS; SPECIAL CONDITIONS.

(A) Special written contracts are normally not required for customers receiving service under residential or commercial classification.

(B) Prospective customers with unusual conditions such as value of use, hours of use, unusual pressure requirements or any other condition which may lead to render the prospective customer unique or impose unique requirements upon the utility’s system shall be provided service only after the execution of a special written contract.

(C) All special written contracts between the utility and its customers shall contain substantially the following clauses:

(1) The utility reserves the right to modify the rates set forth herein at any time, and from time to time, by filing new tariffs approved by the City of Rio Rancho Governing Body, and the rates, terms and conditions of service hereunder shall be deemed modified at such time as such tariffs become effective.

(2) Nothing herein contained shall be construed to prevent or prohibit a customer from asserting or claiming any right before any legally constituted regulatory body to which it may be entitled.

(D) All customer installations shall comply with the Uniform Plumbing Code of the State of New Mexico and any other legally applicable codes.

(Am. Ord. 18-14)

51.27 WASTEWATER SERVICE MAINTENANCE POLICY.

(A) Purpose. The purpose of this policy is to establish a procedure for maintaining sewer main lines and service lines when maintenance is required.

(B) Policy.

(1) The repair, maintenance, cleaning and unstopping of sewer main lines shall be and is the responsibility of the utility. All costs, fees, and charges associated thereto shall be borne by the utility.

(2) Stoppages in sewer main lines, manholes and appurtenances which occur, and which cause backups or stoppages within sewer lateral lines, shall be the responsibility of the utility. The repair, maintenance and cleaning shall be borne by the utility.

(3) Stoppages of sewer main lines which are directly resultant from a property owner’s misuse of an individual sewer lateral service such as disposal of heavy oil, grease, rags or other materials normally not disposed of in sewer lateral lines shall be repaired by the utility but the charges shall be borne by the negligent property owner.

(4) Individual customers whose sewer lateral service lines connect to the utility sewer system are responsible for all maintenance, repairs, cleaning and upkeep of sewer lateral service lines from the sewer main line to the structure being served.

(5) Stoppages of sewer lateral lines owned by the property owner shall be repaired by a licensed bonded plumber at the expense of the property owner.

(6) Stoppage of sewer main lines and sewer lateral lines on private property which are caused by tree roots extending from trees located within the customer’s property or planted by the property owner shall be repaired at the property owner’s expense. The utility will make the repair if it occurs within the sewer main line, but charges for the work shall be placed against the responsible property owner.

(1) The utility operates, maintains, repairs, and owns all sewer utility main lines.

(2) The utility assumes and accepts responsibility for and repair of sewer lateral lines owned by the property owner when such problems are resultant from circumstances such as plugging and backup in sewer main lines.

(3) The utility does not accept, nor will it pay for, maintenance, repair and upkeep of property owners’ sewer lateral lines. It shall remain the responsibility of the property owner therefore to properly service, repair and maintain his own sewer lateral lines, from the sewer main line to the property owner’s structure.

(Am. Ord. 18-14. Formerly 51.28)

INDUSTRIAL WASTE CODE

51.30 PURPOSE AND POLICY.

(A) This subchapter sets forth uniform requirements for users of the publicly owned treatment works (POTW) for the City of Rio Rancho and enables the city to comply with all applicable state and federal laws, including the Clean Water Act (33 U.S.C. 1251 et seq.) and the General Pretreatment Regulations (40 CFR Part 403). The objectives of this subchapter are:

(1) To prevent the introduction of pollutants into the POTW that will interfere with the operation of the POTW;

(2) To prevent the introduction of pollutants into the POTW which will pass through the POTW, inadequately treated, into receiving waters or otherwise be incompatible with the POTW;

(3) To ensure that the quality of the wastewater treatment plant sludge is maintained at a level which allows its use and disposal in compliance with applicable statutes and regulations;

(4) To protect both the general public and POTW personnel who may be affected by wastewater and sludge in the course of their employment;

(5) To promote reuse and recycling of industrial wastewater and sludge from the POTW;

(6) To provide for equitable distribution of the cost of operation, maintenance and improvement of the POTW;

(7) To enable the POTW to comply with National Pollutant Discharge Elimination System (NPDES) permit conditions, sludge use and disposal requirements, and any other federal or state laws to which the POTW is subject.

(B) This subchapter shall apply to all users of the POTW. The subchapter authorizes the issuance of wastewater discharge permits; authorizes monitoring, compliance, and enforcement activities; establishes administrative review procedures; requires user reporting; and provides for the setting of fees for the equitable distribution of costs resulting from the program established herein. It is unlawful for nondomestic users located outside the city limits to continue discharges to the POTW except as provided in Section 51.52(C).

(C) The City Industrial Pretreatment Coordinator and/or the Utilities Director are available to answer questions regarding the requirements of this subchapter and provide assistance to industrial and commercial users in understanding their responsibilities thereunder.

(Ord. 06-74; Am. Ord. 18-14)

51.31 ADMINISTRATION.

Except as otherwise provided herein, the Director shall administer, implement, and enforce the provisions of this subchapter. Any powers granted to or duties imposed upon the Director may be delegated by the Director to other city personnel.

(Ord. 06-74; Am. Ord. 18-14)

51.32 DEFINITIONS.

For purposes of this subchapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning. The use of the singular shall be construed to include the plural and the plural shall include the singular by the context of its use.

ACT or THE ACT. The Federal Water Pollution Control Act, also known as the Clean Water Act, as amended, 33 U.S.C. 1251 et seq.

APPLICABLE PRETREATMENT STANDARDS. For any specified pollutant, city prohibitive standards, city specific pretreatment standards (local limits), or EPA’s categorical Pretreatment Standards (when applicable), whichever standard is appropriate or most stringent.

APPROVAL AUTHORITY. The Regional Administrator, Environmental Protection Agency, Region 6.

AUTHORIZED REPRESENTATIVE OF THE USER.

(1) If the user is a corporation:

(a) The president, secretary, treasurer, or a vice-president of the corporation in charge of a principal business function, or any other person who performs similar policy or decision-making functions for the corporation; or

(b) The manager of one or more manufacturing, production, or operation facilities, provided the manager is authorized to make management decisions that govern the operation of the regulated facility, including having the explicit or implicit duty of making major capital investment recommendations, and initiate and direct other comprehensive measures to assure long-term environmental compliance with environmental laws and regulations; can ensure that the necessary systems are established or actions taken to gather complete and accurate information for individual wastewater discharge permit requirements.

(2) If the user is a partnership or sole proprietorship: a general partner or proprietor, respectively.

(3) If the user is a federal, state, or local governmental facility: a director or highest official appointed or designated to oversee the operation and performance of the activities of the government facility, or his/her designee.

(4) The individuals described in subsections (1) through (3) of this definition may designate a duly authorized representative if the authorization is in writing, the authorization specifies the individual or position responsible for the overall operation of the facility from which the discharge originates or having overall responsibility for environmental matters for the company, and the written authorization is submitted to the city.

BEST MANAGEMENT PRACTICES (BMPs). Schedules of activities, prohibitions of practices, maintenance procedures, and other management practices to implement the prohibitions listed in 40 CFR 403.5(a) and (b). BMPs include treatment requirements, operating procedures, and practices to control plant site runoff, spillage or leaks, sludge or waste disposal, or drainage from raw materials storage. BMPs also include alternative means (i.e., management plans) of complying with, or in place of, certain established categorical Pretreatment Standards and effluent limits.

BIOCHEMICAL OXYGEN DEMAND (BOD). The quantity of oxygen utilized in the biochemical oxidation of organic matter under standard laboratory procedures for five days at 20° Celsius (68° Fahrenheit), usually expressed as a concentration in milligrams per liter (mg/l).

CATEGORICAL INDUSTRIAL USER. An industrial user subject to a categorical Pretreatment Standard or categorical standard.

CATEGORICAL PRETREATMENT STANDARD or CATEGORICAL STANDARD. Any regulation containing pollutant discharge limits promulgated by the U.S. EPA in accordance with Sections 307(b) and (c) of the Act (33 U.S.C. 1317) which apply to a specific category of users and which appear in 40 CFR Chapter I, Subchapter N, Parts 405 – 471.

CHEMICAL OXYGEN DEMAND (COD). A measure of the oxygen required to oxidize all compounds, both organic and inorganic, in water.

CITY. The City of Rio Rancho, County of Sandoval, State of New Mexico.

COLOR. The optical density at the visual wave length of maximum absorption, relative to distilled water. One hundred percent transmittance is equivalent to zero (0.0) optical density.

COMPOSITE SAMPLE.

(1) The sample resulting from the combination of individual wastewater samples taken at selected intervals based on an increment of either flow or time.

(2) The composite method can be referenced to 40 CFR Part 403, Appendix E, I, A as follows: It is recommended that influent and effluent operational data be obtained through 24-hour flow proportional composite samples. Sampling may be done manually or automatically, and discretely or continuously. If discrete sampling is employed, at least 12 aliquots should be composited. Discrete sampling may be flow proportioned either by varying the time interval between each aliquot or the volume of each aliquot. All composites should be flow proportional to either the stream flow at the time of collection of the influent aliquot or to the total influent flow since the previous influent aliquot. Volatile pollutant aliquots must be combined in the laboratory immediately before analysis.

CONTROL AUTHORITY. The agency responsible to conduct pretreatment activities and enforce the pretreatment program. This refers to the City of Rio Rancho.

COOLING WATER. Water used for cooling that may come into direct contact with any raw material, intermediate product, waste product, or finished product. COOLING WATER may be generated from any use, such as air conditioning, heat exchangers, cooling or refrigeration to which the only pollutant added is heat.

DAILY MAXIMUM. The arithmetic average of all effluent samples for a pollutant collected during a calendar day.

DAILY MAXIMUM LIMIT. The maximum allowable discharge limit of a pollutant during a calendar day. Where daily maximum limits are expressed in units of mass, the daily discharge is the total mass discharged over the course of the day. Where daily maximum limits are expressed in terms of a concentration, the daily discharge is the arithmetic average measurement of the pollutant concentration derived from all measurements taken that day.

DIRECTOR. The Director of the Utilities Department or his duly authorized representative. The person designated by the city to manage and oversee the operation of the POTW, and who is charged with certain duties and responsibilities by this subchapter.

DOMESTIC USER (RESIDENTIAL USER). Any person who contributes, causes, or allows the contribution of wastewater into the city POTW that is of a similar volume and/or chemical makeup as that of a residential dwelling unit. Discharges from a residential dwelling unit typically include gallons per capita per day, pounds of BOD per capita, and pounds of TSS per capita.

EFFLUENT. Wastewater or other liquid – raw (untreated), partially treated or completely treated – flowing from a reservoir, basin, treatment process, or treatment plant.

ENVIRONMENTAL PROTECTION AGENCY (EPA). The U.S. Environmental Protection Agency or, where appropriate, the Regional Water Management Division Director, or other duly authorized official of said agency.

EXISTING SOURCE. Any source of discharge that is not a NEW SOURCE.

EXISTING USER. For noncategorical users, an EXISTING USER is defined as any user that is discharging wastewater prior to the effective date of this subchapter. Any person that buys an existing facility that is discharging nondomestic wastewater will be considered an EXISTING USER if no significant changes are made in the user’s operation.

FOG. Fats, oils, and greases which may be of organic (animal, vegetable) origin or of inorganic (mineral or petroleum) origin.

FOG-CONTRIBUTOR. Any establishment that:

(1) Discharges wastewater that is high in fats, oils, and/or greases, such as but not limited to: restaurants, cafes, cafeterias, bars, hotels, hospitals, or school kitchens; or

(2) Prepares, processes or serves food or food products.

GRAB SAMPLE. A sample that is taken from a wastestream on a one-time basis without regard to the flow in the wastestream and over a period of time not to exceed 15 minutes.

GREASE INTERCEPTOR. A structure that removes fats, oils, greases and settleable solids by passive physical separation, built to the specifications of the Uniform Plumbing Code, and sized appropriately considering the amount of fats, oils, and greases discharged.

INDIRECT DISCHARGE or DISCHARGE. The introduction of pollutants into the POTW from any nondomestic source regulated under Section 307(b), (c), or (d) of the Act. The discharge into the POTW is normally by means of pipes, conduits, pumping stations, force mains, constructed drainage ditches, surface water intercepting ditches, and all constructed devices and appliances appurtenant thereto.

INDUSTRIAL USER or USER. A source of indirect discharge of any nondomestic wastestream. The source shall not include DOMESTIC USER as defined herein.

INFLUENT. Wastewater or other liquid – raw (untreated) or partially treated – flowing into a reservoir, basin, treatment process, or treatment plant.

INSTANTANEOUS LIMIT. The maximum concentration of a pollutant allowed to be discharged at any time, determined from the analysis of any discrete (grab) or composited sample collected, independent of the industrial flow rate and the duration of the sampling event.

INTERFERENCE. A discharge which alone or in conjunction with a discharge or discharges from other sources, either:

(1) Inhibits or disrupts the POTW, its treatment processes or operations;

(2) Inhibits or disrupts the POTW sludge processes, use or disposal; or

(3) Is a cause of a violation of the city’s NPDES permit or of the prevention of sewage sludge use or disposal in compliance with any of the following statutory/regulatory provisions or permits issued thereunder (or more stringent state or local regulations): Section 405 of the Clean Water Act; the Solid Waste Disposal Act (SWDA), including Title II, commonly referred to as the Resource Conservation and Recovery Act (RCRA); any state regulations contained in any state sludge management plan prepared pursuant to Subtitle D of the SWDA; the Clean Air Act; and the Toxic Substances Control Act.

LOCAL LIMITS. Specific discharge limits developed and enforced by POTWs upon industrial and commercial facilities (IUs) to implement the general and specific discharge prohibitions listed in 40 CFR 403.5(a)(1) and (b).

MAXIMUM ALLOWABLE DISCHARGE LIMIT. The maximum concentration of a pollutant allowed to be discharged at any time, determined from the analysis of any discrete or composited sample collected, independent of the industrial flow rate and the duration of the sampling event.

MAY. Is permissive.

MEDICAL WASTES. Isolation wastes, infectious agents, human blood and blood products, pathological wastes, sharps, body parts, contaminated bedding, surgical wastes, potentially contaminated laboratory wastes, and dialysis wastes.

MONTHLY AVERAGE. The sum of all daily discharges measured during a calendar month divided by the number of daily discharges measured during that month.

MONTHLY AVERAGE LIMIT. The highest allowable average of daily discharges over a calendar month, calculated as the sum of all daily discharges measured during a calendar month divided by the number of daily discharges measured during that month.

NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM (NPDES). A national program under Section 402 of the Clean Water Act for regulation of discharges of pollutants from point sources to waters of the United States. Discharges are illegal unless authorized by an NPDES permit.

NEW SOURCE.

(1) Any building, structure, facility, or installation from which there is (or may be) a discharge of pollutants, the construction of which commenced after the publication of proposed pretreatment standards under Section 307(c) of the Act which will be applicable to such source if such standards are thereafter promulgated in accordance with that section; provided, that:

(a) The building, structure, facility, or installation is constructed at a site at which no other source is located; or

(b) The building, structure, facility, or installation totally replaces the process or production equipment that causes the discharge of pollutants at an existing source; or

(c) The production or wastewater generating processes of the building, structure, facility, or installation are substantially independent of an existing source at the same site. In determining whether these are substantially independent, factors such as the extent to which the new facility is integrated with the existing plant, and the extent to which the new facility is engaged in the same general type of activity as the existing source, should be considered.

(2) Construction on a site at which an existing source is located results in a modification rather than a new source if the construction does not create a new building, structure, facility, or installation meeting the criteria of subsection (1)(b) or (c) of this definition, but otherwise alters, replaces, or adds to existing process or production equipment.

(3) Construction of a NEW SOURCE as defined under this section has commenced if the owner or operator has:

(a) Begun, or caused to begin as part of a continuous on-site construction program:

1. Any placement, assembly, or installation of facilities or equipment; or

2. Significant site preparation work including clearing, excavation, or removal of existing buildings, structures, or facilities which is necessary for the placement, assembly, or installation of new source facilities or equipment; or

(b) Entered into a binding contractual obligation for the purchase of facilities or equipment, which are intended to be used in its operation within a reasonable time. Options to purchase or contracts, which can be terminated or modified without substantial loss, and contracts for feasibility, engineering, and design studies, do not constitute a contractual obligation under this section.

NEW USER. A user that applies to the city for a new building permit or any person who occupies an existing building and plans to discharge wastewater to the city’s collection system after the effective date of this subchapter and is not a NEW SOURCE as defined above. Any person that buys an existing facility that is discharging nondomestic wastewater will not be considered a NEW USER unless significant changes are made in the user’s operation.

NONCONTACT COOLING WATER. Water used for cooling that does not come into direct contact with any raw material, intermediate product, waste product, or finished product. Cooling water may be generated from any use, such as air conditioning, heat exchangers, cooling or refrigeration, to which the only pollutant added is heat.

NONSIGNIFICANT CATEGORICAL INDUSTRIAL USER (NSCIU). An NSCIU is a CIU designated by the Control Authority as “nonsignificant.” See definition of SIGNIFICANT INDUSTRIAL USER, subsection (3).

PASS THROUGH. A discharge which exits the POTW into waters of the United States in quantities or concentrations which, alone or in conjunction with a discharge or discharges from other sources, is a cause of a violation of any requirement of the city’s NPDES permit (including an increase in the magnitude or duration of a violation).

PERMITTEE. A person or user issued a wastewater discharge permit.

PERSON. Any individual, partnership, co-partnership, firm, company, corporation, association, joint stock company, trust, estate, governmental entity, or any other legal entity; or their legal representatives, agents, or assigns. This definition includes all federal, state, or local governmental entities.

pH. A measure of the acidity or alkalinity of a solution, expressed in standard units.

POLLUTANT. Any dredged spoil, solid waste, incinerator residue, filter backwash, sewage, garbage, sewage sludge, munitions, medical wastes, chemical wastes, biological materials, radioactive materials, heat, wrecked or discarded equipment, rock, sand, cellar dirt, agricultural and industrial wastes, and characteristics of the wastewater (i.e., pH, temperature, TSS, turbidity, color, BOD, COD, toxicity, or odor).

PRETREATMENT. The reduction of the amount of pollutants, the elimination of pollutants, or the alteration of the nature of pollutant properties in wastewater prior to (or in lieu of) introducing such pollutants into the POTW. This reduction or alteration can be obtained by physical, chemical, or biological processes; by process changes; or by other means except by diluting the concentration of the pollutants unless allowed by an applicable pretreatment standard.

PRETREATMENT REQUIREMENTS. Any substantive or procedural requirement related to pretreatment imposed on a user, other than a pretreatment standard.

PRETREATMENT STANDARDS or STANDARDS. Prohibited discharge standards, categorical Pretreatment Standards, and local limits established by the city.

PROHIBITED DISCHARGE STANDARDS or PROHIBITED DISCHARGES. Absolute prohibitions against the discharge of certain substances; these prohibitions appear in Sections 51.34(A) and (B).

PUBLICLY OWNED TREATMENT WORKS (POTW). A treatment works, as defined by Section 212 of the Act (33 U.S.C. 1292), which is owned by the city. This definition includes any devices or systems used in the collection, storage, treatment, recycling, and reclamation of sewage or industrial wastes of a liquid nature and any conveyances that convey wastewater to a treatment plant. The term also means the city.

SEPTIC TANK WASTE. Any sewage from holding tanks such as vessels, chemical toilets, campers, trailers, and septic tanks.

SEWAGE. Human excrement and gray water (household showers, dish-washing operations, etc.).

SEWER. Any pipe, conduit ditch, or other device used to collect and transport sewage from the generating source.

SHALL. Is mandatory.

SIGNIFICANT INDUSTRIAL USER (SIU).

Except as provided in subsections (3) and (4) of this definition, a SIGNIFICANT INDUSTRIAL USER is:

(1) An industrial user subject to categorical Pretreatment Standards; or

(2) An industrial user that:

(a) Discharges an average of 25,000 gallons per day or more of process wastewater to the POTW (excluding sanitary, noncontact cooling, and boiler blowdown wastewater); or

(b) Contributes a process wastestream which makes up five percent or more of the average dry weather hydraulic or organic capacity of the POTW treatment plant; or

(c) Is designated as such by the city on the basis that it has a reasonable potential for adversely affecting the POTW’s operation or for violating any pretreatment standard or requirement.

(3) The city may determine that an industrial user subject to categorical Pretreatment Standards is a nonsignificant categorical industrial user rather than a significant industrial user on a finding that the industrial user never discharges more than 100 gallons per day of total categorical wastewater (excluding sanitary, noncontact cooling, and boiler blowdown wastewater, unless specifically included in the pretreatment standards) and the following conditions are met:

(a) The industrial user, prior to the city’s finding, has consistently complied with all applicable categorical Pretreatment Standards and requirements;

(b) The industrial user annually submits the certification statement required in Section 51.54, together with any additional information necessary to support the certification statement; and

(4) Upon finding that a user meeting the criteria in subsection (2) of this definition has no reasonable potential for adversely affecting the POTW’s operation or for violating any pretreatment standard or requirement, the city may at any time, on its own initiative or in response to a petition received from an industrial user, and in accordance with procedures in 40 CFR 403.8(f)(6), determine that such user should not be considered a significant industrial user (40 CFR 403.3(v)).

SLUG LOAD. Any discharge at a flow rate or concentration which could cause a violation of the discharge standards in Sections 51.34 through 51.39 or any discharge of a nonroutine, episodic nature, including, but not limited to, an accidental spill or a noncustomary batch discharge which has a reasonable potential to cause interference or pass through, or in any other way violate the POTW’s regulations, local limits or permit conditions. Any liquid material determined to have adverse effects on the sewerage system and wastewater treatment plants, including alkalies or alkaline substances, oils, foam-generating wastes, highly colored wastes, pesticides and solvents not listed previously (40 CFR 403.8(f)(2)(vi)).

STANDARD INDUSTRIAL CLASSIFICATION (SIC) CODE. A classification pursuant to the Standard Industrial Classification Manual issued by the United States Office of Management and Budget.

STORM WATER. Any flow occurring during or following any form of natural precipitation, and resulting from such precipitation, including snowmelt.

TECHNICAL REVIEW CRITERIA (TRC) VIOLATIONS. Violations in which 33% or more of all of the measurements for each pollutant parameter taken during a six-month period equal or exceed the product of the daily maximum limit or the average limit multiplied by the applicable TRC (TRC = 1.4 for BOD, TSS, fats, oil and grease, and 1.2 for all other pollutants except pH).

TOTAL SUSPENDED SOLIDS (TSS). The total suspended matter that floats on the surface of, or is suspended in, water, wastewater, or other liquid, and which is removable by laboratory filtering.

TOXIC POLLUTANT. Any of 126 ± pollutants, or combination of those pollutants, listed as toxic in regulations promulgated by EPA under Section 307 (33 U.S.C. 1317) of the Act.

TREATMENT PLANT EFFLUENT. The discharge from the POTW into waters of the United States.

UPSET. An exceptional incident in which there is unintentional and temporary noncompliance with categorical Pretreatment Standards because of factors beyond the reasonable control of the user.

USER or INDUSTRIAL USER. A source of indirect discharge.

WASTEWATER. Liquid and water-carried industrial wastes and sewage from residential dwellings, commercial buildings, industrial and manufacturing facilities, and institutions, whether treated or untreated, which are contributed to the POTW.

WASTEWATER DISCHARGE PERMIT (INDUSTRIAL WASTEWATER DISCHARGE PERMIT, DISCHARGE PERMIT). An authorization or equivalent control document issued by the city to users discharging wastewater to the POTW. The permit may contain appropriate pretreatment standards and requirements as set forth in this subchapter.

WASTEWATER TREATMENT PLANT or TREATMENT PLANT. That portion of the POTW that is designed to provide treatment of municipal sewage and industrial waste.

(Ord. 06-74; Am. Ord. 16-13; Am. Ord. 18-14)

51.33 ABBREVIATIONS.

The following abbreviations shall have the designated meanings:

ASPP	Accidental Spill Prevention Program
BOD	Biochemical Oxygen Demand
BMR	Baseline Monitoring Report
C	Celsius
CIU	Categorical Industrial User
CFR	Code of Federal Regulations
COD	Chemical Oxygen Demand
EPA	U.S. Environmental Protection Agency
F	Fahrenheit
FIFRA	Federal Insecticide Fungicide Rodenticide Act
gpd	Gallons per Day
IU	Industrial User
l	Liter
LEL	Lower Explosive Limit
mg	Milligrams
mg/L	Milligrams per Liter
NPDES	National Pollutant Discharge Elimination System
NSCIU	Nonsignificant Categorical Industrial User
O&M	Operation and Maintenance
POTW	Publicly Owned Treatment Works
RCRA	Resource Conservation and Recovery Act
SDCP	Slug Discharge Control Plan
SIC	Standard Industrial Classifications
SIU	Significant Industrial User
SNC	Significant Noncompliance
SWDA	Solid Waste Disposal Act (42 U.S.C. 6901 et seq.)
TOMP	Toxic Organic Management Plan
TRC	Technical Review Criteria
TSS	Total Suspended Solids
TTO	Total Toxic Organics
U.S.C.	United States Code

(Ord. 06-74; Am. Ord. 18-14)

51.34 PROHIBITED DISCHARGE STANDARDS.

(A) General prohibitions. No user shall introduce or cause to be introduced into the POTW any pollutant or wastewater which causes pass through or interference. These general prohibitions apply to all users of the POTW whether or not they are subject to categorical Pretreatment Standards or any other federal, state, or local pretreatment standards or requirements.

(B) Specific prohibitions. No user shall introduce or cause to be introduced into the POTW the following pollutants, substances, or wastewater:

(1) Pollutants which create a fire or explosion hazard in the POTW, including, but not limited to, wastestreams with a closed cup flashpoint of less than 140° Fahrenheit or 60° Celsius using the test methods specified in 40 CFR 261.21;

(2) Pollutants which will cause corrosive structural damage to the POTW, but in no case discharges with pH lower than 5.0 or more than 11.0, unless the treatment works is specifically designed to accommodate such discharges;

(3) Solid or viscous substances in amounts which will cause obstruction of the flow in the POTW resulting in interference with the operation of, or which could cause damage to, the POTW including: fats, oils, grease, wax, or other materials that tend to coat and clog a sewer line or other appurtenance (40 CFR 403.5(b)(3));

(4) Any pollutant, including oxygen-demanding pollutants (BOD, etc.) released in a discharge at a flow rate and/or pollutant concentration which, either singly or by interaction with other pollutants, will cause interference with the POTW;

(5) Heat in amounts which will inhibit biological activity in the POTW resulting in interference, but in no case heat in such quantities that the temperature at the POTW treatment plant exceeds 40°C (104°F), unless the Approval Authority, upon request of the POTW, approves alternate temperature limits;

(6) Petroleum oil, nonbiodegradable cutting oil, or products of mineral oil origin in amounts that will cause interference or pass through;

(7) Pollutants which result in the presence of toxic gases, vapors, or fumes within the POTW in a quantity that may cause acute worker health and safety problems;

(8) Any trucked or hauled pollutants, except at discharge points designated by the POTW;

(9) Noxious or malodorous liquids, gases, solids, or other wastewater which, either singly or by interaction with other wastes, are sufficient to create a public nuisance or a hazard to life, or to prevent entry into the sewers for maintenance or repair;

(10) Wastewater which imparts color that cannot be removed by the treatment process, such as, but not limited to, dye wastes and vegetable tanning solutions, which consequently imparts color to the treatment plant’s effluent, thereby violating the city’s NPDES permit. Color, in combination with turbidity, shall not cause the treatment plant effluent to reduce the depth of the compensation point for photosynthetic activity by more than 10% from the seasonable established norm for aquatic life;

(11) Wastewater containing any radioactive wastes or isotopes except as specifically approved by the Director in compliance with applicable federal or state regulations;

(12) Storm water, surface water, ground water, artesian well water, roof runoff, subsurface drainage, swimming pool drainage, condensate, deionized water, noncontact cooling water, and unpolluted wastewater, unless specifically authorized by the Director;

(13) Any sludges, screenings, or other residues from the pretreatment of industrial wastes or from industrial processes;

(14) Medical wastes, including any discharge of solid wastes from hospitals, clinics, offices of medical doctors, dental facilities, convalescent homes, medical laboratories or other medical facilities to the sewerage system including, but not limited to, hypodermic needles, syringes, instruments, utensils or other paper and plastic items of a disposable nature except as specifically authorized by the Director;

(15) Wastewater causing, alone or in conjunction with other sources, the treatment plant’s effluent to fail a toxicity test;

(16) Detergents, surface-active agents, or other substances which may cause excessive foaming in the POTW;

(17) Any liquids, solids, or gases which by reason of their nature or quantity are, or may be, sufficient either alone or by interaction with other substances to cause fire or explosion or be injurious in any other way to the POTW or to the operation of the POTW. Gasoline, benzene, naphtha, and fuel oil are strictly prohibited. Wastewater causing two readings on an explosion hazard meter, at the point of discharge into the system (or at any point in the system), by more than five percent or any single reading over 10% of the lower explosive limit (LEL) of the meter;

(18) Grease, animal guts or tissues, paunch, manure, bones, hair, hides or fleshings, entrails, whole blood, feathers, ashes, cinders, sand, spent lime, stone or marble dusts, metal, glass, straw, shavings, grass clippings, rags, spent grains, spent hops, waste paper, wood, plastics, gas, tar asphalt residues, residues from refining or processing of fuel or lubricating oil, mud, or glass grinding or polishing wastes;

(19) Any substance that will cause the POTW to violate its NPDES and/or other disposal system permits;

(20) Any wastewater, which in the opinion of the Director can cause harm either to the sewers, sewage treatment process, or equipment; have an adverse effect on the receiving stream; or can otherwise endanger life, limb, public property, or constitute a nuisance, unless allowed under special agreement by the Director. No special waiver shall be given from categorical Pretreatment Standards;

(21) The contents of any tank or other vessel owned or used by any person in the business of collecting or pumping sewage, effluent, septage, or other wastewater unless said person has first obtained testing and approval as may be generally required by the city and paid all fees assessed for the privilege of said discharge;

(22) Any hazardous wastes as defined in rules published by the State of New Mexico or in EPA 40 CFR Part 261;

(23) Persistent pesticides and/or pesticides such as dieldrin, aldrin, chlordane, endrin, heptachlor, toxaphene, lindane, benzalkonium chloride (BAC), and others as regulated by the Federal Insecticide Fungicide Rodenticide Act (FIFRA);

(24) Materials of an organic or inorganic nature, toxic or nontoxic, which exert an immediate chlorine demand if discharge of such material will prevent the achievement of an adequate chlorine residual in the effluent of the wastewater treatment works.

(C) Pollutants, substances, or wastewater prohibited by this section shall not be processed or stored in such a manner that they could be accidentally or intentionally discharged to the POTW.

(Ord. 06-74; Am. Ord. 18-14)

51.35 NATIONAL CATEGORICAL PRETREATMENT STANDARDS.

Users must comply with the categorical Pretreatment Standards found at 40 CFR Chapter I, Subchapter N, Parts 405 – 471.

(A) Where a categorical Pretreatment Standard is expressed only in terms of either the mass or the concentration of a pollutant in wastewater, the Director may impose equivalent concentration of mass limits in accordance with subsections (E) and (F) of this section.

(B) When the limits of categorical Pretreatment Standards are expressed only in terms of mass of pollutant per unit of production, the Director may convert the limits to equivalent limitations expressed either as mass of pollutant discharged per day or effluent concentration for purposes of calculating effluent limitations applicable to individual industrial users.

(C) When wastewater subject to a categorical Pretreatment Standard is mixed with wastewater not regulated by the same standards, the Director may impose an alternate limit in accordance with 40 CFR 403.6(e).

(D) A CIU may obtain a net/gross adjustment to a categorical Pretreatment Standard in accordance with the following paragraphs of this section:

(1) Categorical Pretreatment Standards may be adjusted to reflect the presence of pollutants in the industrial user’s intake water in accordance with this section. Any industrial user wishing to obtain credit for intake pollutants must make application to the city. Upon request of the industrial user, the applicable standard will be calculated on a “net” basis (i.e., adjusted to reflect credit for pollutants in the intake water) if the requirements of subsection (D)(2) of this section are met.

(2) Criteria.

(a) Either (i) the applicable categorical Pretreatment Standards contained in 40 CFR Chapter I, Subchapter N specifically provide that they shall be applied on a net basis; or (ii) the industrial user demonstrates that the control system it proposed or uses to meet applicable categorical Pretreatment Standards would, if properly installed and operated, meet the standards in the absence of pollutants in the intake water.

(b) Credit for generic pollutants such as BOD, TSS, and oil and grease should not be granted unless the industrial user demonstrates that the constituents of the generic measure in the user’s effluent are substantially similar to the constituents of the generic measure in the intake water or unless appropriate additional limits are placed on process water pollutants either at the outfall or elsewhere.

(c) Credit shall be granted only to the extent necessary to meet the applicable categorical Pretreatment Standard(s), up to a maximum value equal to the influent value. Additional monitoring may be necessary to determine eligibility for credits and compliance with standard(s) adjusted under this section.

(d) Credit shall be granted only if the user demonstrates that the intake water is drawn from the same body of water as that into which the POTW discharges. The city may waive this requirement if it finds that no environmental degradation will result.

(E) When a categorical Pretreatment Standard is expressed only in terms of pollutant concentrations, an industrial user may request that the city convert the limits to equivalent mass limits. The determination to convert concentration limits to mass limits is within the discretion of the Director. The city may establish equivalent mass limits solely if the industrial user meets all the conditions set forth in subsection (E)(1) of this section.

(1) To be eligible for equivalent mass limits, the industrial user must:

(a) Employ, or demonstrate that it will employ, water conservation methods and technologies that substantially reduce water use during the term of its individual wastewater discharge permit;

(b) Currently use control and treatment technologies adequate to achieve compliance with the applicable categorical Pretreatment Standard, and not have used dilution as a substitute for treatment;

(c) Provide sufficient information to establish the facility’s actual average daily flow rate for all wastestreams, based on data from a continuous effluent flow monitoring device, as well as the facility’s long-term average production rate. Both the actual average daily flow rate and the long-term average production rate must be representative of current operating conditions;

(d) Not have daily flow rates, production levels, or pollutant levels that vary so significantly that equivalent mass limits are not appropriate to control the discharge; and

(e) Have consistently complied with all applicable categorical Pretreatment Standards during the period prior to the industrial user’s request for equivalent mass limits.

(2) An industrial user subject to equivalent mass limits must:

(a) Maintain and effectively operate control and treatment technologies adequate to achieve compliance with the equivalent mass limits;

(b) Continue to record the facility’s flow rates through the use of a continuous effluent flow monitoring device;

(c) Continue to record the facility’s production rates and notify the Director whenever production rates are expected to vary by more than 20% from its baseline production rates determined in subsection (E)(1)(c) of this section. Upon notification of a revised production rate, the Director will reassess the equivalent mass limit and revise the limit as necessary to reflect changed conditions at the facility; and

(d) Continue to employ the same or comparable water conservation methods and technologies as those implemented pursuant to subsection (E)(1)(a) of this section so long as it discharges under an equivalent mass limit.

(3) When developing equivalent mass limits, the Director:

(a) Will calculate the equivalent mass limit by multiplying the actual average daily flow rate of the regulated process(es) of the industrial user by the concentration-based daily maximum and monthly average standard for the applicable categorical Pretreatment Standard and the appropriate unit conversion factor;

(b) Upon notification of a revised production rate, will reassess the equivalent mass limit and recalculate the limit as necessary to reflect changed conditions at the facility; and

(c) May retain the same equivalent mass limit in subsequent individual wastewater discharge permit terms if the industrial user’s actual average daily flow rate was reduced solely as a result of the implementation of water conservation methods and technologies, and the actual average daily flow rates used in the original calculation of the equivalent mass limit were not based on the use of dilution as a substitute for treatment pursuant to Section 51.40. The industrial user must also be in compliance regarding the prohibition of bypass.

(F) The Director may convert the mass limits of the categorical Pretreatment Standards of 40 CFR Parts 414, 419, and 455 to concentration limits for purposes of calculating limitations applicable to individual industrial users. The conversion is at the discretion of the Director.

(G) Once included in its permit, the industrial user must comply with the equivalent limitations developed in this section in lieu of the promulgated categorical standards from which the equivalent limitations were derived.

(H) Many categorical Pretreatment Standards specify one limit for calculating maximum daily discharge limitations and a second limit for calculating maximum monthly average, or four-day average limitations. Where such standards are being applied, the same production or flow figure shall be used in calculating both the average and maximum equivalent limitation.

(I) Any industrial user operating under a permit incorporating equivalent mass or concentration limits calculated from a production-based standard shall notify the Director within two business days after the user has a reasonable basis to know that the production level will significantly change within the next calendar month. Any user not notifying the Director of such anticipated change will be required to meet the mass or concentration limits in its permit that were based on the original estimate of the long-term average production rate.

(Ord. 06-74; Am. Ord. 18-14)

51.36 STATE OF NEW MEXICO PRETREATMENT STANDARDS.

Users must comply with the State of New Mexico pretreatment standards, NMSA 1978 § 3-17-1.

(Ord. 18-14)

51.37 LOCAL LIMITS.

(A) The city is authorized to establish local limits pursuant to 40 CFR 403.5(c).

(B) Local limits shall be established by resolution of the Governing Body and protect against pass through and interference.

(1) No person shall discharge wastewater containing in excess of the following daily maximum allowable discharge limits:

(a) One hundred mg/l oil and grease (petroleum or mineral oil products); and

(b) Three hundred mg/l oil and grease (animal and vegetable based).

(C) Local limits apply at the point where the wastewater is discharged to the POTW (end of the pipe). All concentrations for metallic substances are for total metal unless indicated otherwise. The Director may impose mass limitations in addition to, or in place of, the concentration-based limitations above. Where a user is subject to a categorical Pretreatment Standard and a local limit for a given pollutant, the more stringent limit or applicable pretreatment standard shall apply. Categorical Pretreatment Standards apply at the end of the process immediately following treatment technology, if any, whereas local limits apply at the end of pipe (at the point of connection to the POTW’s collection system). The Director will require the installation of appropriate sampling points so that sampling events comply with this standard.

(D) The city may develop BMPs as a local limit by Governing Body resolution or as a limit in individual industrial wastewater discharge permits. BMPs may also be established to implement local limits and the requirements of Section 51.34(B)(1) through (24).

(E) A surcharge may be assessed against persons discharging wastewaters that are of a greater strength and volume than domestic wastewater.

(F) The surcharge is applied in addition to existing user charges for water and sewer connections. Surcharge rates are found in this Chapter 51, Water and Wastewater Rules and Rates.

(Ord. 06-74; Am. Ord. 18-14. Formerly 51.36)

51.38 CITY’S RIGHT OF REVISION.

The city reserves the right to establish, by ordinance or in wastewater discharge permits, more stringent standards or requirements on discharges to the POTW consistent with the purpose of this chapter.

(Ord. 06-74; Am. Ord. 18-14. Formerly 51.37)

51.39 SPECIAL AGREEMENT.

The city reserves the right to enter into special agreements with users setting out special terms under which they may discharge to the POTW. In no case will a special agreement waive compliance with a categorical Pretreatment Standard or federal pretreatment requirement. However, the user may request a net gross adjustment to a categorical standard in accordance with 40 CFR 403.15. They may also request a variance from the categorical Pretreatment Standard from the Approval Authority in accordance with 40 CFR 403.13.

(Ord. 06-74; Am. Ord. 18-14. Formerly 51.38)

51.40 DILUTION.

No user shall ever increase the use of process water, or in any way attempt to dilute a discharge, as a partial or complete substitute for adequate treatment to achieve compliance with an applicable pretreatment standard or requirement unless expressly authorized by an applicable pretreatment standard or requirement. The Director may impose mass limitations on users who are using dilution to meet applicable pretreatment standards or requirements, or in other cases when the imposition of mass limitations is appropriate.

(Ord. 06-74; Am. Ord. 18-14. Formerly 51.39)

51.41 PRETREATMENT FACILITIES.

Users shall provide necessary wastewater treatment as required to comply with this subchapter and shall achieve compliance with all categorical Pretreatment Standards, local limits, and the prohibitions set out in Section 51.34 within the time limitations specified by the EPA, the state, or the Director, whichever is more stringent. Any facilities required to pretreat wastewater to a level acceptable to the city shall be provided, operated, and maintained in good working order at the user’s expense. Detailed plans describing such facilities and operating procedures shall be submitted to the city for review, and shall be acceptable to the city before construction of the facility. The review of such plans and operating procedures will in no way relieve the user from the responsibility of modifying the facility as necessary to produce an acceptable discharge to the city under the provisions of this subchapter.

(Ord. 06-74; Am. Ord. 18-14. Formerly 51.40)

51.42 DEADLINE FOR COMPLIANCE WITH APPLICABLE PRETREATMENT REQUIREMENTS.

(A) Compliance by existing users (categorical users) covered by categorical Pretreatment Standards shall be within three years of the date the standard is effective unless a shorter compliance time is specified in the appropriate standard. The city shall establish a final compliance deadline date for any existing user not covered by categorical Pretreatment Standards or for any categorical user when the local limits for said user are more restrictive than EPA’s categorical Pretreatment Standards.

(B) New source dischargers and new users are required to comply with applicable pretreatment standards within the shortest feasible time, not to exceed 90 days from the beginning of discharge. Prior to discharge, new sources and new users shall install and have in operating condition, and shall start-up all pollution control equipment required to meet applicable pretreatment standards.

(C) Any wastewater discharge permit issued to a categorical user shall not contain a compliance date beyond any deadline date established in EPA’s categorical Pretreatment Standards. Any other existing user or a categorical user that must comply with a more stringent local limit which is in noncompliance with any local limits shall be provided with a compliance schedule placed in an industrial wastewater permit to ensure compliance within the shortest time feasible.

(Ord. 06-74; Am. Ord. 18-14. Formerly 51.41)

51.43 ADDITIONAL PRETREATMENT MEASURES.

(A) Whenever deemed necessary, the Director may require users to restrict their discharge during peak flow periods, designate that certain wastewater be discharged only into specific sewers, relocate and/or consolidate points of discharge, separate sewage wastestreams from industrial wastestreams, and such other conditions as may be necessary to protect the POTW and determine the user’s compliance with the requirements of this subchapter.

(B) Whenever deemed necessary, the Director may require a user to install and maintain, on his property and at his expense, a suitable storage and flow-control facility to ensure equalization of flow over a 24-hour period. An individual wastewater discharge permit may be issued solely for flow equalization.

(C) Grease, oil, and sand interceptors shall be provided when, in the opinion of the Director, they are necessary for the proper handling of wastewater containing excessive amounts of grease and oil, or sand; except that such interceptors shall not be required for residential users. All interception units shall be of type and capacity approved by the Director and shall be so located to be easily accessible for cleaning and inspection. Such interceptors shall be inspected, cleaned, and repaired regularly, as needed, by the user at their expense.

(D) Users with the potential to discharge flammable substances may be required to install and maintain an approved combustible gas detection meter.

(Ord. 06-74; Am. Ord. 18-14. Formerly 51.42)

51.44 ACCIDENTAL SPILL PREVENTION PROGRAM AND SLUG DISCHARGE CONTROL PLANS.

The Director shall evaluate whether each SIU needs an accidental discharge/slug discharge control plan or other action to control slug discharges. The Director may require any user to develop, submit for approval, and implement such a plan or take such other action that may be necessary to control slug discharges. Alternatively, the Director may develop such a plan for any user. An accidental discharge/slug discharge control plan shall address, at a minimum, the following:

(A) Description of discharge practices, including nonroutine batch discharges;

(B) Description of stored chemicals;

(C) Procedures for immediately notifying the Director of any accidental or slug discharge, as required by Section 51.69; and

(D) Procedures to prevent adverse impact from any accidental or slug discharge. Such procedures include, but are not limited to, inspection and maintenance of storage areas, handling and transfer of materials, loading and unloading operations, control of plant site runoff, worker training, building of containment structures or equipment, measures for containing toxic organic pollutants, including solvents, and/or measures and equipment for emergency response.

(Ord. 06-74; Am. Ord. 18-14. Formerly 51.43)

51.45 SEPTIC TANK WASTES.

The following prohibitions and standards will become effective upon completion of the city’s waste receiving station.

(A) Septic tank waste is prohibited from being discharged to the POTW without a current liquid waste disposal permit. The Director shall require septic tank waste haulers to obtain a liquid waste disposal permit. Permits are issued by the Director. The POTW has right of refusal for any hauled waste load. The POTW has right of refusal for any hauled waste load during high peak hours.

(B) The discharge of industrial waste by a waste hauler is prohibited; liquid waste must be domestic in nature. Such waste shall not violate Sections 51.34 through 51.37. Discharge of material defined as hazardous waste by RCRA or 40 CFR Part 261 by a waste hauler is prohibited. Discharge of wastes that violate any prohibited discharge standards of the General Pretreatment Regulations (40 CFR 403.5) or any local prohibited discharge is prohibited.

(C) Septic tank waste may be introduced into the POTW only at a designated receiving structure, and at such times as are established by the Director. No load may be discharged without prior consent of the Director.

(D) (1) The Director shall require a sample aliquot from each septage load delivered to the POTW. This sample shall be collected by a city representative to ensure that the sample is from, and representative of, the load being discharged. Each sample collected must be representative of the septage waste being unloaded at the POTW receiving station. At a minimum, the following information must be provided on the label of each sample container:

(a) Name of the waste hauling company;

(b) Time and date sample collected;

(d) Name of individual collecting sample; and

(e) Waste hauler permit number.

(2) The sample shall be stored in the provided refrigerator located at the septage receiving station. The Director shall require random testing to analyze for compliance with Sections 51.34 through 51.37.

(E) Waste hauler permittees must provide a waste-tracking form for every load. This form shall include, at a minimum:

(1) The name and address of the industrial waste hauler;

(2) Permit number;

(3) Truck identification;

(4) Names and addresses of sources of waste;

(5) Volume and characteristics of waste;

(6) Identification of the type of industry; 40 CFR Chapter I, Subchapter N;

(7) Known or suspected waste constituents; and

(8) Whether any wastes are RCRA hazardous wastes.

(F) Fees for disposal of septage loads will be established as part of the user fee system as authorized in this Chapter 51, Water and Wastewater Rules and Rates.

(G) For any hauled waste found to be noncompliant with applicable standards, the Director may refuse the company that was noncompliant from any further requests for future disposal. Also, the Director may apply enforcement remedies found in Sections 51.84 through 51.89.

(Ord. 06-74; Am. Ord. 18-14. Formerly 51.44)

51.46 FATS, OILS AND GREASE (FOG) WASTES.

Contributors that discharge FOG into the POTW shall be subject to enforcement action set forth in Sections 51.84 through 51.89 and shall comply with all other applicable provisions of this subchapter.

(Ord. 06-74; Am. Ord. 18-14. Formerly 51.45)

51.47 GREASE INTERCEPTORS.

Any establishment determined by the Director to be a FOG-contributor will be required to install a grease interceptor in accordance with the City of Rio Rancho Building Code. Grease interceptors will be installed and adequately designed and sized based on the facility flow and performance expectations and in conformance with the city’s current Uniform Plumbing Code. It is the responsibility of the FOG-contributor to maintain, repair and, if necessary, replace the grease interceptor and all plumbing associated with it.

(A) Existing FOG-contributors.

(1) Any or all grease interceptors already in place are required to be maintained and cleaned of their entire contents on a routine schedule, at least quarterly, but as often as necessary to keep the sewer system free from FOG. An interceptor may be required at the discretion of the Director for good cause, including, but not limited to, belief that a grease blockage in the collections system was due to or exacerbated by the FOG-contributor. A grease interceptor will also be required at the discretion of the Director if the facility changes ownership or if remodeling or production changes at the facility warrant. Upon notification by the Director that a grease interceptor is required, it will be the responsibility of the FOG-contributor to submit the following information, which shall include at a minimum:

(a) The size and type of interceptor to be installed; and

(b) Contact information about the contractor.

(2) Upon completion of installation, the Director shall confirm the installation.

(B) New FOG-contributors.

(1) New businesses are required to install a Uniform Plumbing Code sanctioned grease interceptor before discharging to the POTW. Exceptions may be allowed when, in the opinion of the Director, there is minimal grease discharge anticipated. Decisions of the Director are considered final administrative actions for purposes of judicial review.

(2) At the discretion of the Director in accord with the City of Rio Rancho Building Code, the size of an existing interceptor will be required to be increased or decreased if required to provide better protection to the sewer system. Upon notification by the Director that a differently sized grease interceptor is required, it will be the responsibility of the FOG-contributor to submit the following information, which shall include at a minimum:

(a) The size and type of interceptor to be installed; and

(b) Contact information about the contractor.

(3) The Director will review all modifications or installations, and notify the FOG-contributor of additional requirements. Upon completion of installations and modifications, the Director, in accord with the City of Rio Rancho Building Inspection Division, shall confirm the installation and modification.

(4) All grease interceptors shall be cleaned of their entire contents on a routine schedule, at least quarterly, but as often as necessary to keep the sewer system free from FOG. At no time will the interceptor be more than 30% full with solids, semi-solids, and grease. Interceptor cleaning must be performed by a waste hauler who is registered in the city, as set forth in Section 51.49, who holds a current and valid liquid waste disposal permit from a local facility/agency, and disposed of or recycled properly in accordance with all laws regulating such disposal/recycling. In all circumstances, the user shall be responsible for the proper removal and legal disposal of the grease interceptor/trap waste. All waste removed from each grease interceptor/trap must be disposed of at a facility permitted to receive such waste. In no manner shall any pumped grease interceptor contents be discharged to the city’s sewer system.

(5) Maintenance shall include the complete removal of all contents, including floatable materials, wastewater, sludges, and solids. Top skimming of grease interceptors, decanting or back flushing of the grease interceptor or its wastes for the purpose of reducing the volume to be hauled is prohibited. Further, the discharge of liquid, semi-solids, or solids into a grease interceptor/trap from vehicles after servicing is prohibited. It is specifically prohibited to maintain grease traps by enzymatic addition or treatment.

(6) The FOG-contributor shall obtain a manifest from the waste hauler and retain it for a period of at least three years as required by law. The original copy or other hard copy or electronic form, as approved by the Director, of the manifests shall be maintained and readily available for inspection and copying by the Director. Manifests must include, at a minimum, the following information:

(a) Date;

(b) Time;

(d) Quantity of grease trap waste disposed (in pounds or gallons);

(e) Name, address, telephone number of the company hauling the waste;

(f) Name and signature of the driver;

(g) Disposal destination.

(7) If any blockage or restriction occurs in the sewer system and if the identified source failed to properly install or maintain a grease interceptor, the city has the right to bill such an establishment for costs incurred by the city to alleviate the blockage or restriction. Any fines or penalties incurred by the city that are related to the blockage or restriction shall also be paid by the responsible establishment. If more than one source is identified, responsible parties will share the cost, as determined by the Director.

(Ord. 06-74; Am. Ord. 18-14. Formerly 51.46)

51.48 INSPECTION AND MONITORING OF FOG-CONTRIBUTORS.

(A) The city shall have the right to enter the facilities of any user to ascertain whether the purpose of this subchapter, or order issued hereunder, is being met and whether the user is complying with all requirements thereof. FOG-contributors shall allow the Director ready access to all parts of the premises for the purposes of inspection, sampling, records examination and copying, and the performance of any additional duties.

(1) Where a user has security measures in force that require proper identification and clearance before entry into its premises, the user shall make necessary arrangements with its security guards so that, upon presentation of suitable identification, the Director will be permitted to enter without delay for the purposes of performing specific responsibilities.

(2) The Director shall have the right to set up on the user’s property, or require installation of, such devices as are necessary to conduct sampling and/or metering of the user’s operations.

(3) Any temporary or permanent obstruction to safe and easy access to the facility to be inspected and/or sampled shall be promptly removed by the user at the written or verbal request of the Director and shall not be replaced. The costs of clearing such access shall be borne by the user.

(4) Unreasonable delays in allowing the Director access to the user’s premises shall be a violation of this subchapter.

(B) FOG-contributors shall also comply with other compliance monitoring requirements in Sections 51.78 through 51.81.

(C) Inspections of grease interceptors will be performed by the Director at frequencies necessary to protect the capacity of the sewer system against the accumulation of grease and oils. Penalties and fines will be levied for instances of noncompliance as deemed appropriate by the Director and will comply with Sections 51.84 through 51.89.

(Ord. 06-74; Am. Ord. 18-14. Formerly 51.47)

51.49 REGISTRATION OF WASTE HAULERS.

(A) Waste haulers must register with the City Utilities Department in order to continue to conduct business, empty grease interceptors, and transport waste within the city limits. The registration will include, at a minimum, the following information:

(1) Name, address, telephone number of the company hauling the waste;

(2) Emergency 24-hour contact phone number;

(3) Type of waste to be transported through the city;

(4) Truck information;

(5) Manner(s) of disposal of waste.

(B) Fees for waste hauler registration will be established as part of the user fee system as authorized in this Chapter 51, Water and Wastewater Rules and Rates.

(Ord. 06-74; Am. Ord. 18-14. Formerly 51.48)

51.50 PROVISION FOR FRAUD AND FALSE STATEMENTS.

Reports and other documents required under this subchapter are subject to 18 U.S.C. Section 1001, related to fraud and false statements; Section 309(c)(4) of the Clean Water Act governing false statements, representation or certification; and Section 309(c)(6) of the Clean Water Act, regarding responsible corporate officers (40 CFR 403.12(n)).

(Ord. 06-74; Am. Ord. 18-14. Formerly 51.49)

51.51 INDIVIDUAL WASTEWATER DISCHARGE PERMIT REQUIREMENTS.

Wastewater analysis. When requested by the Director, a user must submit information on the nature and characteristics of its wastewater within 60 days of the request. The Director is authorized to prepare a form for this purpose and may periodically require users to update this information.

(A) No SIU shall discharge wastewater into the POTW without first obtaining an individual wastewater discharge permit from the Director, except that a SIU that filed a timely application pursuant to Section 51.52(A) may continue to discharge for the time period specified herein.

(B) Any violation of the terms and conditions of an individual wastewater discharge permit shall be deemed a violation of this subchapter and subject the wastewater discharge permittee to the provisions set forth in this subchapter. Obtaining an individual 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.

(C) The Director may deny, or condition new or increased contributions of pollutants, or changes in the nature of pollutants, to the POTW by industrial users where such contributions do not meet applicable pretreatment standards and requirements or where such contributions would cause the POTW to violate its NPDES permit.

(D) The Director may require other users, including liquid waste haulers and FOG-contributors, to obtain an individual wastewater discharge permit, as necessary, to carry out the purposes of this subchapter.

(Ord. 06-74; Am. Ord. 18-14. Formerly 51.50)

51.52 WASTEWATER DISCHARGE PERMITTING.

(A) Existing SIU. Any user required to obtain an individual wastewater discharge permit who was discharging wastewater into the POTW prior to the effective date of this subchapter and that wishes to continue such discharges in the future shall, within 90 days after notification by the Director, submit a permit application to the city in accordance with Section 51.53. The SIU shall not cause or allow discharges to the POTW to continue after 180 days of the effective date of this subchapter except in accordance with an individual wastewater discharge permit issued by the Director.

(B) New source and new user. At least 90 days prior to the anticipated startup, new sources, sources that become a user subsequent to the promulgation of an applicable categorical Pretreatment Standard, and new users considered by the city to fit the definition of SIU shall apply for a wastewater discharge permit and will be required to submit to the city at a minimum the information listed in Sections 51.53(A) through (E). A new source or new user shall not discharge without first receiving a wastewater discharge permit from the city. New sources and new users shall also be required to include in their application information on the method of pretreatment the user intends to use to meet applicable pretreatment standards. New sources and new users shall give estimates of the information requested as required by Sections 51.53(D) and (E).

(C) Extrajurisdictional users. Any existing user located beyond the city limits required to obtain a wastewater discharge permit shall submit a wastewater discharge permit application as outlined in subsection (A) of this section. New sources and new users located beyond the city limits required to obtain a wastewater discharge permit shall comply with subsection (B) of this section. Upon review and approval of such application, the Director may enter into a contract with the user that requires the user to subject itself to, and abide by, this subchapter, including all permitting, compliance monitoring, reporting, and enforcement provisions herein.

(Ord. 06-74; Am. Ord. 18-14. Formerly 51.51)

51.53 WASTEWATER DISCHARGE PERMIT APPLICATION CONTENTS.

All users required to obtain an individual wastewater discharge permit must submit a permit application. The Director shall approve a form to be used as a permit application. Categorical users submitting the following information shall have complied with 40 CFR 403.12(b). Incomplete or inaccurate applications will not be processed and will be returned to the user for revision.

(A) Identifying information. The user shall submit the name and address of the facility including the name of the operator and owners. Additional required information includes: contact information, description of activities, facilities, and plant production processes on the premises.

(B) Permits. The user shall submit a list of any environmental control permits held by or for the facility.

(C) Description of operations. The user shall submit a brief description of the nature, average rate of production, and standard industrial classification of the operation(s) carried out by such industrial user, including types of wastes generated, 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 POTW; number and type of employees; hours of operation, and proposed or actual hours of operation; each product produced by type, amount, process or processes, and rate of production; type and amount of raw materials processed (average and maximum per day); and the time and duration of discharges. This description should also include a schematic process diagram that indicates all points of discharge to the POTW from the regulated or manufacturing processes; disclosure of site plans, floor plans, mechanical and plumbing plans and details to show all sewers, sewer connections, inspection manholes, sampling chambers, floor drains and appurtenances, by size, location and elevation; the location for monitoring all wastes covered by the permit.

(D) Flow measurement.

(1) Categorical industrial user. The user shall submit information showing the measured average daily and maximum daily flow, in gallons per day, to the POTW from each of the following:

(a) Regulated or manufacturing process streams; and

(b) Other streams as necessary to allow use of the combined wastestream formula of 40 CFR 403.6(e). The formula used must be approved by the Director.

(2) Noncategorical industrial user. The user shall submit information showing the measured average daily and maximum daily flow, in gallons per day, to the POTW from each of the following:

(a) Total process flow, wastewater treatment plant flow, total plant flow or individual manufacturing process flow as required by the Director;

(b) The city may allow for verifiable estimates of these flows where considerations are justified by cost or feasibility.

(E) Measurements of pollutants.

(1) Categorical industrial user.

(a) The user shall identify and measure the categorical Pretreatment Standards applicable for each regulated process for existing sources. In addition, the user shall submit the results of sampling and analysis identifying the nature and concentration and/or mass, where required by the standard or as required by the city of regulated pollutants (including standards contained in Sections 51.34 through 51.37, as appropriate) in the discharge from each regulated or manufacturing process. Instantaneous, daily maximum and long-term average concentration, or mass, where required, shall be reported. The sample shall be representative of daily operations and shall conform to sampling and analytical procedures outlined in Sections 51.75 through 51.77. In cases where the standard requires compliance with a BMP or pollution prevention alternative, the user shall submit documentation as required by the Control Authority or the applicable standards to determine compliance with the standard. The user shall take a minimum of one representative sample to compile that data necessary to comply with the requirements of this section.

(b) Where an alternate concentration or mass limit has been calculated in accordance with 40 CFR 403.6(e) for a CIU covered by a categorical Pretreatment Standard, this adjusted limit, along with supporting data, shall be submitted as part of the application.

(2) Noncategorical industrial user.

(a) The user shall identify the applicable pretreatment standards for its wastewater discharge.

(b) In addition, the user shall submit the results of sampling and analysis identifying the nature and concentration (or mass where required by the city) of regulated pollutants contained in Sections 51.34 through 51.37, as appropriate, in the discharge. Both daily maximum and average concentration (or mass, where required) shall be reported. The sample shall be representative of daily operations and shall conform to sampling and analytical procedures outlined in Sections 51.75 through 51.77.

(c) The user shall take a minimum of one representative sample to compile that data necessary to comply with the requirements of this section.

(d) Where the Director developed alternate concentration or mass limits because of dilution, this adjusted limit, along with supporting data, shall be submitted as part of the application.

(3) All samples shall be taken in accordance with the requirements of Sections 51.75(A) through (C).

(F) Certification. A statement, reviewed by an authorized representative of the user and certified by a qualified professional as outlined in Section 51.54, indicating whether the applicable pretreatment standards are being met on a consistent basis, and, if not, whether additional operation and maintenance (O&M) and/or additional pretreatment is required for the user to meet the applicable pretreatment standards and requirements. All plans required to accompany the application must be certified for accuracy by a state registered professional engineer.

(G) Compliance schedule. If additional pretreatment and/or O&M will be required to meet the applicable pretreatment standards, the shortest schedule by which the user will provide such additional pretreatment and/or O&M must be provided. The user’s schedule shall conform to the requirements of Section 51.66. The completion date in this schedule shall not be later than the compliance date established pursuant to Section 51.42.

(H) Any other information as may be deemed necessary by the Director to evaluate the wastewater discharge permit application.

(Ord. 06-74; Am. Ord. 18-14. Formerly 51.52)

51.54 SIGNATORY AND CERTIFICATION REQUIREMENT.

Certification of permit applications, user reports and initial monitoring waiver. The following certification statement is required to be signed and submitted by users submitting permit applications in accordance with Section 51.53; users submitting baseline monitoring reports under Section 51.63 (40 CFR 403.12 (l)); users submitting reports on compliance with the categorical Pretreatment Standard deadlines under Section 51.64 (40 CFR 403.12(d)); users submitting periodic compliance reports required by Section 51.65 (40 CFR 403.12(e) and (h)); and users submitting an initial request to forgo sampling of a pollutant on the basis of Section 51.65 (40 CFR 403.12(e)(2)(iii)). The following certification statement must be signed by an authorized representative as defined in Section 51.32:

I certify under penalty of law that this document and all attachments were prepared under my direction or supervision in accordance with a system designed to assure that qualified personnel properly gather and evaluate the information submitted. Based on my inquiry of the person or persons who manage the system, or those persons directly responsible for gathering the information, the information submitted is, to the best of my knowledge and belief, true, accurate, and complete. I am aware that there are significant penalties for submitting false information, including the possibility of fine and imprisonment for knowing violations.

(A) If the designation of an authorized representative is no longer accurate because a different individual or position has responsibility for the overall operation of the facility or overall responsibility for environmental matters for the company, a new written authorization satisfying the requirement of this section must be submitted to the city prior to, or together with, any reports to be signed by an authorized representative.

(B) A facility determined to be a nonsignificant categorical industrial user by the city must annually submit the following signed certification statements:

(1) Annual certification for nonsignificant categorical industrial users. A facility determined to be a nonsignificant categorical industrial user by the city, pursuant to the definition of a significant industrial user, subsection (3), contained in Section 51.32, must annually submit the following certification statement signed by the authorized representative as defined in Section 51.32. This certification must accompany an alternative report required by the city:

Based on my inquiry of the person or persons directly responsible for managing compliance with the categorical Pretreatment Standards under 40 CFR _____ [specify applicable national pretreatment standard part(s)], I certify that, to the best of my knowledge and belief that during the period from ____________, _____________ to ________________, _________ [months, days, year]:

(a) The facility described as [facility name] met the definition of a non-significant categorical industrial user. The facility complied with all applicable pretreatment standards and requirements during this reporting period; and (b) the facility never discharged more than 100 gallons of total categorical wastewater on any given day during this reporting period.

This compliance certification is based on the following information:

(2) Certification of pollutants not present. Users that have an approved monitoring waiver based on Section 51.65(B) must certify on each report with the following statement that there has been no increase in the pollutant in its wastestream due to activities of the user (40 CFR 403.12(e)(2)(v)):

Based on my inquiry of the person or persons directly responsible for managing compliance with the pretreatment standard under 40 CFR ______ [specify applicable National Pretreatment Standard part(s)], I certify that, to the best of my knowledge and belief, there has been no increase in the level of ________________ [list pollutant(s)] in the wastewaters due to the activities at the facility since filing of the last required periodic report.

(Ord. 06-74; Am. Ord. 18-14. Formerly 51.53)

51.55 WASTEWATER DISCHARGE PERMIT DECISIONS.

The Director will evaluate the data furnished by the user and may require additional information. Within 30 days of receipt of a complete wastewater discharge permit application, the Director will determine whether or not to issue an individual wastewater discharge permit. Upon a determination to issue, the permit shall be issued within 30 days of full evaluation and acceptance of the data furnished. The Director may deny any application for a wastewater discharge permit.

(Ord. 06-74; Am. Ord. 18-14. Formerly 51.54)

51.56 WASTEWATER DISCHARGE PERMIT CONTENTS.

Individual wastewater discharge permits shall include such conditions as are reasonably deemed necessary by the Director to prevent pass through or interference, protect the quality of the water body receiving the treatment plant’s effluent, protect worker health and safety, facilitate sludge management and disposal, and protect against damage to the POTW.

(A) Individual wastewater discharge permits must contain the following conditions:

(1) A statement that indicates wastewater discharge permit issuance date, expiration date and effective date;

(2) A statement that the wastewater discharge permit is nontransferable without prior notification to and approval from the city, and provisions for furnishing the new owner or operator with a copy of the existing wastewater discharge permit;

(3) Effluent limits, including BMPs, based on the applicable pretreatment standards;

(4) Self-monitoring, sampling, reporting, notification, submittal of technical reports, compliance schedules, and recordkeeping requirements. These requirements shall include an identification of pollutants or BMPs to be monitored, sampling location, sampling frequency, and sample type based on federal, state, and local law;

(5) Requirement for immediate notification, or within 24 hours, to the city where self-monitoring results indicate noncompliance;

(6) Requirement to report a bypass or upset of a pretreatment facility;

(7) Requirement to control slug discharge, if determined by the city to be necessary;

(8) Requirement for the SIU who reports noncompliance to repeat the sampling and analysis and submit results to the city within 30 days after becoming aware of the violation;

(9) A statement of applicable civil, criminal, and administrative penalties for violation of pretreatment standards and requirements, and any applicable compliance schedule. Such schedule may not extend the time for compliance beyond that required by applicable federal, state, or local law;

(10) Any grant of the monitoring waiver by the city must be included as a condition in the user’s permit.

(B) Individual wastewater discharge permits may contain, but need not be limited to, the following conditions:

(1) Limits on the average and/or maximum rate of discharge, time of discharge, and/or requirements for flow regulation and equalization;

(2) Requirements for the installation of pretreatment technology, pollution control, or construction of appropriate containment devices, designed to reduce, eliminate, or prevent the introduction of pollutants into the POTW;

(3) Requirements for the development and implementation of spill control plans or other special conditions, including management practices, necessary to adequately prevent accidental, unanticipated, or routine discharges;

(4) Development and implementation of waste minimization plans to reduce the amount of pollutants discharged to the POTW;

(5) The unit charge or schedule of user charges and fees for the management of the wastewater discharged to the POTW;

(6) Requirements for installation and maintenance of inspection and sampling facilities and equipment, including flow measurement devices;

(7) A statement that compliance with the individual wastewater discharge permit does not relieve the permittee of responsibility for compliance with all applicable federal and state pretreatment standards, including those which become effective during the term of the individual wastewater discharge permit;

(8) Any special agreements the Director chooses to continue or develop between the city and user; and

(9) Other conditions as deemed appropriate by the Director to ensure compliance with this subchapter and federal laws, rules, and regulations.

(Ord. 06-74; Am. Ord. 18-14. Formerly 51.55)

51.57 WASTEWATER DISCHARGE PERMIT APPEALS.

Any person, including the user, may petition the Director to reconsider the terms of an individual wastewater discharge permit within 30 days of its issuance.

(A) Failure to submit a timely petition for review shall be deemed to be a waiver of the administrative appeal.

(B) In its petition, the appealing party must indicate the individual wastewater discharge permit provisions objected to, the reasons for this objection, and the alternative condition, if any, it seeks to place in the individual wastewater discharge permit.

(D) If, after considering the petition and any arguments, the Director determines that reconsideration is proper, it shall remand the permit for reissuance. The permit provisions being reconsidered shall be stayed pending reissuance of the permit.

(E) If the Director fails to act within 30 days, a request for reconsideration shall be deemed to be denied. Decisions not to reconsider an individual wastewater discharge permit, not to issue an individual wastewater discharge permit, or not to modify an individual wastewater discharge permit shall be considered final administrative actions for purposes of judicial review.

(F) Aggrieved parties seeking judicial review of the final administrative individual wastewater discharge permit decision must do so by filing a complaint with the district court, or such other courts as may have jurisdiction, within 30 days of denial by the Director.

(Ord. 06-74; Am. Ord. 17-02; Am. Ord. 18-14. Formerly 51.56)

51.58 WASTEWATER DISCHARGE PERMIT DURATION.

Individual wastewater discharge permits shall be issued for a specified time period, not to exceed five years from the effective date of the permit. An individual wastewater discharge permit may be issued for a period less than five years, at the discretion of the Director. Each individual wastewater discharge permit will indicate a specific date upon which it will expire.

(Ord. 06-74; Am. Ord. 18-14. Formerly 51.57)

51.59 WASTEWATER DISCHARGE PERMIT MODIFICATION.

The Director may modify an individual wastewater discharge permit for good cause including, but not limited to, the following reasons:

(A) To incorporate any new or revised federal, state, or local pretreatment standards or requirements;

(B) 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;

(C) A change in the POTW that requires either a temporary or permanent reduction or elimination of the authorized discharge;

(D) Information indicating that the permitted discharge poses a threat to the city’s POTW, city personnel, or the receiving waters;

(E) Violation of any terms or conditions of the wastewater discharge permit;

(F) Misrepresentations or failure to fully disclose all relevant facts in the wastewater discharge permit application or in any required reporting;

(G) Revision of or a grant of variance from categorical Pretreatment Standards pursuant to 40 CFR 403.13;

(H) To correct typographical or other errors in the wastewater discharge permit;

(I) To reflect a transfer of the facility ownership and/or operation to a new owner/operator, as permitted in Section 51.60;

(J) Upon request of the permittee, provided such request does not create a violation of any applicable requirements, standards, laws, or rules and regulations.

(Ord. 06-74; Am. Ord. 18-14. Formerly 51.58)

51.60 INDIVIDUAL WASTEWATER DISCHARGE PERMIT TRANSFER.

(A) Individual wastewater discharge permits may be reassigned or transferred to a new owner and/or operator only if the permittee gives at least 30 days’ advance notice to the Director, and the Director approves the individual wastewater discharge permit transfer. At his discretion, the Director may allow a shorter notification period for good cause. The notice to the Director must include a written certification by the new owner and/or operator which:

(1) States that the new owner and/or operator has no immediate intent to change the facility’s operations and processes;

(2) Identifies the specific date on which the transfer is to occur; and

(3) Acknowledges full responsibility for complying with the existing individual wastewater discharge permit.

(B) In addition, the new owner/operator must be given a copy of the existing industrial discharge permit.

(C) Failure to provide advance notice of a transfer renders the individual wastewater discharge permit void as of the date of facility transfer.

(D) Provided that the above conditions for a permit transfer are met and that there were no significant changes to the manufacturing operation or wastewater discharge, the permit may be transferred to the new owner and the facility’s discharge may be covered by the existing limits and requirements.

(Ord. 06-74; Am. Ord. 18-14. Formerly 51.59)

51.61 INDIVIDUAL WASTEWATER DISCHARGE PERMIT REVOCATION.

(A) An individual wastewater discharge permit may be revoked for good cause, including, but not limited to, the following reasons:

(1) Failure to notify the city of significant changes to the wastewater prior to the changed discharge;

(2) Failure to provide prior notification to the city of changed conditions;

(3) Misrepresentation or failure to fully disclose all relevant facts in the wastewater discharge permit application;

(4) Falsifying self-monitoring reports and certification statements;

(5) Tampering with monitoring equipment;

(6) Refusing to allow the city timely access to the facility premises and records;

(7) Failure to meet effluent limitations;

(8) Failure to pay fines;

(9) Failure to pay sewer charges;

(10) Failure to meet compliance schedules;

(11) Failure to complete a wastewater survey or the wastewater discharge permit application;

(12) Failure to provide advance notice of the transfer of business ownership of a permitted facility;

(13) If the city has to invoke its emergency provision as cited in Section 51.84(I); or

(14) Violation of any pretreatment standard or requirement, or any terms of the wastewater discharge permit or this subchapter.

(B) Individual wastewater discharge permits shall be voidable upon cessation of operations or transfer of business ownership. All individual wastewater discharge permits issued to a user are void upon the issuance of a new individual wastewater discharge permit to that user.

(C) The Director shall schedule an adjudicatory hearing to hear appeals as provided herein. The City Manager shall establish rules or procedures for such hearing.

(1) Any user may request a hearing in the event that the Director gives notice to the user that the user’s wastewater discharge permit will be suspended or revoked. All other determinations by the Director shall be the final administrative decision.

(2) Any user subject to a notice of revocation or suspension of a wastewater discharge permit shall submit a written request for a hearing to review the suspension or revocation to the Director within 10 days of the user’s receipt of such notice.

(3) Failure of the user to submit a request for hearing shall preclude the user from any appeal of the suspension or revocation, including administrative appeal and judicial appeal or review. Upon timely receipt of a request for hearing the Director shall convene on the matter.

(4) The request for hearing shall set forth with particularity the matter complained of and the alleged error of the Director’s determination to suspend or revoke.

(5) The suspension or revocation shall continue in effect from the effective date given in the notice of the suspension or revocation until completion of the hearing; provided, that all such hearings shall begin within 30 days of the day the Director received the request for hearing. In the event the hearing is not begun within the 30-day period, the suspension or revocation shall be terminated until the Director issues a final determination.

(6) When the Director determines that the contested issues are only of law, the examination need not include oral argument of the parties or their counsel or an evidentiary proceeding. The Director’s final order shall be the final administrative decision and shall exhaust all administrative remedies of the parties.

(7) A nonrefundable hearing fee of $50 shall accompany each request for hearing by the Director filed pursuant to this section.

(D) The exclusive remedy for any party dissatisfied with any final decision of the Director shall be the filing of a petition for writ of certiorari to the 13th District Court of Sandoval County within 30 days after written notice of the decision to the concerned party. The petition for review shall be limited to the record of the proceedings of the Director.

(Ord. 06-74; Am. Ord. 17-02; Am. Ord. 18-14. Formerly 51.60)

51.62 INDIVIDUAL WASTEWATER DISCHARGE PERMIT REISSUANCE.

(A) A user with an expiring individual wastewater discharge permit shall apply for individual wastewater discharge permit reissuance by submitting a complete wastewater discharge permit application, in accordance with Section 51.53, a minimum of 90 days prior to the expiration of the user’s existing individual wastewater discharge permit.

(B) An expired permit will continue to be effective and enforceable until the permit is reissued if:

(1) The nondomestic user has submitted a complete permit application at least 90 days prior to the expiration date of the user’s existing permit; and

(2) The failure to reissue the permit, prior to expiration of the previous permit, is not due to any act or failure to act on the part of the nondomestic user.

(Ord. 06-74; Am. Ord. 18-14. Formerly 51.61)

51.63 BASELINE MONITORING REPORTS.

Within either 180 days after the effective date of a categorical Pretreatment Standard, or the final administrative decision on a category determination under 40 CFR 403.6(a)(4) (whichever is later), existing CIUs currently discharging to or scheduled to discharge to the POTW shall be required to submit to the city a report which contains the information listed in Section 51.53. At least 90 days prior to commencement of their discharge, new sources, and sources that become CIUs subsequent to the promulgation of an applicable categorical standard, shall be required to submit to the city a report which contains the information listed in Section 51.53. A new source shall also be required to report the method of pretreatment it intends to use to meet applicable categorical standards. A new source shall also give estimates of its anticipated flow and quantity of pollutants to be discharged.

(A) Users described above shall submit the information set forth below:

(1) All information required in Section 51.53(A) through (D).

(2) Measurement of pollutants (40 CFR 403.12(b)(5)).

(a) The user shall provide the information required in Section 51.53(E).

(b) The user shall take a minimum of one representative sample to compile that data necessary to comply with the requirements of this section.

(c) Samples should be taken immediately downstream from pretreatment facilities if such exist or immediately downstream from the regulated process if no pretreatment exists. If other wastewaters are mixed with the regulated wastewater prior to pretreatment the user should measure the flows and concentrations necessary to allow use of the combined wastestream formula in 40 CFR 403.6(e) to evaluate compliance with the pretreatment standards. Where an alternate concentration or mass limit has been calculated in accordance with 40 CFR 403.6(e), this adjusted limit along with supporting data shall be submitted to the Control Authority.

(B) Sampling and analysis for the baseline monitoring reports (BMR) shall be performed in accordance with Sections 51.75 and 51.76.

(C) The city may allow the submission of a BMR which utilizes only historical data, so long as the data provides information sufficient to determine the need for industrial pretreatment measures.

(D) The BMR shall indicate the time, date and place of sampling and methods of analysis, and shall certify that such sampling and analysis is representative of normal work cycles and expected pollutant discharges to the POTW.

(E) Compliance certification. A statement, reviewed by the user’s authorized representative as defined in Section 51.32 and certified by a qualified professional, indicating whether pretreatment standards are being met on a consistent basis, and, if not, whether additional operation and maintenance (O&M) and/or additional pretreatment is required to meet the pretreatment standards and requirements.

(F) Compliance schedule. If additional pretreatment and/or O&M will be required to meet the pretreatment standards, the shortest schedule by which the user will provide such additional pretreatment and/or O&M must be provided. The completion date in this schedule shall not be later than the compliance date established for the applicable pretreatment standard. A compliance schedule pursuant to this section must meet the requirements set out in Section 51.64.

(G) Signature and report certification. All BMRs must be certified in accordance with Section 51.54 and signed by an authorized representative as defined in Section 51.32.

(Ord. 06-74; Am. Ord. 18-14. Formerly 51.62)

51.64 FINAL COMPLIANCE REPORT (INITIAL COMPLIANCE REPORT).

(A) Within 90 days following the date for final compliance with applicable categorical Pretreatment Standards and requirements set forth in this subchapter, in a wastewater discharge permit, or within 30 days following commencement of the introduction of wastewater into the POTW by a new source or new users that is considered by the city to fit the definition of SIU, the affected user shall submit a report to the city containing the information outlined in Sections 51.53(D) through (F).

(B) For users subject to equivalent mass or concentration limits established by the city in accordance with procedures established in 40 CFR 403.6(c), this report shall contain a reasonable measure of the user’s long-term production rate. For all other users subject to categorical Pretreatment Standards expressed in terms of allowable pollutant discharge per unit of production (or other measure of operation), this report shall include the user’s actual production during the appropriate sampling period. All compliance reports must be signed and certified in accordance with Section 51.54. All sampling will be done in conformance with Section 51.75.

(Ord. 06-74; Am. Ord. 18-14. Formerly 51.63)

51.65 PERIODIC COMPLIANCE REPORT.

(A) Any user that is required to have an industrial waste discharge permit and performs self-monitoring shall submit reports indicating the nature and concentration of pollutants in the discharge which are limited by pretreatment standards and the measured or estimated average and maximum daily flows for the reporting period to the city during the months of June and December, unless required on other dates or more frequently by the city. In cases where the pretreatment standard requires compliance with a BMP or pollution prevention alternative, the user must submit documentation required by the Director or the pretreatment standard necessary to determine the compliance status of the user. The frequency of monitoring shall be as prescribed within the industrial waste discharge permit. At a minimum, users shall sample their discharge at least twice per year, unless specified differently in the user’s industrial waste discharge permit. The city will inspect and independently sample the discharge of industrial users at least once each year.

(B) The city may authorize an industrial user subject to categorical Pretreatment Standards to forgo sampling of a pollutant regulated by a categorical Pretreatment Standard if the user has demonstrated through sampling and other technical factors that the pollutant is neither present nor expected to be present in the discharge, or it is present only at background levels from intake water and without any increase in the pollutant due to activities of the user, per 40 CFR 403.12(e)(2). This authorization is subject to the following conditions:

(1) The waiver may be authorized where a pollutant is determined to be present solely due to sanitary wastewater discharged from the facility; provided, that the sanitary wastewater is not regulated by an applicable categorical standard and otherwise includes no process wastewater.

(2) The monitoring waiver is valid only for the duration of the effective period of the individual wastewater discharge permit, but in no case longer than five years. The user must submit a new request for the waiver before the waiver can be granted for each subsequent individual wastewater discharge permit.

(3) In making a demonstration that a pollutant is not present, the user must provide data from at least one sampling of the facility’s process wastewater prior to any treatment present at the facility that is representative of all wastewater from all processes.

(4) The request for a monitoring waiver must be signed by an authorized representative, and include the certification statement in Section 51.54 (40 CFR 403.6(a)(2)(ii)).

(5) Nondetectable sample results may be used only as a demonstration that a pollutant is not present if the EPA-approved method from 40 CFR Part 136 with the lowest minimum detection level for that pollutant was used in the analysis.

(6) Any grant of the monitoring waiver by the Director must be included as a condition in the user’s permit. The reasons supporting the waiver and any information submitted by the user in its request for the waiver must be maintained by the Director for three years after expiration of the waiver.

(7) Upon approval of the monitoring waiver and revision of the user’s permit by the Director, the user must certify on each report with the statement in Section 51.54(B)(2) that there has been no increase in the pollutant in its wastestream due to activities of the user.

(8) In the event that a waived pollutant is found to be present or is expected to be present because of changes that occur in the user’s operations, the user must immediately notify the Director and immediately comply with the monitoring requirements of subsection (A) of this section, or other more frequent monitoring requirements imposed by the Director.

(9) This provision does not supersede certification processes and requirements established in categorical Pretreatment Standards, except as otherwise specified in the categorical Pretreatment Standards.

(C) The report shall include a record of the nature and concentration (and mass if specified in the wastewater discharge permit) of the pollutants listed in the wastewater discharge permit that were measured and a record of all estimated and measured flows (average and maximum daily flows) taken at the designated sampling locations, and shall also include any additional information required by this subchapter or the wastewater discharge permit. Production data shall be reported if required by the wastewater discharge permit. Both daily maximum and average concentration (or mass, where required) shall be reported. If a user sampled and analyzed more frequently than what was required by the city or by this subchapter, using methodologies in 40 CFR Part 136, it must submit all results of sampling and analysis of the discharge during the reporting period.

(D) Any user subject to equivalent mass or concentration limits established by the city or by unit production limits specified in the applicable categorical standards shall report production data as outlined in Section 51.64(B).

(E) If the city calculated limits to factor out dilution flows or nonregulated flows, the user will be responsible for providing flows from the regulated process flows, dilution flows and nonregulated flows.

(F) Flows shall be reported on the basis of actual measurement; provided, however, that the city may accept reports of average and maximum flows estimated by verifiable techniques if the city determines that an actual measurement is not feasible.

(G) All wastewater samples must be representative of the user’s daily discharge. Wastewater monitoring and flow measurement facilities shall be properly operated, kept clean, and maintained in good working order at all times. The failure of a user to keep its monitoring facility in good working order shall not be grounds for the user to claim that sample results are unrepresentative of its discharge operations and shall be taken in accordance with the requirements specified in Sections 51.75 and 51.76.

If a user subject to the reporting requirement in this section monitors any regulated pollutant at the appropriate sampling location more frequently than required by the Director, using the procedures prescribed in Sections 51.75 and 51.76, the results of this monitoring shall be included in the report (40 CFR 403.12(g)(6)).

(H) The report shall include a certification statement by an authorized representative, as listed in Section 51.54 and/or in 40 CFR 403.6(a)(2)(ii).

(I) The city may require reporting by users that are not required to have an industrial wastewater discharge permit if information or data is needed to establish a sewer charge, determine the treatability of the effluent or determine any other factor that is related to the operation and maintenance of the sewer system.

(J) The city may require self-monitoring by the user or, if requested by the user, may agree to perform the periodic compliance monitoring needed to prepare the periodic compliance report required under this section. If the city agrees to perform such periodic compliance monitoring, it may charge the user for such monitoring, based upon the costs incurred by the city for the sampling and analyses. Any such charges shall be added to the normal sewer charge and shall be payable as part of the sewer bills. The city is under no obligation to perform periodic compliance monitoring for a user.

(Ord. 06-74; Am. Ord. 18-14; Am. Ord. 20-33. Formerly 51.64)

51.66 COMPLIANCE SCHEDULES FOR MEETING APPLICABLE PRETREATMENT STANDARDS.

The following conditions shall apply to the compliance schedule required by Section 51.63(F):

(A) The schedule shall contain increments of progress in the form of dates for the commencement and completion of major events leading to the construction and operation of additional pretreatment required for the user to meet the applicable pretreatment standards. Such events include, but are not limited to, hiring an engineer, completing preliminary plans, completing final plans, executing contracts for major components, commencing construction and completing construction, and beginning and conducting routine operation.

(B) No increment referred to in subsection (A) of this section shall exceed nine months, nor shall the total compliance period exceed 18 months.

(C) Not later than 14 days following each date in the schedule and the final date for compliance, the user shall submit a progress report to the city including, at a minimum, whether or not it complied with the increment of progress to be met on such date and, if not, the date on which it expects to comply with this increment of progress, the reason for any delay, and, if appropriate, the steps being taken by the user to return the construction to the schedule established. In no event shall more than nine months elapse between such progress reports.

(Ord. 06-74; Am. Ord. 18-14. Formerly 51.65)

51.67 NOTIFICATION OF SIGNIFICANT PRODUCTION CHANGES.

Any user operating under a wastewater discharge permit incorporating equivalent mass or concentration limits shall notify the city within two business days after the user has a reasonable basis to know that the production level or regulated process flow will significantly change by a decrease or increase within the next calendar month. Any user not providing a notice of such anticipated change will be required to comply with the existing limits contained in its wastewater discharge permit.

(Ord. 06-74; Am. Ord. 18-14. Formerly 51.66)

51.68 HAZARDOUS WASTE NOTIFICATION (40 CFR 403.12(p)).

(A) Any user who commences the discharge of hazardous wastes shall notify the city and the EPA Regional Waste Management Division Director, and state hazardous waste authorities, in writing, of any discharge into the POTW of a substance which, if otherwise disposed of, would be a hazardous waste under 40 CFR Part 261. Any existing user shall comply with the requirements contained herein within 30 days of becoming aware of a discharge of 15 kilograms (33 pounds) or more of hazardous wastes in a calendar month or the discharge of acutely hazardous wastes to the city sewer system.

(B) Such notification shall include:

(1) The name of the hazardous waste as set forth in 40 CFR Part 261;

(2) The EPA hazardous waste number;

(3) The type of discharge (continuous, batch, or other); and

(4) If an industrial user discharges more than 100 kilograms (220.5 pounds) of such waste per calendar month to the sewer system, the notification shall also contain the following information to the extent it is known or readily available to the user:

(a) An identification of the hazardous constituents contained in the wastes;

(b) An estimation of the mass and concentration of such constituents in the wastestreams discharged during that calendar month; and

(c) An estimation of the mass of constituents in the wastestreams expected to be discharged during the following 12 months.

All notifications must take place no later than 180 days after the discharge commences. Any notification under this section need be submitted only once for each hazardous waste discharged. However, notifications of changed conditions must be submitted under Section 51.71.

Dischargers are exempt from the requirements of subsection (A) of this section during a calendar month in which they discharge no more than 15 kilograms of hazardous wastes, unless the wastes are acute hazardous wastes as specified in 40 CFR 261.30(d) and 261.33(e). Discharge of more than 15 kilograms of non-acute hazardous wastes in a calendar month, or of any quantity of acute hazardous wastes as specified in 40 CFR 261.30(d) and 261.33(e), requires a one-time notification. Subsequent months during which the user discharges more than such quantities of any hazardous waste do not require additional notification.

(D) In the case of any new regulations under RCRA Section 3001, identifying additional characteristics of hazardous waste or listing any additional substance as a hazardous waste, the user shall notify the city, the EPA Regional Waste Management Waste Division Director, and state hazardous waste authorities of the discharge of such a substance within 90 days of the effective date of such regulations.

(E) In the case of any notification made under this paragraph, an industrial user shall certify that it has a program in place to reduce the volume and toxicity of hazardous wastes generated to the degree it has determined to be economically practical.

This provision does not create a right to discharge any substance not otherwise permitted to be discharged by this chapter, a permit issued thereunder, or any applicable federal or state law.

(Ord. 06-74; Am. Ord. 18-14. Formerly 51.67)

51.69 NOTICE OF POTENTIAL PROBLEMS, INCLUDING ACCIDENTAL SPILLS, SLUG LOADINGS.

Any user shall notify the city immediately (within 24 hours) of all discharges that could cause problems to the POTW, including any slug loadings, as defined in Section 51.32. The notification shall include the concentration and volume and corrective action. Steps being taken to reduce any adverse impact should also be noted during the notification. Any user who discharges a slug load of pollutants shall be liable for any expense, loss, or damage to the POTW, in addition to the amount of any fines imposed on the city under state or federal law.

(A) The user shall immediately telephone and notify the Director of the incident involving any discharge, including, but not limited to, accidental discharges, discharge of a nonroutine episodic nature, a noncustomary batch discharge, a slug discharge or slug load that might cause potential problems for the POTW. This notification shall include the location of the discharge, type of waste, concentration and volume, if known, and corrective actions taken by the user.

(B) Within five days following such discharge, the user shall, unless waived by the city, submit a detailed written report describing the cause(s) of the discharge and the measures to be taken by the user to prevent similar future occurrences. Such notification shall not relieve the user of any expense, loss, damage, or other liability which might be incurred as a result of damage to the POTW, natural resources, or other damage to person or property; nor shall such notification relieve the user of any fines, penalties, or other liability which may be imposed pursuant to this chapter.

(C) A notice shall be permanently posted on the user’s bulletin board or other prominent place advising employees who to call in the event of a discharge described in subsection (A) of this section. Employers shall ensure that all employees, who could cause a discharge to occur, are advised of the emergency notification procedure.

(D) SIUs are required to notify the Director immediately of any changes at its facility affecting the potential for a slug discharge.

(Ord. 06-74; Am. Ord. 18-14. Formerly 51.68)

51.70 NONCOMPLIANCE REPORTING.

If sampling performed by a user indicates a violation, the user shall notify the city within 24 hours of becoming aware of the violation. The user shall also repeat the sampling within five days and submit the results of the repeat analysis to the city within 30 days after becoming aware of the violation, except the user is not required to resample if:

(A) The city performs sampling at the user’s discharge at a frequency of at least once per month; or

(B) If the city performs sampling at the user between the time when the initial sampling was conducted and the time when the user or the city receives the results of this sampling. If the city performed the sampling and analysis in lieu of the user, the city will perform the repeat sampling and analysis unless it notifies the user of the violation and requires the user to perform the repeat sampling and analysis (40 CFR 403.12(g)(2)).

(Ord. 06-74; Am. Ord. 18-14. Formerly 51.69)

51.71 NOTIFICATION OF CHANGED DISCHARGE (40 CFR 403.8(f)(2)(vi)).

Each user must notify the Director of any significant changes to the user’s operations or system which might alter the nature, quality, or volume of its wastewater at least 60 days before the change.

(A) The Director 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 under Section 51.53.

(B) The Director may issue an individual wastewater discharge permit under Section 51.62 or modify an existing wastewater discharge permit under Section 51.59 in response to changed conditions or anticipated changed conditions.

(Ord. 06-74; Am. Ord. 18-14. Formerly 51.70)

51.72 TOTAL TOXIC ORGANIC (TTO) REPORTING.

(A) Categorical industrial users which are required by EPA to eliminate and/or reduce the levels of toxic organics (TTOs) discharged into the sewer system must follow the categorical Pretreatment Standards for that industry. Those users must also meet the following requirements:

(1) Must sample, as part of the application requirements, for all the organics listed under the TTO limit (no exceptions);

(2) If there are no TTOs used at the facility or the user elects to develop a solvent management plan in lieu of continuously monitoring for TTO, then the user must routinely submit a certification statement as part of its self-monitoring report that there has been no dumping of concentrated toxic organics into the wastewater and that it is implementing a solvent management plan as approved by the city. After the TOMP has been approved for the permittee by the city, the permittee must submit the required TTO certification statement found at 40 CFR 413.03 as part of the semiannual report (or more frequent reports if required) certifying compliance with the approved TOMP.

(B) A permittee subject to TTO limitations as part of the metal finishing or electroplating standards (40 CFR Part 469) may be allowed to submit a TOMP in lieu of monitoring for total toxic organics.

(Ord. 06-74; Am. Ord. 18-14. Formerly 51.71)

51.73 REPORTS FROM UNPERMITTED USERS.

All users not required to obtain an individual wastewater discharge permit shall provide appropriate reports to the city as the Director may require, including but not limited to wastewater surveys.

Date of receipt of reports. Written reports will be deemed to have been submitted on the date postmarked. For reports which are not mailed, postage prepaid, into a mail facility serviced by the United States Postal Service, the date of receipt of the report shall govern.

(Ord. 06-74; Am. Ord. 18-14. Formerly 51.72)

51.74 RECORDKEEPING.

Users subject to the reporting requirements of this subchapter shall retain, and make available for inspection and copying, all records of information obtained pursuant to any monitoring activities required by this subchapter and any additional records of information obtained pursuant to monitoring activities undertaken by the user independent of such requirements and documentation associated with BMPs under Section 51.37(D). Records shall include the date, exact place, method, and time of sampling and the name of the person(s) taking the samples; the dates analyses were performed; who performed the analyses; the analytical techniques or methods used; and the results of such analyses. These records shall remain available for a period of at least three years. This period shall be automatically extended for the duration of any litigation concerning the user or POTW, or when the Director has specifically notified the user of a longer retention period.

(Ord. 06-74; Am. Ord. 18-14. Formerly 51.73)

51.75 SAMPLING REQUIREMENTS FOR USERS.

(A) Except as indicated in subsections (B) and (C) of this section, the user must collect wastewater samples using 24-hour composite sampling techniques, unless time-proportional composite sampling or grab sampling is authorized by the Director. Where time-proportional composite sampling or grab sampling is authorized by the city, the samples must be representative of the discharge. Using protocols, including appropriate preservation specified in 40 CFR Part 136 and appropriate EPA guidance, multiple grab samples collected during a 24-hour period may be composited prior to the analysis as follows: for cyanide, total phenol, and sulfides, the samples may be composited in the laboratory or in the field; for volatile organics and oil and grease, the samples may be composited in the laboratory. Composite samples for other parameters unaffected by the compositing procedures as documented in approved EPA methodologies may be authorized by the city, as appropriate. In addition, grab samples may be required to show compliance with instantaneous limits (40 CFR 403.12(g)(3)).

(B) Samples for oil and grease, temperature, pH, cyanide, total phenols, sulfides, and volatile organic compounds must be obtained using grab collection techniques.

(C) Samples should be taken immediately downstream from pretreatment facilities if such exist or immediately downstream from the regulated or manufacturing process if no pretreatment exists or as determined by the city and contained in the user’s wastewater discharge permit. For CIUs, if other wastewaters are mixed with the regulated wastewater prior to pretreatment, the user must: (1) take the sample directly from the undiluted categorical process, or (2) measure the flows and concentrations necessary to allow use of the combined wastestream formula of 40 CFR 403.6(e) in order to evaluate compliance with the applicable categorical Pretreatment Standards. For other SIUs for which the city has adjusted its local limits to factor out dilution flows, the user should measure the flows and concentrations necessary to evaluate compliance with the adjusted pretreatment standard(s).

(D) For sampling required in support of baseline monitoring and 90-day compliance reports, a minimum of four grab samples must be used for pH, cyanide, total phenols, oil and grease, sulfides, and volatile organic compounds for facilities for which historical sampling data do not exist; for facilities for which historical sampling data are available, the Director may authorize a lower minimum. For the reports required in Section 51.65(A) (40 CFR 403.12(e) and 403.12(h)), the user is required to collect the number of grab samples necessary to assess and assure compliance with applicable pretreatment standards and requirements.

(E) All sample results shall indicate the time, date and place of sampling and methods of analysis, and shall certify that such sampling and analysis is representative of normal work cycles and expected pollutant discharges from the user. If a user sampled and analyzed more frequently than what was required in its wastewater discharge permit, using methodologies in 40 CFR Part 136, it must submit all results of sampling and analysis of the discharge as part of its self-monitoring report.

(Ord. 06-74; Am. Ord. 18-14. Formerly 51.74)

51.76 ANALYTICAL REQUIREMENTS.

All pollutant analyses, including sampling techniques, to be submitted as part of a wastewater discharge permit application or report shall be performed in accordance with the techniques prescribed in 40 CFR Part 136 and amendments thereto unless otherwise specified in an applicable categorical Pretreatment Standard. If 40 CFR Part 136 does not contain sampling or analytical techniques for the pollutant in question, or where the EPA determines that Part 136 sampling and analytical techniques are inappropriate for the pollutant in question, sampling and analyses shall be performed by using validated analytical methods or any other applicable sampling and analytical procedures, including procedures suggested by the city or other parties approved by the EPA.

(Ord. 06-74; Am. Ord. 18-14. Formerly 51.75)

51.77 CITY MONITORING OF USER’S WASTEWATER.

The city will follow the same procedures as outlined in Sections 51.75 and 51.76.

(Ord. 06-74; Am. Ord. 18-14. Formerly 51.76)

51.78 INSPECTION AND SAMPLING.

City, state, and/or federal representatives shall have the right to enter the facilities of any user to ascertain whether the purpose of this subchapter, and any wastewater discharge permit or order issued hereunder, is being met and whether the user is complying with all requirements thereof. Users shall allow city, state, and/or federal representatives ready access to all parts of the premises for the purposes of inspection, independent sampling, records examination and copying, and the performance of any additional duties.

(A) Where a user has security measures in force that require proper identification and clearance before entry into its premises, the user shall make necessary arrangements with its security guards so that, upon presentation of suitable identification, the Director will be permitted to enter without delay for the purposes of performing specific responsibilities.

(B) The Director shall have the right to set up on the user’s property, or require installation of, such devices as are necessary to conduct sampling and/or metering of the user’s operations. Sampling locations and equipment must be approved in advance by the city.

(C) Any temporary or permanent obstruction to safe and easy access to the facility to be inspected and/or sampled shall be promptly removed by the user at the written or verbal request of the Director and shall not be replaced. The costs of clearing such access shall be borne by the user.

(D) Unreasonable delays in allowing the Director access to the user’s premises shall be a violation of this subchapter.

(Ord. 06-74; Am. Ord. 18-14. Formerly 51.77)

51.79 MONITORING FACILITIES.

(A) Each user shall provide and operate at its own expense a monitoring facility to allow inspection, sampling, and flow measurements of each sewer discharge to the city. Each monitoring facility shall be situated on the user’s premises, except where such a location would be impractical or cause undue hardship on the user, the city may concur with the facility being constructed in the public street or sidewalk area, providing that the facility is located so that it will not be obstructed by landscaping or parked vehicles. The Director, whenever applicable, will require the construction and maintenance of sampling facilities at other locations (for example, at the end of a manufacturing line, wastewater treatment system). The Director may require the installation of a control manhole, control sanitary cleanout, or any other device or facility suitable and appropriate to enable the Director or his authorized representative to determine the compliance status.

(B) There shall be ample room in or near such sampling facility to allow accurate sampling and preparation of samples for analysis. The facility, sampling, and measuring equipment shall be maintained at all times in a safe and proper operating condition at the expense of the user.

(C) All monitoring facilities shall be constructed and maintained in accordance with all applicable local construction standards and specifications.

(D) The Director will require the user to install monitoring equipment as necessary. The facility’s sampling and monitoring equipment shall be maintained at all times in a safe and proper operating condition by the user at its own expense. All devices used to measure wastewater flow and quality shall be calibrated at least yearly to ensure their accuracy. The facility shall maintain copies of monitoring equipment calibration records on site.

(Ord. 06-74; Am. Ord. 18-14. Formerly 51.78)

51.80 SEARCH WARRANTS.

If the Director has been refused access to a building, structure or property, or any part thereof, and is able to demonstrate probable cause to believe that there may be a violation of this subchapter, or that there is a need to inspect as part of a routine inspection program of the city designed to verify compliance with this subchapter or any wastewater discharge permit or order issued hereunder, or to protect the overall public health, safety and welfare of the community, then the Director shall seek issuance of a search and/or seizure warrant from the district court, or such other courts as may have jurisdiction. Such warrants shall be served by a code enforcement officer of the city.

(Ord. 06-74; Am. Ord. 18-14. Formerly 51.79)

51.81 VANDALISM.

No person shall willfully or negligently break, damage, destroy, uncover, deface, tamper with, or prevent access to any compliance monitoring site or equipment, any structure, appurtenance or equipment, or other part of the POTW. Any person found in violation of this requirement shall be subject to the sanctions set out in this subchapter.

(Ord. 06-74; Am. Ord. 18-14. Formerly 51.80)

51.82 CONFIDENTIAL INFORMATION.

Information and data on a user obtained from reports, surveys, wastewater discharge permit applications, wastewater discharge permits, and monitoring programs, and from city inspection and sampling activities, shall be available to the public without restriction, unless the user specifically requests, and is able to demonstrate to the satisfaction of the city, that the release of such information would divulge information, processes or methods of production entitled to protection as trade secrets under applicable state law. Any such request must be asserted at the time of submission of the information or data. When requested and demonstrated by the user furnishing a report that such information should be treated as confidential, the portions of a report which might disclose trade secrets or secret processes shall not be made available for inspection by the public, but shall be made available immediately upon request to governmental agencies for uses related to the NPDES program or pretreatment program, and in enforcement proceedings involving the person furnishing the report. Upon request for inspection by the public, the city will notify user of such request and user shall have responsibility of prohibiting release under state law. If user takes no action(s) within three days of notice, the city may release information to public. Wastewater constituents, characteristics and other effluent data as defined by 40 CFR 2.302 will not be recognized as confidential information and will be available to the public without restriction.

(Ord. 06-74; Am. Ord. 18-14. Formerly 51.81)

51.83 PUBLICATION OF USERS IN SIGNIFICANT NONCOMPLIANCE.

The city shall publish annually, in a newspaper of general circulation that provides meaningful public notice within the jurisdiction served by the city, a list of the users which, at any time during the previous 12 months, were in significant noncompliance with applicable pretreatment standards and requirements. The term SIGNIFICANT NONCOMPLIANCE shall be applicable to all SIUs, or any other industrial user that violated subsection (C), (D) or (H) of this section.

SIGNIFICANT NONCOMPLIANCE shall mean:

(A) Chronic violations of wastewater discharge limits, defined here as those in which 66% or more of all the wastewater measurements taken for the same pollutant parameter during a six-month period exceed (by any magnitude) a numeric pretreatment standard or requirement, including instantaneous limits (40 CFR 403.3(l));

(B) TRC VIOLATIONS, defined here as those in which 33% or more of all the wastewater measurements taken for each pollutant parameter during a six-month period equal or exceed the product of the numeric pretreatment standard or requirement, including instantaneous limits multiplied by the applicable criteria (1.4 for BOD, TSS, fats, oils and grease and 1.2 for all other pollutants except pH) (40 CFR 403.3(l));

(C) Any other violation of a pretreatment standard or requirement (daily maximum, long-term average, instantaneous limit, or narrative standard) that the Control Authority determines has caused, alone or in combination with other discharges, interference or pass through, including endangering the health of POTW personnel or the general public (40 CFR 403.3(l));

(D) Any discharge of a pollutant that has caused imminent endangerment to the public or the environment or has resulted in the city’s exercise of its emergency authority to halt or prevent such a discharge;

(E) Failure to meet, within 90 days after the scheduled date, a compliance schedule milestone contained in a local control mechanism or enforcement order for starting construction, completing construction, or attaining final compliance;

(F) Failure to provide within 45 days after the due date any required reports, including baseline monitoring reports, reports on compliance with categorical Pretreatment Standard deadlines, periodic self-monitoring reports, and reports on compliance with compliance schedules;

(G) Failure to accurately report noncompliance;

(H) Any other violation(s), which may include a violation of BMP, which the Control Authority determines will adversely affect the operation or implementation of the local pretreatment program.

(Ord. 06-74; Am. Ord. 18-14. Formerly 51.82)

51.84 ADMINISTRATIVE ENFORCEMENT REMEDIES.

(A) Informal response. When the Director finds that a user has violated any provision of this subchapter, a wastewater discharge permit or order issued hereunder, or any other pretreatment standard or requirement, and the Director deems that the violation is a minor incident, he may choose to respond informally (with a phone call or similar) in order to bring the user back to compliance. Nothing in this section shall limit the authority of the city to take any action, including emergency actions or any other enforcement action, without first issuing an informal response.

(B) Notification of violation (NOV). When the Director finds that a user has violated, or continues to violate, any provision of this subchapter, an individual wastewater discharge permit or order issued hereunder, or any other pretreatment standard or requirement, the Director may serve upon that user a written NOV via certified letter or hand-delivery. Within 30 days of the receipt of this notice, an explanation of the violation and a plan for the satisfactory correction and prevention thereof, to include specific required actions, shall be submitted by the user to the Director. Submission of this plan in no way relieves the user of liability for any violations occurring before or after receipt of the notice of violation. Nothing in this section shall limit the authority of the city to take any action, including emergency actions or any other enforcement action, without first issuing a notice of violation.

(C) Conciliatory meetings. The Director may enter into agreements with users through conciliatory meetings if there is a reason to believe that the meeting may produce the desired results. A conciliatory meeting shall not be a bar against, or prerequisite for, taking any other action against the user.

(D) Consent orders. The Director may enter into consent orders, assurances of voluntary compliance, or other similar documents establishing an agreement with any user responsible for noncompliance. Such documents will include specific action to be taken by the user to correct the noncompliance within a time period specified by the document. Such documents shall have the same force and effect as the administrative orders issued pursuant to this subsection and subsection (E) of this section and shall be judicially enforceable. Use of a consent order shall not be a bar against, or prerequisite for, taking any other action against the user.

(E) Show cause hearing. The Director may order a user which has violated, or continues to violate, any provision of this subchapter, an individual wastewater discharge permit or order issued hereunder, or any other pretreatment standard or requirement, to appear before the Director and show cause why the proposed enforcement action should not be taken. Notice shall be served on the user specifying the time and place for the meeting, the proposed enforcement action, the reasons for such action, and a request that the user show cause why the proposed enforcement action should not be taken. The notice of the meeting shall be served personally or by registered or certified mail (return receipt requested) at least 15 days prior to the hearing. Such notice may be served on any authorized representative of the user. A show cause hearing shall not be a bar against, or prerequisite for, taking any other action against the user.

(F) Compliance orders. When the Director finds that a user has violated or continues to violate any provision of this subchapter, an individual wastewater discharge permit or order issued hereunder, or any other pretreatment standard or requirement, the Director may issue an order to the user responsible for the discharge directing that the user come into compliance within a time specified in the order. If the user does not come into compliance within the time specified in the order, sewer service may be discontinued unless adequate treatment facilities, devices, or other related appurtenances are installed and properly operated. Compliance orders may also contain other requirements to address the noncompliance, including additional self-monitoring and management practices designed to minimize the amount of pollutants discharged to the sewer. A compliance order may not extend the deadline for compliance established for a pretreatment standard or requirement nor does a compliance order relieve the user of liability for any violation, including any continuing violation. Issuance of a compliance order shall not be a bar against, or a prerequisite for, taking any other action against the user.

(G) Cease and desist orders.

(1) When the Director finds that a user has violated, or continues to violate, any provision of this subchapter, an individual wastewater discharge permit or order issued hereunder, or any other pretreatment standard or requirement, or that the user’s past violations are likely to recur, the Director may issue an order to the user directing it to cease and desist all such violations and directing the user to:

(a) Immediately comply with all requirements; and

(b) Take such appropriate remedial or preventive action as may be needed to properly address a continuing or threatened violation, including halting operations and/or terminating the discharge.

(2) Issuance of a cease and desist order shall not be a bar against, or a prerequisite for, taking any other action against the user.

(H) Administrative fines.

(1) When the Director finds that a user has violated or continues to violate any provision of this subchapter, an individual wastewater discharge permit or order issued hereunder, or any other pretreatment standard or requirement, the City Manager, upon the recommendation of the Director, may assess such user fines in at least the amount of $1,000 a day for each violation by an industrial user of pretreatment standards or requirements. In the case of monthly or other long-term average discharge limits, fines shall be assessed for each day during the period of violation.

(2) Unpaid charges, fines, and penalties shall be assessed additional penalties as per this Chapter 51, Water and Wastewater Rules and Rates. A lien against the user’s property will be sought for unpaid charges, fines, and penalties.

(3) Users desiring to dispute such fines must file a written request for the Director to reconsider the fine along with full payment of the fine amount within 30 days of being notified of the fine. Where a request has merit, the Director shall convene a hearing on the matter within 30 days of receiving the request from the user. The hearing will be conducted in accordance with Section 51.61. In the event the user’s appeal is successful, the payment, together with any interest accruing thereto, shall be returned to the user. The city may add the costs of preparing administrative enforcement actions, such as notices and orders, to the fine.

(4) Issuance of an administrative fine shall not be a bar against, or a prerequisite for, taking any other action against the user.

(I) Emergency suspensions.

(1) The Director may immediately suspend a user’s discharge, after informal notice to the user, whenever such suspension is necessary to stop an actual or threatened discharge that reasonably appears to present or cause an imminent or substantial endangerment to the health or welfare of persons. The Director may also immediately suspend a user’s discharge (after notice and opportunity to respond) that threatens to interfere with the operation of the POTW, or which presents or may present an endangerment to the environment.

(a) Any user notified of a suspension of its discharge shall immediately stop or eliminate its contribution. In the event of a user’s failure to immediately comply voluntarily with the suspension order, the Director shall take such steps as deemed necessary, including immediate severance of the sewer connection, to prevent or minimize damage to the POTW, its receiving stream, or endangerment to any individuals. The Director shall allow the user to recommence its discharge when the user has demonstrated to the satisfaction of the city that the period of endangerment has passed, unless the termination proceedings in subsection (J) of this section are initiated against the user.

(b) A user that is responsible, in whole or in part, for any discharge presenting imminent endangerment shall submit a detailed written statement, describing the causes of the harmful contribution and the measures taken to prevent any future occurrence, to the Director prior to the date of any show cause or termination hearing under subsections (E) and (J) of this section.

(2) Nothing in this section shall be interpreted as requiring a hearing prior to any emergency suspension under this section.

(J) Termination of discharge (non-emergency).

(1) In addition to the provisions in Section 51.61, any user that violates the following conditions is subject to discharge termination:

(a) Violation of individual wastewater discharge permit conditions;

(b) Failure to accurately report the wastewater constituents and characteristics of its discharge;

(c) Failure to report significant changes in operations or wastewater volume, constituents and characteristics prior to discharge;

(d) Refusal of reasonable access to the user’s premises for the purpose of inspection, monitoring or sampling; or

(e) Violation of the pretreatment standards in Sections 51.34 through 51.50.

(2) Such user will be notified of the proposed termination of its discharge and be offered an opportunity to show cause under subsection (E) of this section why the proposed action should not be taken. Exercise of this option by the city shall not be a bar to, or a prerequisite for, taking any other action against the user.

(Ord. 06-74; Am. Ord. 17-02; Am. Ord. 18-14. Formerly 51.83)

51.85 JUDICIAL ENFORCEMENT REMEDIES.

(A) Injunctive relief. When the Director finds that a user has violated, or continues to violate, any provision of this subchapter, an individual wastewater discharge permit, or order issued hereunder, or any other pretreatment standard or requirement, the Director may petition the district court, or such other courts as may have jurisdiction, through the City Attorney for the issuance of a temporary or permanent injunction, as appropriate, which restrains or compels the specific performance of the individual wastewater discharge permit, order, or other requirement imposed by this subchapter on activities of the user. The city may also seek such other action as is appropriate for legal and/or equitable relief, including a requirement for the user to conduct environmental remediation. A petition for injunctive relief shall not be a bar against, or a prerequisite for, taking any other action against a user.

(B) Civil penalties (40 CFR 403.8(f)(1)(vi) and Section 51.12).

(1) A user who has violated, or continues to violate, any provision of this chapter, an individual wastewater discharge permit, or order issued hereunder, or any other pretreatment standard or requirement shall be liable to the city for a maximum civil penalty of $1,000 per violation, per day. In the case of a monthly or other long-term average discharge limit, penalties shall accrue for each day during the period of the violation.

(2) The Director may recover reasonable attorneys’ fees, court costs, and other expenses associated with enforcement activities, including sampling and monitoring expenses, and the cost of any actual damages incurred by the city.

(3) In determining the amount of civil liability, the court shall take into account all relevant circumstances, including, but not limited to, the extent of harm caused by the violation, the magnitude and duration of the violation, any economic benefit gained through the user’s violation, corrective actions by the user, the compliance history of the user, and any other factor as justice requires.

(4) Filing a suit for civil penalties shall not be a bar against, or a prerequisite for, taking any other action against a user.

(1) A user who willfully or negligently violates any provision of this chapter, an individual wastewater discharge permit, or order issued hereunder, or any other pretreatment standard or requirement shall, upon conviction, be guilty of a misdemeanor, punishable by a fine of not more than $1,000 per violation, per day, or imprisonment, or both.

(2) A user who willfully or negligently introduces any substance into the POTW which causes personal injury or property damage shall, upon conviction, be guilty of a misdemeanor and be subject to a penalty of at least $1,000 per violation, per day, or be subject to imprisonment, or both. This penalty shall be in addition to any other course of action for personal injury or property damage available under state law.

(3) A user who knowingly makes any false statements, representations, or certifications in any application, record, report, plan, or other documentation filed, or required to be maintained, pursuant to this chapter, individual wastewater discharge permit, or order issued hereunder, or who falsifies, tampers with, or knowingly renders inaccurate any monitoring device or method required under this chapter shall, upon conviction, be punished by a fine of not more than $1,000 per violation, per day, or imprisonment, or both.

(4) In the event of a second conviction, a user shall be punished by a fine of not more than $1,000 per violation, per day, or imprisonment, or both.

(D) Damages and enforcement costs.

(1) When a discharge of waste causes an obstruction, damage, or any other impairment to the facilities or any expense of whatever character or nature to the city, the city shall assess the expenses incurred by the city to clear the obstruction, repair damage to the facility, and any other expenses or damages incurred by the city. The Director shall file a claim with the user or any other person causing or suffering the damages to incur, seeking reimbursement for any and all expenses or damages suffered by the city. If the claim is ignored or denied, the Director shall notify the City Attorney to take such measures as shall be appropriate to recover any expense or other damages suffered by the city.

(E) Citation to municipal court. The city may cite a user to the Rio Rancho Municipal Court for violation of any provision of this subchapter. A violation of any condition of the discharge permit shall be deemed a violation of this subchapter. Each day this subchapter is violated shall constitute a separate offense, and in accord with NMSA 1978 § 3-17-1, is punishable by a maximum fine of $1,000 per day for each violation.

(F) Petition for federal or state enforcement. In addition to other remedies for enforcement provided herein, the Director may petition the State of New Mexico or the United States EPA, as appropriate, to exercise such methods or remedies as shall be available to such government entities to seek criminal or civil penalties, injunctive relief, or such other remedies as may be provided by applicable federal or state laws to ensure compliance by users of applicable pretreatment standards, to prevent the introduction of toxic pollutants or other regulated pollutants into the POTW, or to prevent such other water pollution as may be regulated by state or federal law.

(G) Remedies non-exclusive. The provisions in Sections 51.83 through 51.89 are not exclusive remedies. The city reserves the right to take any, all, or any combination of these actions against a noncompliant user. Enforcement of pretreatment violations will generally be in accordance with the city’s enforcement response plan. However, the city reserves the right to take other action against any user when the circumstances warrant. Further, the city is empowered to take more than one enforcement action against any noncompliant user. These actions may be taken concurrently.

(Ord. 06-74; Am. Ord. 18-14. Formerly 51.84)

51.86 PERFORMANCE BONDS.

The Director may decline to issue or reissue an individual wastewater discharge permit to any user which has failed to comply with any provision of this subchapter, a previous individual wastewater discharge permit or order issued hereunder, or any other pretreatment standard or requirement unless such user first files a satisfactory bond, payable to the city, in a sum not to exceed a value determined by the Director to be necessary to achieve consistent compliance.

(Ord. 06-74; Am. Ord. 18-14. Formerly 51.85)

51.87 LIABILITY INSURANCE.

The Director may decline to issue or reissue an individual wastewater discharge permit to any user which has failed to comply with any provision of this subchapter, a previous individual wastewater discharge permit or order issued hereunder, or any other pretreatment standard or requirement, unless the user first submits proof that it has obtained financial assurances sufficient to restore or repair damage to the POTW caused by its discharge.

(Ord. 06-74; Am. Ord. 18-14. Formerly 51.86)

51.88 WATER SUPPLY SEVERANCE.

Whenever a user has violated or continues to violate any provision of this subchapter, an individual wastewater discharge permit or order issued hereunder, or any other pretreatment standard or requirement, water service to the user may be severed. Service will recommence, at the user’s expense, only after the user has satisfactorily demonstrated its ability to comply.

(Ord. 06-74; Am. Ord. 18-14. Formerly 51.87)

51.89 CONTRACTOR LISTING.

Users that have not achieved compliance with applicable pretreatment standards and requirements are not eligible to receive a contractual award for the sale of goods or services to the city. Existing contracts for the sale of goods or services to the city already held by a user found to be in significant noncompliance with pretreatment standards or requirements may be terminated at the discretion of the Director.

(Ord. 06-74; Am. Ord. 18-14. Formerly 51.88)

51.90 UPSET.

(A) For the purposes of this section, UPSET means an exceptional incident in which there is unintentional and temporary noncompliance with categorical Pretreatment Standards because of factors beyond the reasonable control of the user. An upset does not include noncompliance to the extent caused by operational error, improperly designed treatment facilities, inadequate treatment facilities, lack of preventive maintenance, or careless or improper operation.

(B) An upset shall constitute an affirmative defense to an action brought for noncompliance with categorical Pretreatment Standards if the requirements of subsection (C) of this section are met.

(C) A user who wishes to establish the affirmative defense of upset shall demonstrate, through properly signed, contemporaneous operating logs or other relevant evidence, that:

(1) An upset occurred and the user can identify the cause(s) of the upset;

(2) The facility was at the time being operated in a prudent and workmanlike manner and in compliance with applicable operation and maintenance procedures; and

(3) The user has submitted the following information to the Director and the POTW within 24 hours of becoming aware of the upset. If this information is provided orally, a written submission must be provided within five days:

(a) A description of the indirect discharge and cause of noncompliance;

(b) The period of noncompliance, including exact dates and times or, if not corrected, the anticipated time the noncompliance is expected to continue; and

(D) In any enforcement proceeding, the user seeking to establish the occurrence of an upset shall have the burden of proof.

(E) Users will have the opportunity for a judicial determination on any claim of upset only in an enforcement action brought for noncompliance with categorical Pretreatment Standards.

(F) Users shall control production of all discharges to the extent necessary to maintain compliance with categorical Pretreatment Standards upon reduction, loss, or failure of its treatment facility until the facility is restored or an alternative method of treatment is provided. This requirement applies in the situation where, among other things, the primary source of power of the treatment facility is reduced, lost, or fails.

(Ord. 06-74; Am. Ord. 18-14. Formerly 51.89)

51.91 AFFIRMATIVE DEFENSE; PROHIBITED DISCHARGE STANDARDS.

A user shall have an affirmative defense to an enforcement action brought against it for noncompliance with the prohibitions in Section 51.34(A) and (B)(3) through (B)(7) if it can prove that it did not know, or have reason to know, that its discharge, alone or in conjunction with discharges from other sources, would cause pass through or interference and that either:

(A) A local limit exists for each pollutant discharged and the user was in compliance with each limit directly prior to, and during, the pass through or interference; or

(B) No local limit exists, but the discharge did not change substantially in nature or constituents from the user’s prior discharge when the city was regularly in compliance with its NPDES permit, and in the case of interference, was in compliance with applicable sludge use or disposal requirements.

(Ord. 06-74; Am. Ord. 18-14. Formerly 51.90)

51.92 BYPASS.

(A) For purposes of this section the following definitions shall apply unless the context clearly indicates or requires a different meaning:

BYPASS. The intentional diversion of wastestreams from any portion of a user’s treatment facility.

SEVERE PROPERTY DAMAGE. Substantial physical damage to property, damage to the treatment facilities that causes them to become inoperable, or substantial and permanent loss of natural resources that can reasonably be expected to occur in the absence of a bypass. SEVERE PROPERTY DAMAGE does not mean economic loss caused by delays in production.

(B) A user may allow any bypass to occur which does not cause pretreatment standards or requirements to be violated, but only if it also is for essential maintenance to assure efficient operation. These bypasses are not subject to the provisions of subsections (C) and (D) of this section.

(C)(1) If a user knows in advance of the need for a bypass, it shall submit prior notice to the POTW at least 10 days before the date of the bypass, if possible.

(2) A user shall submit oral notice to the city of an unanticipated bypass that exceeds applicable pretreatment standards within 24 hours from the time it becomes aware of the bypass. A written submission shall also be provided within five days of the time the user becomes aware of the bypass. The written submission shall contain a description of the bypass and its cause; the duration of the bypass, including exact dates and times, and, if the bypass has not been corrected, the anticipated time it is expected to continue; and steps taken or planned to reduce, eliminate, and prevent reoccurrence of the bypass. The POTW may waive the written report on a case-by-case basis if the oral report has been received within 24 hours.

(D)(1) Bypass is prohibited, and the POTW may take an enforcement action against a user for a bypass, unless:

(a) Bypass was unavoidable to prevent loss of life, personal injury, or severe property damage;

(b) There were no feasible alternatives to the bypass, such as the use of auxiliary treatment facilities, retention of untreated wastes, or maintenance during normal periods of equipment downtime. This condition is not satisfied if the city determines that adequate backup equipment should have been installed in the exercise of reasonable engineering judgment to prevent a bypass which occurred during normal periods of equipment downtime or preventive maintenance; and

(2) The POTW may approve an anticipated bypass, after considering its adverse effects, if the POTW determines that it will meet the three conditions listed in subsection (D)(1) of this section.

(Ord. 06-74; Am. Ord. 18-14. Formerly 51.91)

51.93 WASTEWATER TREATMENT RATES.

(A) No permit will be issued until all required fees have been paid. Fees are nonrefundable and nonprorated.

(B) Permit fees are subject to increase when increased monitoring is required. Permit fees will be reviewed and revised periodically by the Director to ensure the city’s pretreatment program is properly funded.

(Ord. 06-74; Am. Ord. 18-14. Formerly 51.92)

51.94 PRETREATMENT CHARGES AND FEES.

The city may adopt reasonable fees for reimbursement of costs of setting up and operating the city’s pretreatment program that may include:

(A) Fees for wastewater discharge permit applications including the cost of processing such applications;

(B) Fees for monitoring, inspection, and surveillance procedures including the cost of collection and analyzing a user’s discharge, and reviewing monitoring reports and certification statements submitted by users;

(D) Increased fees for industrial users subject to accelerated monitoring activities;

(E) Fees for filing appeals;

(F) Fees to recover administrative and legal costs associated with the enforcement activity taken by the Director to address user noncompliance; and

(G) Other fees as the city may deem necessary to carry out the requirements contained herein. These fees relate solely to the matters covered by this subchapter and are separate from all other fees, fines, and penalties chargeable by the city.

(Ord. 06-74; Am. Ord. 18-14. Formerly 51.93)