The following words, terms and phrases, when used in this Part 2, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:
A.S.T.M.
The American Society for Testing Materials.
BOD (BIOCHEMICAL OXYGEN DEMAND)
The quantity of oxygen utilized in the biochemical oxidation of organic matter by Standard Methods procedure in five days at 20°C. expressed in milligrams per liter (mg/l).
BRANCH WASTEWATER LINE
A wastewater line that receives wastewater from a relatively small area and discharges into a main wastewater lines serving more than one branch wastewater line.
BUILDING DRAIN
That part of the lowest horizontal piping of a drainage system which receives the discharge from soil, waste, and other drainage pipes inside the walls of the building and conveys it to the building wastewater lines, beginning five feet outside the inner face of the building wall.
BUILDING INSPECTOR
The building official or other authorized person charged with permitting the construction and development of buildings and/or other structures within the City of Española.
BUILDING SERVICE
A saddle or Y connection to lateral or branch wastewater lines for the connection of a building lateral.
BUILDING WATER LINES
Asystem of pipelines connecting a building's water service system. The building water lines begin at the water meter and extend on throughout the building itself.
BUILDING WASTEWATER LINE
A gravity-flow pipeline connecting a building wastewater collection system to a lateral or branch wastewater line. The building wastewater line may begin at the outside of the building's foundation wall or some distance (such as two to 10 feet) from the wall, upon approval from the Wastewater Resources Manager and the Planning and Zoning Department.
BUILDING WASTEWATER COLLECTION SYSTEM
All of the wastewater drainage pipes and their hardware that connect plumbing fixtures inside or adjacent to a building to the sanitary wastewater lines. This includes traps, vents and cleanouts.
CLASS I COMMERCIAL
Small offices and businesses with 15 or fewer employees, such as law firms, realtors, architects, doctor/dentist offices, surveyors, insurance agencies, abstract offices, gift shops, curio shops, clothing shops, galleries, bookstores, gas stations, variety stores, grocery stores, and liquor stores.
CLASS II COMMERCIAL
Food and/or beverage establishments, theaters, businesses with more than 15 employees, bed-and-breakfasts, condominiums, and townhomes.
CLASS III COMMERCIAL
Apartments, laundromats, car washes, hotels, motels, schools, and government buildings/offices.
COD (CHEMICAL OXYGEN DEMAND)
The quantity of oxygen utilized in the chemical oxidation of organic and inorganic matter under standard laboratory procedure by the dichromate reflux method expressed in milligrams per liter.
CODE ENFORCEMENT OFFICER
The person charged with the official duties of enforcing all noncriminal codes within the City of Española, including but not limited to this chapter, Utilities, and its amendments.
COMBINED WASTEWATER LINE
A wastewater line receiving both surface runoff and sewage.
ENFORCEMENT
There shall be three modes of enforcement: payment of administrative fees; discontinuance of water service; and prosecution of petty misdemeanors through the Municipal Court.
GARBAGE
Solid wastes from the domestic and commercial preparation, cooking and dispensing of food, and from the handling, storage, and sale of produce.
GREASE
A substance that is considered to be the residues of fats, detergents, waxes, free fatty acids, calcium and magnesium soaps, mineral oils and certain other nonfatty materials which tend to separate from water and coagulate as floatable scum.
GREASE INTERCEPTOR
A receptacle designed to collect and retain grease and fatty substances usually found in kitchens or from similar wastes. It is installed in the drainage system between the kitchen or other point of production of the waste and the building wastewater collection line.
HEALTH OFFICER
Any person or his authorized representative so appointed by the City or any state environmental improvement agency representative charged with approval or inspection of public or private wastewater facilities.
INDUSTRIAL LIQUID WASTE
All waterborne solids, liquids or gaseous wastes resulting from any industrial, manufacturing or food processing operation or process, or from the development of any natural resource or any mixture of these with water or domestic sewage as distinct from normal domestic sewage.
INGRESS/EGRESS
Right of entry and exit by the City onto private property for the purpose of installation and City-owned infrastructure.
INTERFERENCE WITH ANY WASTEWATER FACILITY
Any condition or combination of conditions which causes degradation of the operational efficiency of a wastewater facility.
IRRIGATION METER
An additional meter installed primarily for irrigation or other outdoor uses such as, but not limited to, pool or spa filling or vehicle washing.
MUNICIPAL INFRASTRUCTURE
Any utility under the direct control of the City of Española for the use by the citizens of the City of Española.
NATURAL OUTLET
Any outlet into a watercourse, pond, ditch, lake or other body of surface water or groundwater.
NORMAL DOMESTIC WASTEWATER
Waterborne wastes normally discharging from the sanitary conveniences of buildings, including apartment houses and hotels, office buildings, factories and institutions, free from storm surface water and industrial wastes. Normal domestic wastewater shall mean "normal" for the City.
PERSON
Any individual, firm company, political or governmental subdivision, association, society, corporation or group.
pH
The logarithm, to the base 10, of the reciprocal of the weight of hydrogen ions in grams per liter of solution.
PRIVATE RIGHT-OF-WAY
Paved or unpaved streets, alleys, drainage or other private easements and lined or unlined drainage channels which comprise or impact the local or municipal storm drainage system.
PROPERLY SHREDDED GARBAGE
The wastes from the preparation, cooking and dispensing of food that have been shredded to such a degree that all particles will be carried freely under the flow conditions normally prevailing in public wastewater lines, with no particle greater than 1/2 inch in any dimension.
PUBLIC INFRASTRUCTURE
Water and/or wastewater lines in which all owners of abutting properties shall have equal rights or access and is controlled by public authority.
PUBLIC RIGHT-OF-WAY
Paved or unpaved streets, alleys, drainage, or other public easements and lined and unlined drainage channels which comprise the municipal storm drainage system.
RESPONSIBLE PARTY
The owner, manager, supervisor, or person in charge of the property, facility or operation during the period of time the violations are observed.
SANITARY WASTEWATER LINES
Wastewater lines that carry water and water-carried wastes from residences, commercial buildings, industrial plants and institutions to treatment or disposal facilities.
SETTLEABLE SOLIDS
Those solids, which settle during a preselected period time, expressed as milliliters per liter of sample.
SLUDGE
Any discharge of water, sewage, or industrial waste which in concentration of any given constituent or in quantity or flow exceeds for any periods of duration longer than 15 minutes more than five times the average twenty-four-hour concentration of flows during normal operation.
STANDARD METHODS
The laboratory procedures set forth in the latest edition, at the time of analysis, of "Standard Methods for the Examination of Water and Wastewater," as prepared, approved and published jointly by the American Public Health Association and the American Water Works Association and the Water Pollution Control Federation, American Water Wastewater Association and the New Mexico Public Works Council.
STORM WASTEWATER LINE
A wastewater line that carries storm water and surface water, street wash and other wash waters or drainage, but excludes domestic wastewater and industrial wastes. Also called "storm drain."
SUSPENDED SOLIDS
Solids that either float on the surface of or are in suspension in water, sewage or other liquids and which are removable by laboratory filtering.
UNPOLLUTED PROCESS WATER
Any water or waste containing none of the following: emulsified grease or oil; acid or alkali, phenols or other substances imparting taste and odor to receiving water; toxic substances in suspension, colloidal state or solution; and noxious or odorous gases.
WASTEWATER
The used water and water-carried solids from homes that flow in wastewater lines to a treatment plant.
WASTEWATER FACILITIES
The structures, equipment and processes required to collect, transport and treat wastewater and dispose of the effluent.
WASTEWATER LINES
Pipes or conduits to carry wastewater or sludge.
WASTEWATER RESOURCES MANAGER
The director of the Wastewater Department of the City or his authorized representative.
WASTEWATER TREATMENT FACILITIES
An arrangement of devices and structures for treating wastewater and sludge; sometimes synonymous with "waste treatment plant" or "wastewater treatment plant."
WATERCOURSE
A channel in which a flow of water occurs, either continuously or intermittently.
W.P.C.F.
The Water Pollution Control Federation.
The owner, agent in charge or occupant of any building or lot adjoining a street or alley where municipal infrastructure is laid or whose legal property line is within 300 feet of existing municipal infrastructure and within the jurisdiction of the City of Española shall install proper plumbing as required, inspected and approved by the Public Works Director of the City and shall connect with such plumbing to the municipal infrastructure.
State law reference: municipal authority to require wastewater lines connection, NMSA 1978 § 3-26-3.
After determination that a property is within the three-hundred-foot limit stated in § 300-27, the owner, agent, person in charge or the occupant shall be sent a notice by the City Code Enforcement advising them of such requirement to connect to municipal infrastructure. Such notice shall be sent via certified mail, return receipt requested, to the last known mailing address of each of the parties concerned.
State law reference: similar provisions, NMSA 1978 § 3-18-22.
If, after 60 days upon receipt of the notice referred to in § 300-28, the owner, agent, or person in charge shall fail or refuse to make the connection, installation or construction, the City shall have the right to impose a fine of $500 per § 300-101. This right shall include the right of ingress and egress to inspect if such work is being performed by the owner or responsible party.
State law reference: similar provisions, NMSA 1978 § 3-18-22.
A. 
No person shall tie into, make installation with or in any way connect to municipal infrastructure lines of the City without first paying the connection charges as required in this Part 2 and obtaining the required connection permit from the City Planning and Zoning Department.
B. 
Permits shall be issued in the name of the owner of the property which is to be connected, but no person shall tie into, make installation with or in any way connect to any municipal infrastructure line of the City.
All applications for the use of municipal infrastructure service connections shall be submitted to the Utility Billing Division of the City of Española. The owner, or his designated agent, of the property to be benefited shall submit such application.
The City shall decide to approve or deny the application for municipal water/wastewater services within 30 days of submission of such application.
A. 
Generally. Any applicant whose application for municipal infrastructure service connections has been denied shall be entitled to a hearing before the City Manager as specified in this section.
B. 
Procedure. Any applicant who wishes to have a hearing following denial of municipal infrastructure services shall submit a request for a hearing, in writing, to the City Manager within 10 working days of receipt of the decision denying such application. The request shall state the reasons it is believed the denial is unwarranted.
C. 
The City Manager shall hold a hearing within 10 working days after receipt of the request. The City Manager shall provide the applicant notice of the time and place of the hearing at least five working days before such hearing. Notices shall be in writing and shall be delivered via registered or certified mail and addressed to the applicant at the address indicated in the application. A separate letter also delivered via registered or certified mail shall be sent to the legal property owner, if different from the applicant. The City Manager shall render his decision, in writing, within five working days of the hearing to the applicant and property owner, if necessary.
D. 
Further appeal to the City Council. The decision of the City Manager to deny municipal infrastructure to the applicant may be appealed to the City Council. To initiate an appeal before the City Council, the applicant must submit a written appeal delivered to the City Clerk within 15 working days from the date of the City Manager's notice of denial.
E. 
City Council public hearing. The City Council shall hold a public hearing on the appeal within 30 days from receipt of the request for further appeal. Notice of public hearing shall be given to the applicant and legal owner at least 15 days prior to such hearing. The City Council shall review the City Manager's written justification for denying the approval and render its decision at the conclusion of the public hearing. A written decision of such action shall be prepared and mailed to the applicant and legal property owner via certified or registered mail. In the event the property owner or his legal designee is not present, the hearing will be tabled and the City Manager's decision will be upheld.
The City Council may refuse or suspend the furnishing of municipal water and wastewater connections. Notice of the time and place of such hearing shall be published at least 15 days prior to the date of the hearing.