CHAPTER 55
RECYCLED WATER USE
Section
55.06 Authorization to use recycled water
55.07 Conditions for use of recycled water
55.09 Limitations, restrictions, and curtailment of recycled water use
55.13 Unauthorized connections
55.14 Rates, fees, charges, and penalties
55.01 PURPOSE.
(A) Use of recycled water for landscape irrigation and other nonpotable purposes has long been practiced by the City of Rio Rancho and other municipalities as a means of reducing the demand on drinking water supply sources and storage. This chapter covers all recycled water services furnished by the City of Rio Rancho Department of Public Works Utilities Division (Utilities Division). This chapter establishes requirements and limitations for the safe and orderly development and operation of recycled water facilities and systems within the City of Rio Rancho (city).
(B) It is the policy of the City of Rio Rancho to recycle wastewater within the city’s jurisdiction wherever its use is economically justified, financially and technically feasible, and consistent with legal requirements for the preservation of public health, safety and welfare, and the protection of the environment.
(C) Conformed copies of this chapter are available for inspection at the City Clerk’s office.
(Ord. 14-22)
55.02 DEFINITIONS.
The following definitions shall apply unless the context clearly indicates or requires a different meaning:
AGRONOMIC RATE. The rate of application of nutrients to plants that is necessary to satisfy the plants’ nutritional requirements while strictly minimizing the amount of nutrients that run off to surface waters or pass below the root zones of the plants.
APPROVED USES. Approved uses of recycled water in the city service area are provided in Section 55.06. The minimum parcel size that may be considered for irrigation is one acre to optimize operational efficiency and to control cost.
CITY RECYCLED WATER USER. Classification shall mean all individually metered or master-metered municipally owned or leased facilities such as parks, libraries, City Hall, courthouses, or other similar type facilities.
COMMERCIAL RECYCLED WATER USER. A person who uses recycled water in the operation of a business patronized by the public or one who provides services to the public.
CUSTOMER. Any person, firm, association, corporation, or agency of the federal, state, county or local government being supplied with or responsible for payment for recycled water service.
DISCHARGE PERMIT. Issued by the New Mexico Environment Department (NMED) to producers and users of recycled water containing terms, limitations, and conditions as deemed necessary by the NMED to ensure compliance with state regulations.
DISCONTINUANCE OF SERVICE. An intentional cessation of service not voluntarily requested by a customer.
DOMESTIC WASTEWATER. Wastewater containing human excreta and water-carried waste from typical residential plumbing fixtures and activities, including but not limited to wastes from toilets, sinks, bath fixtures, clothes or dishwashing machines, and floor drains. Municipal and private wastewater treatment facilities receiving industrial waste must demonstrate adequate industrial waste pretreatment.
GOVERNING BODY. The members of the City Council and the Mayor.
GOVERNMENTAL ENTITY. A political subdivision that includes municipalities, counties, flood control authorities, and conservancy districts recognized by the Governing Body that may enter into user agreement for recycled water.
INDUSTRIAL RECYCLED WATER USER. A person, firm, association, or corporation who uses recycled water for industrial processes or in the construction process.
LANDSCAPE IRRIGATION. Classification shall mean all individually or master-metered water serving landscaping, turf, lakes, and pools. Watering by sprinkling or dripping through orifices at normal agronomic rates.
LANDSCAPE IRRIGATION USER. A person, firm, association, corporation, or governmental entity that uses recycled water for the purpose of landscape irrigation.
NEW MEXICO ENVIRONMENT DEPARTMENT (NMED). A state agency, headquartered in Santa Fe, New Mexico, which administers the recycled water guidelines through issuance of discharge permits pursuant to the New Mexico Water Quality Act (WQA), Sections 74-6-1 through 74-6-17 NMSA 1978, and the New Mexico Water Quality Control Commission (WQCC) Regulations, Section 20.6.2 NMAC.
NONPOTABLE DISTRIBUTION MAIN. The portion of the nonpotable system that transmits and distributes nonpotable water from treatment or storage facilities to the user’s service connection.
NONPOTABLE WATER. Water that is not treated to potable drinking water standards and is not suitable, nor intended, for human consumption (drinking, washing, or culinary purposes), but is produced and delivered to users for irrigation and approved commercial and industrial uses.
POINT OF SERVICE. Point at which the city’s recycled water facilities connect to the service meter for the customer.
PRESSURE. Water pressure under normal conditions, including expected peak, at the customer’s point of service.
RECYCLED WATER. Wastewater that has received secondary treatment by a domestic wastewater treatment works and such additional treatment required to enable the wastewater to meet the standards for approved uses.
RECYCLED WATER AVAILABILITY. A Utility Division determination of whether reuse systems are available to support the proposed recycled water use.
RECYCLED WATER CONDITIONS. Upon application for recycled water use, Utility staff shall review the application and make a preliminary determination whether the subject property can be served with recycled water or to include facilities designed to accommodate the use of recycled water in the future. Based upon such determination, a recycled water user agreement for such use shall be required as a condition of approval of any such application, in addition to any other conditions of approval.
RECYCLED WATER DESIGN STANDARDS. Design standards adopted by the city for construction of recycled water systems.
RECYCLED WATER RATE. The rate charged for recycled water established by the City of Rio Rancho or as amended from time to time. Rates to be charged by and paid to the utility for recycled water will be the rates legally in effect, and approved by the Governing Body (Section 51.12, Rates, Fees, Charges and Penalties).
RECYCLED WATER SERVICE. General term for furnishing the customer with recycled water; may include the pipe connection from a distribution main to a customer as provided herein.
RECYCLED WATER USER. A person, firm, association, corporation, or governmental entity that uses recycled water for landscape irrigation or commercial or industrial approved uses.
RECYCLED WATER USER AGREEMENT. An agreement between the city and user of recycled water that details conditions of approval.
SERVICE LINE. Recycled water line running from main(s) to easement to provide service to a structure or property.
SPRAY IRRIGATION. The application of water being sprayed onto landscaped areas by means of a device that propels water through the air in the form of small particles or droplets.
THEFT OF SERVICE. Any use of water not authorized by the Utility.
UNAUTHORIZED CONNECTION. A connection other than at the location authorized by the city.
USER PLAN TO COMPLY. The information and documentation a recycled water user is required to submit to the City of Rio Rancho that describes procedures and activities enabling the recycled water user to comply with the conditions for use of recycled water.
USER’S RECYCLED WATER SYSTEM. The recycled water system piping, meter pit, and appurtenances, as approved by the Utilities Division, that extends from the connection at the Utilities’ nonpotable distribution main to the user’s recycled water system. The user’s recycled water system is not owned by the Utilities Division.
UTILITIES COMMISSION. The body whose duties are to recommend policies concerning the operations and management of the Water, Wastewater, and Recycled Water Divisions of the city and other activities authorized by the Governing Body.
UTILITY. City of Rio Rancho Department of Public Works Utilities Division.
(Ord. 14-22)
55.03 APPLICABILITY.
This chapter applies to the use of recycled water for landscape irrigation and approved industrial and commercial uses as provided in Section 55.06. The city shall control and schedule recycled water distribution to customers. The provisions of recycled water service and the use of recycled water by any customer shall be subject to all the terms and conditions of this chapter.
(Ord. 14-22)
55.04 CHARACTER OF SERVICE.
(A) Recycled water services will be furnished under conditions as stated in this chapter and the applicable Utility’s rate schedules as approved by the Governing Body. All changes in the fees, charges, and schedules specified in this chapter shall apply to all customers when such changes have been approved by the Governing Body and after the date such changes become effective.
(B) The recycled water system is completely separate from the potable water system. The recycled water system has different pressure zones, high water elevations, operating pressures, and elevation boundaries. The recycled water service areas are totally separate from the potable water system’s water service areas.
(C) Each separate service or meter location will be metered and billed separately. 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, and/or recycled water service. Recycled water service under this chapter shall not be resold, sub-metered, or diverted to other customers.
(D) Providing recycled water is a service subject to availability of such water meeting appropriate quality, supply, delivery, and use requirements. The Governing Body may prioritize service to approved uses based on assessment of recycled water availability by the Utilities Division.
(Ord. 14-22)
55.05 APPLICATION FOR SERVICE.
(A) Application form. All information requested on applications for recycled water service must be provided in order to obtain service. All applications for recycled water service shall be made at the Utilities Division office. Every such application shall be made by the owner of the property to be furnished recycled water, or by its authorized agent, and the applicant shall state fully and truthfully all the purposes for which the recycled water may be used.
(B) Plans and specifications. Civil site plans and specifications, prepared by a professional engineer licensed with the State of New Mexico, for the construction of on-site recycled water facilities shall be submitted to the city for review and approval. The plans shall delineate the proposed recycled water service area, the anticipated daily peak and average recycled water demand, the proposed meter location, size and type of all recycled water service connections, and on-site facilities. The plans shall include the layout of existing potable water pipelines and facilities, including any areas in which recycled water must be specifically excluded.
(C) Acceptable standards. All utility work shall 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 Utility Division standard details. Recycled water service shall be granted only for uses meeting the City’s recycled water design standards and upon the execution of a recycled water user agreement.
(D) Points of service. All new points of services will be charged a connection fee and an installation fee to cover costs for administrative processing, plan approval, installation of service line, meter settings, inspection of new service connection, and the cost of a meter for recycled water service. All meters shall be approved by the Utility as to size and type of meter, including the city-specified meter vault/box and fittings. Installation will be in accordance with the procedure and specifications set forth by the city and may be changed from time to time. All meters connected to the city’s recycled water system become the property of the city.
(E) Water source conversion. When a potential customer proposes the conversion of an existing potable water irrigation system to a recycled water irrigation system, an analysis of the irrigation system shall be conducted by the customer for the city to identify the measures necessary to ensure compliance with this chapter and separation of the recycled water and potable water systems. The analysis will be conducted at the expense of the customer unless determined otherwise by the city. The city or NMED may deny issuance of recycled water users permit if either determines that the proposed conversion cannot be safely made.
(F) Will serve determination. On a case-by-case basis and upon application for service, the city shall review the application and make a determination whether the subject property shall be served with recycled water. Based upon such determination, the application for service shall be either accepted and processed or denied. Reuse water availability determinations are prepared in accordance with Utilities Commission Policy Number 501 entitled “Guidelines for Issuing Water, Wastewater, & Reuse Water Letters of Availability.”
(G) City inspection. The city shall inspect piping, connections to the mains, and installation of the meter and appurtenant equipment, all of which shall meet specifications set by the Utility Division. 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 Utility Division. The city shall not be held liable for failure of such piping or installations.
(Ord. 14-22)
55.06 AUTHORIZATION TO USE RECYCLED WATER.
Recycled water service shall be provided only if authorization for such service is obtained in the manner provided in this chapter. If any of the following conditions of service are not satisfied at all times, authorization may be revoked, after which all recycled water service shall cease. Connection to a potable water system may not be allowed.
(A) Notice of authorization. Users that wish to use recycled water for landscape irrigation or other approved uses shall obtain authorization from the city and NMED, in accord with this chapter and the NMED regulations and permit conditions. Users who wish to commence use of recycled water on or after the effective date hereof must receive a notice of authorization prior to any use of recycled water.
(B) Approved uses of recycled water. The following are the only approved uses for recycled water. All other uses of recycled water are prohibited.
(1) Landscape irrigation;
(2) Industrial recycled water uses;
(3) Commercial recycled water uses.
(C) User plan to comply – Landscape irrigation. To obtain a notice of authorization, every proposed landscape irrigation user shall provide the following information to the Utilities Division on forms available at the Utilities Division office:
(1) User information including name of entity, legally responsible person’s name, address, telephone number, email address, and site address where recycled water will be used;
(2) An eight-and-one-half-inch by 11-inch or an 11-inch by 17-inch map or schematic drawing indicating the specific area(s) where unrestricted access landscape irrigation with recycled water will take place;
(3) A description of best management practices that the landscape irrigation user intends to implement to ensure that direct and windblown spray and other means of human exposure from irrigation systems will be confined to the areas designated and approved in the notice of authorization;
(4) A description of best management practices the landscape irrigation user intends to employ to ensure that application rates shall be controlled to strictly minimize ponding and runoff and to minimize the amount of applied water and associated pollutants that pass through the root zone of the plants to be irrigated (e.g., rain shutoff devices, application at evapotranspiration rates adjusted for irrigation efficiency, daily inspection, or other means);
(5) Information supplied by the landscape irrigation user demonstrating that the user plan to comply meets other applicable conditions for use in accordance with state regulations and best management practices identified by the city; and
(6) Information to establish allowable recycled water demand; including peak and average day use.
(D) User plan to comply – Commercial and industrial approved uses. To obtain a notice of authorization, every proposed commercial or industrial recycled water user shall provide the following information to the Utility Division on the forms available at the office of the City Clerk:
(1) User information including name of entity, legally responsible person’s name, address, telephone number, and email address;
(2) A description of how recycled water is to be used;
(3) An eight-and-one-half-inch by 11-inch or 11-inch by 17-inch map or schematic showing where such use will occur;
(4) The potential for public contact with recycled water used in the commercial or industrial operations or processes;
(5) The fate of wastewater streams from the commercial or industrial operation or process after use (e.g., discharge to sanitary sewer, lined evaporation/recovery pond, or other location);
(6) Best management practices the commercial or industrial recycled water user intends to implement to prevent or minimize direct and windblown spray and other pathways of human exposure to recycled water; and
(7) Information demonstrating that the user plan to comply meets other applicable conditions for use in accordance with NMED permits, regulations, and policies for the use of recycled water.
(E) Statement. Each user plan to comply shall include a statement signed by the recycled water user, or a legal representative of the user, certifying that:
(1) The recycled water user has reviewed and has agreed to comply with the applicable requirements of state regulation.
(2) The recycled water user agrees to allow the Utility and/or the NMED access to the site to determine whether the user is in compliance with this section, the state regulation, and the notice of authorization and/or to perform monitoring and analysis as may be required.
(Ord. 14-22)
55.07 CONDITIONS FOR USE OF RECYCLED WATER.
(A) Conditions for use of recycled water are as required by state law, the City Code, this chapter, and the nonpotable water line extension and service standards.
(B) All drawings, plans, specifications, and other documents required by the nonpotable water line extension and service standards shall be submitted to and approved by the city prior to connecting a nonpotable service line to the recycled water system.
(C) Users subject to the reporting requirements of this chapter shall retain, and provide to the city on a quarterly basis, all records of information obtained pursuant to any monitoring activities required by this chapter and any additional records of information obtained pursuant to monitoring activities undertaken by the user independent of such requirements. Records shall include the date, exact place, method, and time of sampling, and the name(s) of the person(s) collecting the samples; the dates analyses were performed; the laboratory or individual who performed the analyses; the analytical techniques or methods used; associated quality control data; 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 when the city has specifically notified the user of a longer retention period.
(D) The city shall specify the design, construction, operation, maintenance, and monitoring requirements for the applicant’s planned use, based on the rules and regulations adopted pursuant to this chapter, and shall require compliance with the NMED discharge permit and policy requirements.
(E) The city shall review plans for the recycled and nonrecycled water distribution systems and shall conduct a field inspection before the user agreement is granted. Recycled water shall not be supplied to a property until inspection by city determines that the applicant is in compliance with the user agreement conditions.
(Ord. 14-22)
55.08 PERMIT REQUIREMENTS.
(A) The customer shall notify the city of any and all updates or proposed changes, modifications, or additions to the on-site facilities. Changes shall be approved by the city and shall be designed and constructed according to the requirements, conditions, and standards set forth in this chapter and all applicable rules and regulations. The customer shall comply with any and all applicable federal, state, and local statutes, ordinances, regulations, contracts, and requirements prescribed by the city.
(B) It shall be the responsibility of the customer to notify the city of any and all failures of the recycled water system or violations of this chapter. Failures or violations may include but are not limited to cross-connections, runoff conditions, ponding conditions, windblown spray conditions, unapproved uses, and unprotected public facilities, hose bibs, and fire hydrants. The customer shall keep a written log of all system failures and violations, including corrective action taken. The log shall be provided to the city with the quarterly reports.
(C) The customer shall not make any changes to the recycled water system without city approval. Changes or alterations to existing on-site facilities, whether resulting from intentional or unintended damage, shall be reported immediately to the city.
(D) Pursuant to Section 20.6.2.3104 NMAC, it is the responsibility of the permittee to comply with the terms and conditions of discharge permits; failure may result in an enforcement action(s) by NMED (Section 20.6.2.1220 NMAC). All applicants for service must submit a notice of intent to discharge to NMED, and obtain a discharge permit if required prior to be receiving authorization to use recycled water.
(Ord. 14-22)
55.09 LIMITATIONS, RESTRICTIONS, AND CURTAILMENT OF RECYCLED WATER USE.
(A) Limitations. Pressure and service shall be provided on an “as available” basis, at the location of the customer’s meter. All customers shall hold the city harmless from any and all damages and liabilities caused in whole or in part by pressure conditions, water quality variations, or interruptions in service. It shall be the owner’s responsibility to install booster pumps to increase pressure or install pressure reducers if necessary.
(1) Water pressure. Pressure at point of service may range from 30 to 140 pounds-per-square inch (psi) at the point of service. The customer is responsible for regulating the pressure on the private property side of the water meter to that required by the customer’s facilities.
(2) Rate of flow. The city will deliver recycled water to the customer’s on-site storage facility or the distribution system, but does not guarantee the flow rate to these facilities.
(B) Restrictions. The on-site facilities shall be designed to meet the peak irrigation demand of all plant materials used within the design area and to apply irrigation water in a manner compatible with the infiltration rates of the soil types within the approved use area. Conditions that directly or indirectly cause a runoff of recycled water outside of the approved recycled water use areas, cause a ponding or overspray of recycled water, or permit windblown spray to pass outside of the approved use area, whether by design, construction practice, or system operation, shall be eliminated or controlled to the greatest extent possible with the use of the best practicable technology or methodology.
(C) Curtailment. Customer accepts the possibility that the city may be required to disrupt recycled water services to customer’s premises due to emergency conditions, peak demands, planned system maintenance, or other reasons identified by the city. Customer shall be responsible for any damage that may be caused to customer-owned facilities by such disruptions.
(1) When there is an unforeseen emergency relating to the city’s recycled water delivery system, the city may terminate deliveries of recycled water without notice. When notice of an emergency is given, customer agrees to reduce or cease usage of recycled water service upon the city’s request.
(2) In order to accommodate peak demand periods or planned maintenance of its recycled water system, the city shall provide the customer with 24-hour notice of the need to cease recycled water usage altogether, or to reduce the volume of recycled water used. Upon being provided such notice, customer will alter its recycled water usage according to the city’s request.
(3) The Utilities Division shall prepare annual five-year projection updates for recycled water availability and prioritize the availability in accordance with city needs. Recycled water availability projections are maintained by and made available through the Utility. The city will issue customer notifications if recycled water use must be curtailed.
(Ord. 14-22)
55.10 ADMISSION TO PROPERTY.
(A) Duly authorized agents or employees of the city, 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 recycled 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 service may be discontinued 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.
(B) The customer or owner shall be responsible for the safe and efficient operation, maintenance, and upkeep of their on-site facilities. However, the city shall have the right to monitor and inspect the on-site operation of the customer’s facilities to verify that the customer’s facilities are in conformance with the provisions of this chapter and all applicable permits. For these purposes the city or authorized representatives of the city shall have the right to enter upon the customer’s premises during reasonable hours to monitor and inspect the entire recycled water distribution facility, including customer facilities. Reasonable hours shall include hours when irrigation is being performed. Except in emergencies, the city and other parties authorized by the city will provide 48-hour notice to the customer for on-site inspection.
(Ord. 14-22)
55.11 SERVICE CONNECTIONS.
(A) The Utility shall determine the point of service to any premises. The Utility shall be called upon for exact information regarding the service line location before any customer piping has been started. If such information is not secured, changes in piping installation may result for which the Utility shall not be held liable in any way and will not assume any responsibility.
(B) No more than one service line shall be installed on the premises for any one customer unless agreed to by the Utility where special circumstances exist. If there is more than one service line on a customer’s premises, each service line will be separately metered and billed.
(C) Service connections shall be made by a licensed contractor working for or as an agent of a customer. Alternatively, upon request by the customer, the city shall make the service connection, and a service connection fee shall be charged to the customer. All piping and plumbing installations made by the customer or under responsibility of the customer shall conform with all applicable codes.
(D) Following the completion of construction and/or installation of the recycled water facilities, the customer shall request the city to install the service meter. The request for service connection shall be accompanied by all required fees for installation and connection as appropriate for the size and type of service. Meter settings shall be made by the city, and the customer shall be charged a meter installation fee.
(E) Prior to commencement of recycled water service, the city shall inspect the on-site facilities to verify that the facilities have been maintained and are in compliance with the recycled water user agreement. Upon verification of compliance, the customer shall receive recycled service.
(Ord. 14-22)
55.12 MAIN EXTENSIONS.
(A) New utility service. When an extension of the Utility’s recycled water system is required to serve an individual applicant or a group of applicants, an extension shall be made under the following terms and conditions:
(1) All recycled water main extensions shall be sized to provide adequate service. The minimum main size shall be eight inches, although a larger main size may be required in some circumstances depending on the unique characteristics of the development.
(2) Final determination of the line size requirement shall be at the discretion of the Utilities Division. The Utility shall be the sole judge of the proper size, type, material, and location of the facilities constructed, and the actual construction shall be done under the direct supervision of the Utility.
(3) 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 line extensions along with fire hydrants, valves, manholes, and all other required appurtenances.
(4) The city reserves the right to approve the size and location of recycled water service lines, the service connections, and the meters and shall also have the right to approve the kind and size of backflow prevention assembly if required, and any and all other appurtenances to the service.
(5) The recycled water service lines shall be extended to a curb line, or property line of the customer’s property, abutting upon a public street, highway, road, or city easement in which recycled water distribution mains are installed.
(Ord. 14-22)
55.13 UNAUTHORIZED CONNECTIONS.
(A) Recycled water service shall be used only in connection with the customer’s 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, and/or statement of requirements from the Utility.
(B) Any use of water not authorized by the Utility shall be considered a theft of service punishable by levy of penalties.
(Ord. 14-22)
55.14 RATES, FEES, CHARGES, AND PENALTIES.
(A) Rates to be charged by and paid to the utility for recycled water will be the rates legally in effect, and approved by the Governing Body (Section 51.12, Rates, Fees, Charges and Penalties).
(B) Complete schedules of all rates will be kept at all times at the Utility’s office at Rio Rancho, New Mexico, and at the Clerk’s office at City Hall. The rates shall include a monthly service charge and volume charge. These rates do not include tax.
(C) Change of rates or charge. The city reserves the right to change the schedule of recycled water rates, service charges, and any other charges, deposits, or fees at any time. These changes are subject to the terms of any existing recycled water service agreements and will be made by appropriate action of the city. Any and all changes duly made in the approved rate, or on terms and conditions of service, shall become effective on and after the date such changes have been approved by the Governing Body.
(D) Billing and payments. Monthly statements of charges for recycled water service shall be due and payable to the city. Delinquent accounts will be assessed a penalty as identified in Section 51.12. Statements shall cover service charges for the period shown thereon and shall be provided to the customer as soon as practicable after each service period.
(E) Nonpayment of charges. Recycled water service terminated for nonpayment shall not be restored to the nonpaying user until all delinquent charges, together with a service fee as identified in Section 51.12, Rates, Fees, Charges and Penalties, for restoring services, are paid.
(F) Volumes in excess of the annual allowable amount as established by the approved user plan shall be charged at the commercial irrigation rate as identified in Section 51.12.
(Ord. 14-22)
55.15 NONCOMPLIANCE.
(A) Compliance oversight. NMED discharge permits require the city to conduct inspections of a representative number and type of recycled water user sites to determine recycled water user compliance with the user plan to comply, notice of authorization, and state regulations. If the city is aware of a violation by a recycled water user and does not report it as required by state regulations, the city may be subject to an enforcement action for failure to report the violation.
(B) Noncompliance correction. Where the city finds violations by a recycled water user, up to 60 days may be used by the city to work with the recycled water user to resolve the violation. If the violation is resolved, no separate notice to the NMED is required. The violation is to be reported in the city’s annual report to the NMED. If the violation is continuing after a total of 60 days from the time the city became aware of the violation, the city shall report the violation to the NMED within five working days.
(C) Noncompliance enforcement. It is the purpose of this section to provide additional and cumulative remedies. The Utilities Division may use the following remedies individually, sequentially or in any order:
(1) Authority to take action. Whenever the city finds that any user has violated or is violating any requirements of this chapter, the Utilities Division may take any action authorized by this chapter.
(2) Service discontinuance. The Utility may discontinue recycled water service for reasons provided in the Utility’s rules and regulations, including, but not limited to, violations of City Code or the nonpotable water line extension and service standards, unsafe conditions, and denial of access required by Section 55.10.
(D) Judicial review. Any person aggrieved by order of the city may appeal said order to the hearing officer in accordance with Chapter 51. If a timely request for hearing is made, the decision of the hearing officer shall be a final order. Any party adversely affected by the decision of a hearing officer may appeal it to the District Court in and for the County of Sandoval pursuant to rules of the New Mexico Rules of Civil Procedure. If the alleged violator fails to submit a timely request for a hearing, the alleged violator has failed to exhaust administrative remedies and may not appeal the notice or order to District Court.
(E) Penalty. Any owner and/or operator who violates this chapter shall, for each day of violation, or portion thereof, be subject to a fine as found in Section 51.12, Rates, Fees, Charges and Penalties. In addition, recycled water service to the property may be discontinued.
(F) Termination of service. Customer acknowledges that recycled water may be discontinued for failure to comply with the terms and conditions of service outlined in this chapter.
(Ord. 14-22)