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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