625 TOWN OF TAOS
ORDINANCES
YEAR:
N (a2S
...
TO!CT OF TAOS
TAOS, NEV MEXICO
ORDINANCE NO.
AN ORDINANCE PROVIDING FOR PROCEDURES REGARDING INDUSTRIAL WASTES,
PIAItING MINIMUtI REQUIRE?9EIJTS, ESTA9LISHING THE REQUIREMENT OF AN
ADEQUATE RATE SCHEDULE FOR SEVER SERVICE AND PROVIDING A PENALTY
FOR VIOLATION THEREOF
WHEREAS, 18 C .F.R. 601 . 34 and 601. 36, Federal Register (July 2, 1970) ,
requires that an enforceable sanitary sewer—industrial waste ordinance
meeting certain criterial be adopted; and
WHEREAS, The Ta.m of Taos, New 14exico is seeking State and Federal
assistance for, the purpose of constructing or improving sanitary
sewer removal or treatment facilities ; and
WHEREAS, in order to be eligible for such assistance, the ordinance
must provide for :
1. limitations on quantity or discharge of industrial waste ,
2. prohibition of discharge or pretreatment of industrial waste when
necessary, and
3. a rate schedule for sanitary sewer service that assures an equitable
system of cost recovery ; and
WHEREAS, these regulations are conducive to the promotion of the health
and general welfare of the Torn of Taos.
N011, THEREFORE, be it ordained by the governing body of the Town of
Taos that:
Section 1 . Title. This ordinance shall be known as the Industrial
Waste Ordinance of the Town of Taos, New Mex-co.
Section 2 . Definition of Terms . 1
a. B.O.D . "BOD" (denoting biochemical oxygen demand) shall mean the
quantity of oxygen utilized in the biochemical oxidation of organic
matter by Standard Methods procedure in five days at twenty degrees
cent-grade expressed in milligrams per liter (mg/1) .
b . C .O.D. "COD" (denoting chemical oxygen demand) is a measure of the
oxygen—consuming capacity of organic and inorganic matter present
In waste water as milligrams per liter (mgil) .
c . Normal Domestic j-;astewater. "Normal domestic wastewater" shall
mean waterborne wastes normally discharging from the sanitary con—
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 Taos. New Mexico.
-2-
d. Garbage. "Garbage" sh-?11 mean solid i•astes from the preparation, ccol:: g and
dispensing of food, and from the handling, storing and sale of produce.
e. Industrial Liquid ;tastes. "Industrial liquid wastes" shall mean all water-
borne solids, liquids or gaseous wastes resulting from any industrial, manu-
facturing or food processing operation or process, or from the development of
any natural resource, or any mixture of these with water or domestic sewage
as distinct from normal domestic sewage. Industrial manufacturing processes
shall include, but are not limited to: ordinance and acc3ssories; food and
allied products; tobacco manufacturer:, textile mill products; apparel and
other finished products made from fabrics and similar materials; lumber and
wood products, except furniture; furniture and fixtures; printing, :laughter
house wastes, publishing, and allied industries; chemicals and allied products;
petroleum refining and related industries; rubber and miscellaneous plastics
products; leather and leather products; stone, clay, glass and concrete
products; primary metal industries; fabricated metal products, except ordinance,
machinery and transportation equipment; machinery, except electrical; electrical
machinery, equipment and supplies; transportation equipment; professional,
scientific and controlling instrum.3nts; photographic and optical goods; watches
and clocks; miscellaneous manufacturing industries.
f. Interference with Any Wastewater Facility. "Interference with any wastewater
treatment process" shall mean any condition or combination of conditions which
cause degradation of the operational efficiency of a wastewater facility.
g. Trap. "Trap" is a device for retaining sand, silt, grit mineral material,
petroleum solvent, grease or oil by gravity-differential separation from
waste;tater and of a design and capacity approved by the Town of Taos,
New Mexico .
h. pH. 11pH11 shall mean the logarithm (base 10) of the reciprocal of the hydrogen
ion concentration of a solution.
i. Public Sewer. "Public sewer's shall mean a sewer in which all owners of
abutting properties shall have equal rights, and is controlled by public
authority.
j. Sanitary Sewer. "Sanitary sewer" shall mean the public sewer portion of a
wastewater facility which transports wastewater and to which storm, surface and
ground water are not intentionally admitted.
k. Setteable Solids. 'Settleable solids" means those solids which settle during
a preselected period of time as expressed in milliliters per liter of sample. \
1. Standard 1,1ethods. "Standard methods" shall mean the laboratory procedures
set forth in the latest edition, at the time of analysis, of "Standard Methods
for the Examination of Water and Wastewater." as prepared, approved, and
publis'aed jointly by the "American Public Health Association" and "American
Mater Works Association" and the IlWater Pollution Control Federation."
m. Storm Sewer. "Storm sewer" sisal"L mean a sewer which carries storm and surface
watcrs and drainage, but excludes wastewater and polluted industrial wastes.
.•• —
3-
n. Unpollut nd. Pro..^.ess Water. "Unpolluted proce-is. water;' shall mean any water or
waste containing none of the following: Free or emulsified grease or oil; acid
or alkali, phenols, or other substances imparting taste and order to receiving
water; toxic substances in suspension, colloidal state or solution; and
noxious or odorous gases.
o. Wastewater. I'Viastewater" shall mean the used water of a community. Such used
water may be a combination of the liquid and waterborn wastes from residences,
commercial buildings, industrial plants and institutions.
p. Wastewater Facilities. "Wastewater facilities" shall mean the structures,
equipment, and processes required to collect, transport and treat domestic
industrial wastes and dispose of the effluent.
q. Wastewater Treatment Works. "Wastewater treatment works" shall mean an arrange-
ment of devices and structures for treating wastewater, industrial wastes and
sludge. Sometimes used as synonymous with waste treatment plant or wastewater
treatment plant.
Section 3. No person shall discharge or cause to be discharged any storm water,
surface water, groundwater, roof runoff, subsurface drainage, uncontaminated cool-
ing water, or unpolluted industrial process waters to any sanitary sewer.
Section 4. Storm water and all other unpolluted drainage shall be discharged to
such sewers as are specifically designated as storm sewers, or to a natural outlet
approved by the governing body of the Tolsn of Taos, New Mexico
Industrial cooling water or unpolluted process waters may be discharged on approval
of the governing body of the Town of Taos, New Mexico, to a store sewer,
or natural outlet.
Section 5. No person shall discharge or cause to be discharged any of the follow-
ing described liquids or wastes to any public sewers:
a. any gasoline, benzene, naphtha, fuel oil, or other flammable or explosive
liquid, solid or gas.
b. any waters or wastes containing toxic or poisonous solids, liquids, or gases
in sufficient quantity, either singly or by interaction with other wastes, to
injure or interfere with any wastewater facility, constitute a hazard to
humans or animals, create a public nuisance, or create any hazard in the
receiving waters of the wastewater treatment Works, including but. not limited
to cyanides in excess of two (2) mg/l as CN in the wastes as discharged to the
public sew r.
c. any herbicides and pesticides.
d. any waters or wastes having a pH lower than (5.5), or having any other
corrosive property capable of causing damage or hazard to strictures, equip-
ment, and personnel of the wastewater facility.
e. slid or viscous substances in quantities or of such size capable of causing
obstruction to the flow in sewers, or other interference with the proper
operation of the wastewater facility such as, but not limited to, ashes, cinders,
sand, mud, straw, shavings, metal, glass, rags, feathers, tar, plastics, wood,
unground garbage, whole blood, paunch manure, hair and fleshings, entrails
and paper dishes, cups, milk containers, etc., either whole or ground by
garbage grinders.
-4-
f, any amount of the following heavy metals
Antimony Manganese
Arsenic l ercury
Barium holybdenum
Beryllium Nickel i
Bismuth Rhenium
Boron Seleniun
Cadmium Silver
Chrcmium (Hexa) Strontium
Chromium (Tri) Tellurium
Cobalt Tin
Copper Uranyl ion
Iron Zinc
Lead
i
Dilution of toxic materials and heavy metals in lieu of removal is not
'acceptable.
Section 6. No person shall discharge or cause to be discharged the following
described substances, materials, waters, or wastes if it appears likely in the
opinion of the governing body of the Town of Taos. New Mexico, that such
wastes can harm the wastewater facility, or equipment, have an adverse effect on
the receiving stream, or can otherwise endanger life, limb, public property, or
constitute a nuisance. In forming an opinion as to the acceptability of these
wastes, the governing body of the Town of Taos, :dew Mexico, will give
consideration to such factors as the
materials of construction of the sewers.,
nature and capacity of the wastewater facility, degree of treatability of wastes
in the wastewater treatment works and other pertinent factors. The substances
which must be considered include but are not limited to the following:
a. any liquid or vapor having a temperature higher than one hundred fifty
(150°F) (65°C) ;
b. any water or waste containing fats, grease, wax, or oils, whetrser emulsified
a or not, in excess of one hundred (100) mg/1 or containing substances which
may solidify or become viscous at tem erature between thirty-two (32) and
one-hundred-fifty (1500F) (0 and 65005
c. any garbage that has nob been properly shredded. The installation and
operation of any garbage grinder larger than those normally manufactured
and sold for residential and noncommercial use will not be installed without
specific review and approval by the governing body of To•,m of Taos,
Nsw Mexico ;
d, any waters or wastes containing strong acid, iron pickling wastes, or concen=
trated plating solutions cannot be discharged to the wastewater facility
unless ccmpletely neutralized and approved by the governing body of the
Town of Taos, New Mexico, for discharge
r--r
e. any waters or wastes containing reducing substances of an organic or
inorganic nature, toxic or nontoxic, which exert an i=ediate chlorine
demand not be discharged into th3 wastewater facility if discharge of such
agents- %-rill prevent the achievement of an adequate chlorine residual in the
effluent of the vrastewater treatment viorks ;
I` d►
-5-
f. any waters, or wastes containing phenols or other taste or odor-producing;
substances, in concentrations exceeding limits established by the governing
bcdy of Town of Taos, New Mexico, after treatment of the composite
sewage, to meet the requirements of the State, Federal, or other public
agencies of jurisdiction for such discharge to the receiving waters.
g. any radioactive wastes or isotopes of such half-life or concentrations as
may exceed limits established by the governing body of Town of
Taos, New Mexico, in compliance with applicable State and Federal regula-
tions ;
h. any waters or wastes having a pH in excess of (9.5);
i. materials which exert or cause:
1. unusual concentrations of inert suspended solids (such as, but not
limited to, Fullers- earth, lime slurries and lime residues) or of
dissolved solids (such as, but not limited to, sodium chlorine and
sodium sulfate).
2. excessive discoloration (such as, but not limited to, dye wastes and
vegetable tanning solutions).
3. unusual chemical oxygen demand, or biochemical oxygen demand, or
chlorine requirements in such quantities as to constitute a significant
load on the wastewater treatment works.
4. slugs or shocks constitutir:s an unusual volume of flow or concentration
of wastes which will disturb the normal functioning of the wastewater
fAcility ;
j. waters or wastes containing substances which are not amenable to treatment or
reduction by the wastewater treatment works employed, or are amenable to
treatment only to such degree that the effluent cannot meet the requirements
of agencies having jurisdiction over discharge to the receiving waters.
Section 7. If any waters or wastes are discharged, or are proposed to be dis-
charged to the public sewers, which waters contain the substances or possess
the characteristics enumerated in Section 6 of this Ordinance, and which in the
judgement of the governing body of the Town of Taos, New 1,1exico, may
have a deleterious effect upon the wastewater facilities, or receiving waters, or
which otherwise create a hazard to life or constitute a public nuisance, the
governing body of the Town of Taos, New Mexico, may:
a. reject the wastes,
b. require pretreatment to an acceptable condition for discharge to the
public sewers, or
c. require control over the quantities and rates of discharge.
If the governing body of the Town of Taos, New Mexico, permits the 1pre-
treatment of requalization of waste flows, the design and installation of the
plants and equipment shall be subject to the review and approval of the
governing body of the Town of Taos , New Mexico, and State and subject
to the requirements of all applicable cedes, ordinances, and laws.
,sk ....
-b-
Section 8. Testing of an industrial waste will be performed at least twice a
year or whenever found necessary be the governing body of the Town of Taos,
New Mexico. The person dischargine the waste shall be liable for payment
of all costs arising from the testing of the industrial waste.
Section 9. Grease, oil and sand traps shall be provided when, in the opinion of
the governing body of the Towr_ of Taos, New Mexico, they are necessary
for the proper handling of liquid wastes containing grease in excessive amounts,
or any flammable wastes, sand, or other harmful ingredients; except that such
traps shall not be required for private living quarters or dwelling units. All
traps shall he of a type and capacity approved by the governing body of the
Town of Taos , New Mexico, and shall be located as to be readily and
easily accessible for cleaning and inspection. Grease and oil traps shall be
installed in all new filling stations, garages, restaurants and other new facili=
ties wherein heavy discharge of grease and oil is to be expected.
Section 10. Where preliminary treatment or flow-equalizing facilities are
provided for any industrial liquid wastes, they shall be maintained continuously
in satisfactory and effective operation by the owner at his expense.
Section 11. When required by the governing body of the Town of Taos, New Mexico ,
the owner of any property serviced by a building sewer carrying industrial liquid
wastes shall install a suitable control manhole together with such necessary meters
and other appurtenances in the building sewer to facilitate observation, sampling,
and measurement of the wastes.
Such manhole, when required, shall be accessibly and safely located, constructed
in such a manner as to prevent infiltration of ground and surface waters, and
should be constructed in accordance with plans approved by the governing body of
the Town of Taos, New I•,Iexico, The manhole shall be installed by the
o;mer at his expense, and shall be maintained by him so as to be safe and access-
ible at all times.
Section 12. All measurements, tests, and analyses of the characteristics of
waters and wastes shall be determined in accordance with the latest edition of
"Standard 3Vthods for the Examination of Water and Wastewater," published jointly
by the 'American Public Health Association," and "American Water Works Associa-
tion" and the "'.4ter Pollution Control Federation," and shall be determined at the
control manhole provided, or upon suitable samples taken at said control manhole.
The control manhole shall be located so that sampling of the industrial waste will
be performed before discharge into the public sewer system.
Sampling shall be carried out by customarily accepted methods to reflect the
effect of constituents upon the wastewater treatment works and to determine the
existence of hazards to life, limb, and property. (The particular analyses
involved will determine whether a twenty-four (24) hour composite of all outfalls,
of a premioe is appropriate or whether a grab sample or samples should be taken.
i. -orally, but not always, COD, BOD, and Settleable Solids analyses are obtained
frcm twenty-four (24) hour composites of all outfalls whereas pH's are determined
from periodic grab samples 1)
Section 13. The governing body of the Town of Taos , New Mexico, shall
take necessary steps to establish a rate schedule for sewer service that assures
an equitable system of cost recovery. The purpose hereof is that the industrial
users shall pay for the costs inc-irred by the governing body of the Town of
Taos, IJew hfe.ico, in the construction, operation and maintenance of that
portion of the wastewater facilities related to industrial ..castes.
-7-
Section 14. The cost recovery system shall satisfy the following conditions:
a. the apportionment of costs must take into consideration the individual
industrial user' s contribution as related to the total waste load taking
into account the volume and strength of all discharges.
b. the costs to be considered should include, but are not limited to:
1, amortization of the applicantfs indebtedness for the cost
of the treatment facilities (plant and interceptors) .
2. operation and maintenance of the treatment facilities.
3. any additional costs which are necessary to assure adequate
treatment on a continuous basis.
c. substantial prepayment of the capital investment or other financial commitments
will be required from each industry that contributes 30% or more of the total
volume or strength of the waste load to be treated by the project.
Section 15. A charge will be assessed against persons discharging industrial
liquid wastes which are of a greater strength and volume than normal, untreated
domestic wastewater. Normal untreated domestic wastewater is defined as having
a maximum ,yearly average biochemical oxygen demand and chemical ootygen demand
not in excess of 200 milligrams per liter and 400 milligrams per liter, respect-
ively. The same sewage is considered to contain settleable solids not in excess
of 5.0 milliliters per liter.
The industrial charge will be calculated with a formula acceptable to the
Town of Taos, New i:exicr as attarhed hereto as Appendix A.
Section lb. Every person convicted of a violation of this ordinance shall be
punished by a fine of not more than ';300.00 or by imprisonment for not more than
90 days or both and each day this ordinance is violated shall constitute a seperate
offense. The conviction and punishment of any person for a violation shall not
excuse or exempt such person from the payi,::nt of any fee due or unpaid at the time
of such conviction and nothing herein shall prevent a criminal prosecution of any
violation of the provisions of this ordinance.
All rema-lies prescribed or liens created hereunder or under the provisions of the
law for collection and enforcement of the fees shall be cumulative and the use of
one or more remedies by the Town of Taos, shall not bar the use of any
other remedy for the purpose of enforcing the provisions of this ordinance or any
liens created by the law. The fees fixed by this ordia3nce shall be in lien in
favor of the Town of Taos, upon the personal property of the person used
in connection with the sewer use which gave rise to the fee and such lien shall be
imposed, collected, enforced, and uaid as provided by the law. No property of any
person shall be exempt from levy and sale of execution issued for the collection
of a ,judgement for any fee imposed by this ordinance.
Section 17. This ordinance shall be in addition to existing ordinances which
pertain to normal domestic wastes or industrial wastes. Wherever this ordinance
shall conflict with the existing ordinances, this ordinance shall govern.
-8-
Section 18. If any part or parts or application of any part of this ordinance
is held invalid, such holding shall not affect the validity of the remaining
parts of this ordinance. The Town of Taos, hereby declares that it
would have passed the remaining parts of this ordinance even if it has known
that such part or carts or application of any part thereof wbuld be declared
invalid and it is the intent of the Town of Taos, that the unaffected
remainder of the ordinance continue in force. Because of the fact the Town
of Taos does not now have an adequate industrial sewer use code, this
ordinance is' necessary for the preservation of the public health, peace and
safety of the inhabitants of the Town of Taos, New Mexico, and is
hereby declared to be an emergency measure on the ground of urgent public need.
PASSED, ADOPTED, SIGNED AND APPROVED THIS day of SSP i. 1.973
t
HI CANTU, . , MAYOR
Town of Taos, New Mexico
ATTEST- �`
Iz
E
f
ORDINANCE N0:
APPENDIX A
TOWN OF TAOS
TAOS, NEW 14EXICO f
i
i
}
i
t
1�
i
I
s
i
I
i
t
Method of Derivation of Monetary Constants
to be used in Assessing Cost for
Industrial Wastewater Treatment
for EPA Project No. WPC-NM-151
TOWN OF TAOS, ITEW MEXICO
1. Anticipated Wastewater Plant loadin¢
Completion of Project Design loading
1974 1994
Volume .25 MGD .40 MGD
BOD (300 mg/1) 625 lbs/day 1000 lbs/day
COD (405 mg/1) 845 lbs/day 1350 lbs/day
Suspended Solids (250 mg/1) 520 lbs/day 835 lbs/day
2. Capital Cost Allocation
Project Cost $ 1,220,290.00
less P.L. 660 Grant $ 588,528.00
less EIA Grant $ 294,264.00
less Four Corners Grant $ 75 000.00
Eligible Cost 262,498.00
3. Outstanding Debt $ 253,650.00
Total Allocable Capital Costs $ 516,148.00
4. Less Excess Capacity $ 154,844.00
Portion 30%
Utilized capacity portion $ 361,304.00
5. Uniform Annual Payment
0.08718 x $ 361,304.00 $ 31,498.00
Capital Recovery factor , 6%
interest for 20 years.
6. Cost Recovery Equations
a. Uniform annual payment $ 31,498.00
b. Estimated operation and maintenance $ 27,200.00
Total Annual treatment cost `58,698.00
c. Assumed allocation percentages of
capital and operation-maintenance for
year WPC-N14-151 is completed.
OPERATION
CAPITAL & MAI1YMTANCE MAITITENAITCE
ALLOCATION % COST ALLOCATION % COST
Volume 40 $ 12,599. 25 $ 6,800
BOD and COD 40 12,599. 40 10,880
Suspended Solids 20 6,300 35 9520
TOTAL $ 31,498. $ 27,200
- 1 -
CAPITAL COST O & M COST TOTAL COST
Volume $ 12,599• $ 6,800 $ 19,399•
BOD & COD 12,599. 10,880 23,t+79.
Suspended Solids 6,300. 92520 15,820.
TOTAL $ 31,498. $ 27,200. $ 58,698.
7. Calculation of Unit Cost
ANIIUAL TREATMENT UNIT COST
LOADING COST
Volume 91.25 MG $ 19,399.00 $ 212.59/1-•tG
BOD 228,100 lbs 23t479-00 0.103/lb
COD 308,1100 lbs 23,479-00 0.076/lb
Suspended Solids 189,800 lbs 15,820.00 0.083/lb
General Equations:
a. IC = vo i + bo Bi + so Si
OR
IC = voVi + co C + so Si
I-1here IC = Charge to the industrial user, dollars per year
V i ^ Volume of wastewater from industrial user,
1000 of gallons per year
Bi = Weight of BOD from industrial user, pounds
per year
C i = Weight of COD from industrial user, pounds
per year
Si = Weight of suspended solids from industrial user,
pounds per year
* The Town of Taos Industrial s4astewater Charge Coefficients
vo = $ 0.21 per 1,000 gallons discharged
bo = $ 0.10 per pound of BOD discharged
co = $ 0.08 per pound of COD discharged
so = $ 0.08 per pound of Suspended Solids discharged
* These charges should be modified when actual plant loading data can be
obtained when plant becomes fully operational.
- 2 -
r