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The following terms have the meaning ascribed to them in this section unless the context requires otherwise:

"Applicant" means the person, firm, association, corporation, or government agency applying for water service.

"Average month" means 30 days.

"Billing period" means the time interval between two consecutive actual or estimated meter readings that are made for billing purposes.

"Branch service" means a service that is not directly connected to a water main and has as its source of supply from another water service.

"Building permit" means the written authorization issued by Carson City allowing the initiation of construction of structures or the connection of any building, mobilehome, structure, or vehicle with the Carson City water system.

"City" means Carson City, a consolidated municipality and its authorized employees.

"Commercial, commercial enterprise" means any establishment or business operating for profit, whether or not a profit is in fact realized, except as may be modified by this chapter.

"Connection charges" means the charge levied for the pro rata share of the physical water system.

"Customer" means the person in whose name service is rendered as evidenced by the signature on the application or contract for that service, or in the absence of a signed instrument, by the receipt and payment of bills regularly issued in his/her name regardless of the identity of the actual user of the service.

"Customer's service line": See "Yard line."

"Date of presentation" means the date upon which a bill or notice is mailed (as postmarked) or delivered to the customer by the city.

"Department" means the Carson City utilities department.

"Director" means the public works director or his/her designee.

"House piping" means all piping and fittings installed within a house, structure, building, mobilehome, up to and including the last fitting inside or outside the wall.

"Main extension" means the extension or replacement of water distribution mains and necessary facilities beyond existing service facilities up to but not including the mains within a development. Exception: Where the city has required service through the development for future developments, the city will specifically identify such mains.

"Maximum day GPM" means water use as measured in maximum day gallons per minute.

"Metered service" means service for which charges are computed on the basis of measured quantities of water.

"Minimum charge": See "Service charge."

"Permanent service" means service which, in the opinion of the city, is of a permanent and established character. The use of water may be continuous, intermittent, or seasonal in nature.

"Permit" means the permit issued by the city for the connection of a parcel or facility to the city's water system.

"Person" means an individual, partnership, corporation, governmental agency, or other organization operating as a single business entity.

"Point of delivery" means the point where pipes owned, leased, or under license by a customer contact the city water system, notwithstanding the fact that metering may take place beyond (i.e., on the customer's side of) that point.

"Private fire protection service": See "Service classification."

"Quasi-residential" means a commercial enterprise which is conducted in a residential zone as a secondary use to a primary residential use, provided:

1.

Both the primary and the secondary use are contained within the same structure; and

2.

The secondary use is an allowable use within the list of permitted uses for the underlying land use zone. Specifically prohibited from this classification are motels, hotels, boardinghouses, nursing homes, and all residential uses located on any parcel of land classified as commercial or industrial on the current land use map for Carson City.

"Service charge" means the amount the customer must pay the city for the availability of each metered water service, irrespective of whether any water is used. The meter size shall determine the service charge for each service.

"Service classification" means the terms as defined below:

1.

Commercial service: The service to customers engaged in selling, warehousing, or distributing a commodity, in some business activity, or in a profession, or in some form of economic or social activity (office, stores, clubs, motels, hotels, boardinghouses, churches, etc.) or for governmental activities or for service provided to a builder or developer during the construction phase of any structure(s), and for the purposes that do not come under another classification of service.

2.

Industrial/manufacturing service: The service to customers engaged in industrial or manufacturing processes with greater than a two-inch meter size, using greater than 3.5 million gallons of water per month on average.

3.

Large commercial service: The service to customers with greater than a 2-inch meter size, using greater than 3.5 million gallons of water per month on average, who are not included in the industrial/manufacturing designation.

4.

Single family residential service: Service to a customer supplied for residential purposes in a single-family dwelling, duplex, mobile home, or quasi-residential uses as defined above.

5.

Multifamily residential service: Service to a customer supplied for residential purposes in a master metered building with three or more dwelling units.

6.

Private fire protection service: Service to customers supplied for fire protection of specific facilities.

"Service connection" means the point of connection of the customer's piping with the city's facilities (i.e., meter or service pipe).

"Service pipe/lateral" means the connection between the city's mains and the service connection, including all of the pipe, fittings, and valves necessary to make the connection.

"Tapping fee" means the calculated average cost incurred by Carson City in making the physical connection between the customer's service line and the water system, including both direct and indirect costs.

"Temporary service" means service to premises where it is known in advance that the service will be of limited duration.

"Total WERCs" means a value calculated by dividing the average daily total water consumption by the WERC quantity of four hundred twenty-five (425) gallons per day.

"Water equivalent residential customer (WERC)" means the average daily water usage of a residential unit and is based on a quantity of four hundred twenty-five (425) gallons per day.

"Yard line" means all piping between the building or structure and service connections.

(Ord. 2008-8 § 1, 2008: Ord. 1999-14 § 2, 1999: Ord. 1993-44 § 1, 1993: Ord. 1991-67 § 1, 1991: Ord. 1991-12 § 1, 1991: Ord. 1990-29 § 1, 1990: Ord. 1982-8 § 2 (part), 1982).

(Ord. No. 2013-25, § I, 9-19-2013; Ord. No. 2016-9, 6-16-2016)

The water rates charged to a customer who receives water service, or the fees charged to any person who uses a service provided by the city and which is described by this chapter, must be calculated in accordance with this chapter and in the manner established by the "Carson City Public Works Utility Rate Schedule" or "Rate Schedule," as may be amended, which is hereby adopted and incorporated by reference. A copy of the rate schedule is available, without charge, from the Department at 3505 Butti Way, Carson City, Nevada 89701, and on the Internet website of the city at https://www.carson.org/government/departments-g-z/public-works/divisions/utility-billing-water-sewer.

(Ord. No. 2020-15, § I, 12-3-2020)

1.

Rates for services furnished by the city water system must be based on the costs of financing, constructing, operating, maintaining, repairing and replacing the water system.

2.

The monthly rate for water service to a customer with single-family residential service, multifamily residential service, commercial service, industrial/manufacturing service or large commercial service must be computed by adding together:

a.

A base rate based on the size of the water meter that delivers water to the customer or based on the number of dwelling units for the customer receiving multifamily residential water service, as provided in Section 2.0(A) of the Rate Schedule; and

b.

A commodity rate based on a charge per one thousand (1,000) gallons that the customer uses in a billing period according to the customer's service classification, as provided in Section 2.0(B) of the Rate Schedule.

3.

Except as otherwise provided in this section, a customer who is allowed to receive water truck service by obtaining water from a hydrant or a standpipe must obtain a metering device from the Department and must be charged a rate that is computed by adding together:

a.

A monthly rate, as provided in Section 2.0(C) of the Rate Schedule; and

b.

A commodity rate based on a charge per one thousand (1,000) gallons that the customer uses in a billing period, as provided in Section 2.0(C) of the Rate Schedule.

4.

Except as otherwise provided in this section, a customer who requests fire flow information must be charged the rate for fire flow testing, as provided in section 2.0(D) of the Rate Schedule.

5.

Except as otherwise provided in this section, a customer who requests, or is required to obtain, a waterline hot tap performed by an employee of the city must be charged the rate provided in Section 2.0(E) of the Rate Schedule.

6.

Subsections 3., 4. and 5. do not apply to any department of the city.

(Ord. No. 2020-15, § II, 12-3-2020)

Editor's note— Ord. No. 2020-15, § II, adopted December 3, 2020, amended § 12.01.020 in its entirety to read as herein set out. Former § 12.01.020, pertained to schedule of rates, and derived from Ord. 2008-8 § 2, 2008; Ord. 2007-3 § 1, 2007; Ord. 2005-6 § 1, 2005; Ord. 2003-11 § 1, 2003; Ord. 1999-14, 1999; Ord. 1993-44 § 2, 1993; Ord. 1991-67 § 2, 1991; Ord. 1991-12 § 2, 1991; Ord. 1988-16 § 1, 1988; Ord. 1986-42 § 1, 1986; Ord. 1984-39 § 1, 1984; Ord. 1983-11 § 1, 1983; Ord. 1982-8 § 2 (part), 1982); Ord. No. 2009-9, § I, 6-18-2009; Ord. No. 2010-6, § I, 6-3-2010; Ord. No. 2011-12, § I, 9-1-2011; Ord. No. 2013-25, § I, 9-19-2013.

1.

A person who makes a connection to the city water system must pay:

a.

Except as otherwise provided in this section, for a connection to the city water system using a water meter less than one and one-half-inch, a connection fee based on the size of the water meter that delivers water to the customer, as provided in Section 2.0(F) of the Rate Schedule.

b.

Except as otherwise provided in this section, for a connection to the city water system using a water meter one and one-half-inch or larger, a connection fee calculated by multiplying the person's estimated maximum daily water use in gallons per minute or "GPM," as determined by the director, against the per GPM charge, as provided in Section 2.0(F) of the Rate Schedule.

c.

Except as otherwise provided in this section, for a connection to a multifamily residential service or for a development with a residential master metered building intended to receive multifamily residential service, a connection fee calculated by multiplying the number of dwelling units in the master metered building by the per unit fee, as provided in Section 2.0(F) of the Rate Schedule.

2.

The connection charges required by subsection 1. do not apply to the installation of private fire protection service if no other service is provided from, and no other connections are made to, the water line providing the private fire protection service.

3.

Except as otherwise provided in this chapter, any fee required to be paid by a person for connection to the city water system must be remitted in full before a building permit for construction may be issued.

4.

A person may obtain services for the installation of a service lateral, meter box set or water meter for the purpose of connecting to the city water system by:

a.

Requesting such services from the city; or

b.

Retaining such services from a person qualified and duly licensed in the State of Nevada and the city to perform the services.

5.

If a person requests that the city install a service lateral to:

a.

One (1) customer, the person must pay a fee based on the diameter of the service lateral, as provided in Section 2.0(G)(1) of the Rate Schedule.

b.

Two (2) customers using a dual pit setter connected to an adjacent and acceptable main waterline by a one-inch water line, the person must pay the fee provided in Section 2.0(G)(2) of the Rate Schedule, and must also pay the additional fee provided in Section 2.0(G)(2) of the Rate Schedule for each five-eights-inch water meter installed in the dual pit setter.

6.

Installation of a service lateral pursuant to subsection 5. will include all piping, connectors, trenching, backfill and resurfacing necessary to install the service lateral and to make a connection to an adjacent and acceptable main waterline. The city will also furnish, install and connect a water meter box or pit setter to the appropriate service lateral, or a dual pit setter if requested, and furnish and install a radio frequency water meter of the size ordered by the person requesting the service, or two water meters if requested for a dual pit setter.

7.

If a person elects to have a person other than a city employee install a service lateral to connect to the city water system, the city will not provide any services related to the progress or completion of the service lateral other than the furnishing and installing of a required water meter upon the request of the person. The customer must pay the applicable meter and meter set fee for the furnishing and installing of the required water meter by the city, as provided in Section 2.0(G)(3) of the Rate Schedule.

8.

Any connection to the city water system made by a person other than a city employee must be performed at the standard of care and by using the materials required by the most recent Carson City Code of Standard Specifications for Public Works Construction, which can be obtained free of charge upon request from the Carson City Community Development Department or from the city Internet website at: https://www.carson.org/government/departments-a-f/community-development/development-engineering-division/details-for-public-works-construction.

9.

The applicable meter and meter set fees described in this section apply towards one onsite visit by a city employee for the purpose of setting a meter. If one or more additional onsite visits are required as the result of a failure by a customer to complete all requirements of the permit for installation of the water service, the customer will be assessed a fee for each additional onsite visit, as provided in Section 2.0(G)(4) of the Rate Schedule. The fee for an additional onsite visit may be waived by the director if the customer provides sufficient proof of an extenuating circumstance excusing the failure of the customer.

10.

Except as otherwise provided in this chapter, any fee required to be paid by a person for service provided by the city to install a service lateral, meter box set or water meter must be remitted in full before the city will perform the service.

(Ord. No. 2020-15, § III, 12-3-2020)

Editor's note— Ord. No. 2020-15, § III, adopted December 3, 2020, amended § 12.01.030 in its entirety to read as herein set out. Former § 12.01.030, pertained to schedule of water connection charges, lateral and meter box sets, and meter set fees, and derived from Ord. 2008-8 § 3, 2008; Ord. 2007-3 § 2, 2007; Ord. 2005-6 § 2, 2005; Ord. 2003-11 § 2, 2003; Ord. 1997-61 § 1, 1997; Ord. 1997-52 § 1, 1997; Ord. 1996-12 § 1, 1996; Ord. 1994-60 § 1, 1994; Ord. 1993-44 § 3, 1993; Ord. 1991-12 § 3, 1991; Ord. 1990-27 § 1, 1990; Ord. 1988-16 § 2, 1988; Ord. 1986-42 § 2, 1986; Ord. 1982-8 § 2 (part), 1982); Ord. No. 2009-9, § II, 6-18-2009; Ord. No. 2009-23, § I, 10-1-2009; Ord. No. 2010-6, § II, 6-3-2010; Ord. No. 2011-12, § II, 9-1-2011; Ord. No. 2013-25, § I, 9-19-2013; Ord. No. 2016-9, 6-16-2016.

An applicant for a building permit, who has obtained a permit pursuant to Section 12.01.140, shall pay the water connection charge in effect on the date of application for a building permit. The total charge is to be fully paid prior to the issuance of any building permit for construction.

(Ord. 1991-12 § 4, 1991: Ord. 1988-27 § 1, 1988: Ord. 1987-5 § 1, 1987: Ord. 1982-8 § 2 (part), 1982).

(Ord. No. 2013-25, § I, 9-19-2013)

1.

When, after due inquiry and in the opinion of the public works director, a residential, commercial or industrial structure being served by a domestic well as defined by N.R.S. Chapter 534, is adversely affected by pumping from a city owned well, the director shall report to the board who shall hold a hearing on the matter at the next regularly scheduled meeting of the board. At the hearing, the board shall, in its discretion, decide whether to waive connection and tapping fees. The board shall consider among other relevant information, the size, age, depth, and mechanical soundness of the domestic well and its location to city wells. If, based upon all of the evidence presented, the board finds that the domestic well is being adversely affected by pumping from a city well, the board may authorize the waiver of connection and tapping fees.

2.

The board may also waive connection and tapping fees where Carson City would be benefited thereby. It is the intent of this section to authorize the board to waive connection and tapping fees as part of the consideration or total consideration given in a valid contract with another person. The board may grant such a waiver only after a public hearing on the matter and after a finding that the contract is beneficial to Carson City.

(Ord. 2008-8 § 4, 2008: Ord. 1993-44 § 4, 1993: Ord. 1982-8 § 2 (part), 1982).

Any person requesting establishment of water service and thereby requiring service to be turned on at the requested location, shall pay a fee of $20.00, which shall be included in the initial monthly service charge.

(Ord. 1983-13 § 1, 1983).

The Carson City water utility shall pay a right-of-way toll, to be charged to the water customer, to Carson City as follows:

1.

Commencing September 1, 2002, equal to 1 percent of the gross receipts derived by it from each water bill of a customer within Carson City during each calendar year; said payments shall be made on or before the 15th day of January, the 15th day of April, the 15th day of July, and the 15th day of October, and each such payment shall equal 1 percent of the aforesaid gross revenues obtained by the Carson City water utility, its successor or assigns, during 3 calendar months immediately next preceding the due date of each such payment.

(Ord. 2002-29 § 2, 2002).

The city shall bill the owner of the connected property for the payment of rates and charges specified in this chapter.

(Ord. 1983-13 § 3, 1983: Ord. 1982-8 § 2 (part), 1982).

1.

Bills for service will be rendered each customer on a monthly basis, unless otherwise approved by the board.

2.

Bills for metered service will show at least the reading of the meter at the end of the period for which the bill was rendered, the number of units, and the date of the current meter reading.

3.

If, for reasons beyond its control, the city is unable to read the customer's meter on the scheduled reading date, the city may bill the customer for estimated consumption during the billing period, subject to adjustment of the time the meter is next read thereafter.

4.

Water bills will be estimated if one or more of the following conditions exist:

A.

Severe weather;

B.

Deposits of heavy snow or ice;

C.

Vicious dog;

D.

Some unusual circumstance which makes it impossible to read the meter such as a vehicle parked over the meter box.

5.

Each meter on a customer's property will be considered separately and the readings of 2 or more meters will not be combined.

6.

The charges applicable to opening periods, closing bills and bills rendered for periods less than 27 days will be computed as follows:

A.

The amount of the monthly service charge will be prorated on the basis of the ratio of the number of days in the period to the number of days in an average billing period. The measured amount of water actually served will not be prorated.

B.

For the purposes of administering the provisions of this section, the number of days in an average billing period is defined as 30.

7.

Bills for service are due and payable upon presentation and payment may be made through the mails or presented in person to the Carson City treasurer's office. Payment of closing bills shall be made at the time of presentation.

(Ord. 1991-12 § 6, 1991: Ord. 1982-8 § 2 (part), 1982).

1.

If any customer shall be dissatisfied with any water charge imposed, he/she may file a written protest with the public works director setting forth his/her objections provided such protest is filed within 15 days of receipt of the bill being protested.

2.

Upon receipt of any such protest, the director shall, within 15 days, make a determination in writing as to the correctness of the bill. Should the director determine that the bill was incorrect, he/she may cause the corrections to be made.

3.

Reserved.

4.

If the protester is dissatisfied with the director's decision, he/she may appeal to the board of supervisors, provided such appeal is filed within 10 days of receipt of the director's decision.

5.

The board, upon receipt of a protest, shall fix a time and place for a hearing of said protest which shall not be later than 30 days after receipt of same and cause the protester to be notified thereof.

6.

Upon the hearing, the board may adjust the water charge if it is satisfied with the reasons and basis of the protest. Action taken on any protest shall be entered in the minutes of the board.

7.

The protester shall have 15 days after determination of the protest by the board within which to pay his/her water charge before any penalty or interest shall attach or be imposed, notwithstanding any other provision of this chapter concerning the imposition of penalty and interest charges.

8.

A customer may require the city to test the meter serving his property. The customer will be required to make a deposit with the city prior to the test being performed. Should the meter be found to be defective, the deposit shall be returned. If the meter is found to be accurate, in accordance with accepted American Water Works Association methods, the deposit shall be kept by the city.

9.

The customer or his representative may be present at the time of the test which shall be set at the time and date mutually agreed upon. In any case, the test shall be performed within 10 days of the request. A report showing the results of the test will be furnished within 15 days after completion of the test.

A.

Fast Meters. When upon test, any meter is found to be registering more than 2 percent fast, the city will refund to the customer the amount of the overcharge based on corrected meter readings for the period the meter was in use at the customer's premises, but not to exceed the preceding 6 months, whichever is shorter.

B.

Slow Meters. When upon test, a meter is found to be registering more than 2 percent slow, the city may bill the customer for the amount of the undercharge based on corrected meter readings for the period the meter was in use at the customer's premises, but not to exceed the preceding 6 months, whichever is shorter.

C.

Nonregistering Meters. When upon test, a meter is found to be nonregistering, the city may bill the customer for water consumed while the meter was nonregistering for a period not exceeding 3 months at an estimate of the consumption based upon the customer's prior use during the same season of the year or upon another customer of the same class. In all cases, if it is found that the error in a meter is due to some cause, the date of which can be fixed, the overcharge or undercharge will be computed back to but not beyond such date.

(Ord. 2008-8 § 5, 2008: Ord. 1997-36 § 1, 1997: Ord. 1993-44 § 6, 1993: Ord. 1991-12 § 7, 1991: Ord. 1982-8 § 2 (part), 1982).

(Ord. No. 2013-25, § I, 9-19-2013)

1.

Any bill not paid within 21 days of issuance is delinquent.

2.

A penalty charge of 2.5 percent shall be imposed on past-due bills for each 27 days that the bill is unpaid.

3.

A property owner of record may, by so specifying on a form provided by the treasurer, request water service be disconnected when the bill for that property becomes 54 days past due. The city treasurer shall send a written notice that the water has been disconnected to the owner of record of the property.

4.

Partial payments shall be applied to the oldest outstanding charges, and remaining arrearages shall continue to accrue time and penalties.

5.

For a customer in a non-pay turn-off status, the Carson City treasurer shall have the option, at his discretion, to enter into a will-pay agreement for a period of not more than 4 weeks from inception of the agreement. The cost to the customer for entering into a will-pay agreement shall be 2.5 percent of the total unpaid balance and is to be paid at the time the agreement is entered into. Failure to honor a will-pay agreement will result in service being disconnected without further notice.

(Ord. 2003-19 § 2 (part), 2003: Ord. 1997-11 § 1, 1997: Ord. 1983-13 § 4, 1983: Ord. 1982-8 § 2 (part), 1982).

1.

Pursuant to NRS 244.36605, delinquent charges for water may be placed on the tax roll, or collected with the property taxes due on mobile or manufactured homes that do not meet the requirements of NRS 361.244, in the same manner, by the same persons, and at the same time as, together with and not separately from, Carson City's general taxes. The late payment penalty charges will cease when the amount due is transferred to the tax receiver for collection.

2.

The public works department shall cause a description of each lot or parcel of real property or each mobile or manufactured home with respect to which the charges are delinquent on May 1st and the amount of the delinquent charge to be prepared and submitted to the tax receiver of the county, in a form approved by the tax receiver, no later than June 1st.

3.

The amount of any such delinquent charge constitutes a lien against the lot or parcel of land or mobile or manufactured home against which the charge has been imposed as of the time when the lien of taxes on the roll or on mobile or manufactured homes attach.

4.

Except as otherwise provided in subsection 6, the tax receiver of the county shall include the amount of the delinquent charges on bills for taxes levied against the respective lots and parcels of land or mobile or manufactured homes, as applicable. Thereafter the amount of the delinquent charges must be collected at the same time and in the same manner and by the same persons as, together with and not separately from, the general taxes for the county.

5.

All laws applicable to the levy, collection and enforcement of general taxes of the county, including, but not limited to, those pertaining to the matters of delinquency, correction, cancellation, refund, redemption and sale, are applicable to delinquent charges for water services that are authorized by this section.

6.

The tax receiver of the county may issue separate bills for delinquent charges that are collected in the manner authorized by this section and separate receipts for collection on account of those charges.

(Ord. 2008-8 § 6, 2008: Ord. 2003-19 § 2 (part), 2003).

The Carson City board of supervisors finds that a severe water shortage exists within Carson City due to the fact of population growth and the fact that only a specified amount of water can be withdrawn from Eagle Valley. Therefore, pursuant to the police power vested in Carson City, the following sections are hereby enacted: 12.01.120 and 12.01.130.

(Ord. 1982-8 § 2 (part), 1982).

It is unlawful for anyone connected to the city water system to waste water. For the purpose of this section, "waste" means any excessive usage which causes water to run into or along any street, alley, storm drainage system, or into or upon another's property; provided nothing in this section shall be construed as to apply to the accidental breaking of any hose, water pipe, or other irrigation device unless same is not abated within 2 hours after personal notice of such break is given the person owning, controlling or maintaining the same or having any pecuniary interest therein. If such breaks are not repaired or the water turned off within the specified time, it shall be the duty of the utilities director or his/her designee to cause the water to be shut off, and it is unlawful for any person to again turn on such water until proper repairs have been made. If personal notice is unable to be given, the water shall be immediately shut off by the public works director or his/her designee and a notice shall be placed on the front door stating the reason(s) for said shutoff. Each and every request for the water to be turned on will require the payment of $25.00 which the city will add to the monthly bill.

Exception: Car washing by civic or philanthropic groups may receive written approval from the public works director or his/her designee when it is determined that said usage will not be detrimental to the city's water situation.

(Ord. 2008-8 § 7, 2008: Ord. 1999-14 § 5, 1999: Ord. 1991-12 § 8, 1991: Ord. 1987-18 § 1, 1987: Ord. 1982-8 § 2 (part), 1982).

1.

From June 1st to October 1st of each year it is unlawful for any person to use water from public mains for the purpose of irrigating, regardless of method, lawns, gardens, trees, grass, shrubbery or other vegetation from ten a.m. to six p.m. or on any Monday. The board of supervisors may, by resolution, set a different length of limitation period and hours for restricted watering should circumstances so dictate. For the purposes of this section, a calendar day is defined as a 24 hour period, beginning at 12:01 a.m. and ending at midnight. Additionally, the following restrictions apply:

A.

The irrigation of lawns, gardens, trees, grass, shrubbery or other vegetation located on premises having an odd-numbered address shall be limited to Tuesday, Thursday and Saturday effective June 1, 2005;

B.

The irrigation of lawns, gardens, trees, grass, shrubbery or other vegetation located on premises having an even-numbered address shall be limited to Sunday, Wednesday and Friday effective June 1, 2005;

C.

If unlawful irrigation is observed as noted under this section, and personal notification cannot be made, the utilities director or his/her designee may cause the water to be shut off and a notice shall be placed on the front door stating the reason for said shutoff.

2.

Exempted from this section are the following:

A.

Carson City licensed commercial gardeners or caretakers who are on the premises at the time watering is taking place;

B.

Vegetable gardens, flower beds, trees within 2 months of planting;

C.

New lawns, for 21 days from planting or installation date, that have been planted or sodded prior to June 15th or after August 15th;

D.

Complexes that file for and receive approval of an irrigation plan.

E.

Residential customers adjusting and repairing their irrigation system during the non-watering times for a not to exceed time frame of 1 hour.

3.

Special exemptions from this section may be granted by the public works director or his/her designee subject to filing an appropriate application and the determination that the special request shall not be detrimental to the city's water situation.

(Ord. 2008-8 § 8, 2008: Ord. 2004-16 § 1, 2004: Ord. 1999-14 § 6, 1999: Ord. 1993-44 § 8, 1993: Ord. 1991-12 § 9, 1991: Ord. 1990-9 § 1, 1990: Ord. 1988-8 § 1, 1988: Ord. 1987-18 § 2, 1987: Ord. 1982-8 § 2 (part), 1982).

1.

Connection. Connection to the city's water system shall only be made after payment of the proper connection charge and the issuance of the appropriate permits by the city.

2.

Construction.

A.

No person, other than employees of the department, or persons contracting to do work for the city, shall construct or cause to be constructed, or alter or cause to be altered, any public main, service connection, service piping, water pumping facility, or surface water diversion structure of the city's or other water facility within the city which would allow connection to the city's facilities without first obtaining approval of water construction plans from the department and obtaining a construction permit therefor.

B.

The applicant shall submit to the department for approval construction plans and such specifications and other details as required to describe fully the proposed construction. The department may require that the plans shall have been prepared under the supervision of and shall be signed by an engineer of suitable training registered in the state of Nevada.

C.

Plans for construction shall not be approved by the department for any facility which would constitute a cross-connection.

D.

Approval of plans for water construction shall expire one year after the date of approval unless construction has been initiated.

E.

Permits for construction can only be issued to persons properly licensed by the state of Nevada and Carson City to perform the type of work contemplated and, in the opinion of the director, the applicant has had sufficient experience to satisfactorily do the work.

F.

All construction shall be done in accordance with the Carson City Code of Standard Specifications for Public Works Construction.

(Ord. 1999-14 § 7, 1999: Ord. 1991-12 § 10, 1991: Ord. 1932-8 § 2 (part), 1982).

1.

No permit for water service shall be issued for a parcel of land unless and until application has been made for a building permit for construction upon the same parcel. Exception: Notwithstanding the above, the director may issue a permit for the installation of a water meter prior to an application for a building permit, for good cause appearing such as to service agricultural or horticultural uses.

2.

In the event a building permit is revoked or expired for any reason prior to the completion of the structure described in the building permit, the water connection shall be void and of no effect. Upon application of the permittee, the department shall refund all fees paid for the water connection subject to the current conditions imposed under the growth management regulations for Carson City.

(Ord. 1991-12 § 11, 1991: Ord. 1982-8 § 2 (part), 1982).

1.

Quantities. The city will supply water at the customer's service connection line, dependably and safely in adequate quantities to meet the reasonable needs and requirements of the customer except that in no event should flowing pressures at the city's distribution main, under normal conditions, fall under 25 pounds per square inch gauge nor should the static pressure exceed 125 pounds per square inch gauge. However, during the period of hourly maximum demand at the time of peak seasonal load, the flowing pressure may not be less than 20 pounds per square inch gauge and the static pressure may not be more than 150 pounds per square inch gauge.

2.

Quality. The city will provide water that conforms to applicable state and federal regulations established for the particular use.

3.

Area Served. The city will provide water service to Carson City and other areas as authorized and approved by the board. The board may contract to serve other areas outside of Carson City from time to time and establish rates therefore, which rates shall not be less than the rates charged to Carson City customers.

(Ord. 2008-8 § 9, 2008: Ord. 1982-8 § 2 (part), 1982).

The application is merely a written request for service and does not bind the applicant to take service for a period longer than that upon which the monthly service charge is based; neither does it bind the city to serve except under reasonable conditions.

1.

Each applicant for service shall be required to sign, on a form provided by the city, an application which shall set forth:

A.

Date of application;

B.

Name and social security number of applicant;

C.

Location of premises to be served;

D.

Size and location of water service;

E.

Date applicant will be ready for service;

F.

Whether the premises have been heretofore supplied with water by the city or its predecessors;

G.

Purposes for which water service is to be used, including the number of dwelling units, if any, being served;

H.

Address to which bills are to be mailed or delivered;

I.

Whether the applicant is the owner or agent for the premises and if agent, the name of the property owner;

J.

Such information as the city may reasonably require;

K.

The application or the depositing of any sum of money by the applicant shall not require the city to render service until the expiration of such time as may be reasonably required by the city to determine if the applicant has complied with this chapter and as may be reasonably required to install the required service facilities.

2.

2 or more parties who join in one application for service shall be jointly and severally liable for payment of bills and shall be billed by means of single periodic bills.

3.

A customer making any material change in the size, character or extent of the equipment or operations for which the city's service is utilized shall immediately file a new application for additional service. A change in a customer's service which requires the installation of a different or additional meter, when made at the customer's request, shall be made by the city at the customer's expense.

(Ord. 2008-8 § 10, 2008: Ord. 1999-14 § 8, 1999: Ord. 1982-8 § 2 (part), 1982).

Notice to a customer will normally be in writing and will be delivered or mailed to the customer's last known address. In emergencies, or when circumstances warrant, the city will endeavor to promptly notify the customer affected and may make such notification orally, either in person or by telephone. A customer may make notification in writing to the city at its billing office or at the department of public works.

(Ord. 2008-8 § 11, 2008: Ord. 1993-44 § 9, 1993: Ord. 1982-8 § 2 (part), 1982).

1.

Discontinuance of Service by Customer.

A.

To discontinue billing:

(1)

A customer may have service discontinued by giving not less than 5 days' advance notice thereof to the city. Charges for service shall continue until the requested date of discontinuance or such later date as will provide not less than the required 5 days' advance notice.

(2)

When such notice is not given, the customer may be required to pay for service until 5 days after the city has knowledge that the customer has vacated the premises or has otherwise discontinued water service.

B.

To temporarily discontinue service: A customer may have service temporarily discontinued for nonemergency reasons such as to accomplish changes in yard lines or the customer's plumbing system. A minimum 24 hour advance notice will be required to schedule temporary discontinuance of service.

C.

To discontinue service in an emergency: A customer may have service temporarily discontinued for an emergency, such as a leak or burst pipe. The city will make every effort to shut off and/or restore service as quickly as possible after receiving customer notification.

Each and every request for reinstatement of service will require the payment of $25.00 which the city will add to the monthly bill.

2.

Discontinuance of Service by City.

A.

Noncompliance with Chapter. The city may discontinue service to any customer for violation of this chapter after it has given the customer at least 5 days' written notice of such intention. Where the safety of water supply is endangered, service may be discontinued immediately without notice.

B.

Waste of Water. Where negligent or wasteful use of water exists on or from a customer's premises, the city may discontinue the service if such practices are not remedied within 5 days after it has given the customer written notice to such effect.

C.

Unsafe Apparatus or Where Service is Detrimental to the City or its Customers. If any unsafe or hazardous condition is found to exist on the customer's premises, or if the use of water thereon by apparatus, appliances, equipment or otherwise is found to be detrimental or damaging to the city or its customers, the service may be discontinued without notice. The city will notify the customer immediately of the reasons for the discontinuance and the corrective action to be taken by the customer before service can be restored.

D.

Fraudulent Use of Service. When the city has discovered that a customer has obtained service by fraudulent means, or has diverted the water service for unauthorized use, the service to that customer may be discontinued without notice. The city will not restore service to such customer until that customer has complied with all ordinances and reasonable requirements of the city and the city has been reimbursed for the full amount of the service rendered and the actual cost to the city incurred by reason of the fraudulent use.

3.

Restoration of Service.

A.

Reconnection Charge. Where service has been discontinued for violation of this chapter or for nonpayment of bills, the city shall charge $25.00 for reconnection of service during regular working hours, or $25.00 plus the actual cost incurred by the city for reconnection of service at other than regular working hours when the customer has requested that the reconnection be made at other than working hours. For restoration of service that has been discontinued for reasons other than those detailed above, the restoration charge shall be $25.00 for reconnection made during regular working hours, or $25.00 plus the actual cost incurred by the city for reconnection of service at other than regular working hours. (For emergencies see Section 12.01.190(1)(C).)

B.

To Be Made During Regular Working Hours. The city will endeavor to make reconnections during regular working hours on the day of the request, if conditions permit; otherwise, reconnections will be made on the regular working day following the day the request is made.

C.

To Be Made At Other Than Regular Working Hours. When a customer has requested that the reconnection be made at other than regular working hours, the city will reasonably endeavor to so make the reconnection if practicable under the circumstances but will be under no obligation to do so, unless an emergency exists.

4.

Refusal To Serve.

A.

Conditions for Refusal. The city may refuse to serve an applicant for service under any of the following conditions:

(1)

If the applicant fails to comply with this chapter.

(2)

If the intended use of the service is of such a nature that it will be detrimental or injurious to existing customers.

(3)

If, in the judgment of the city, the applicant's installation for utilizing the service is unsafe or hazardous or subject to freezing, or of such a nature that satisfactory service cannot be rendered.

(4)

Where service has been discontinued for fraudulent use, the city will not serve an applicant until it is determined that all conditions of fraudulent use or practice have been discontinued.

B.

Notice to Customers. When an applicant has been refused service under the provisions of this section, the city will notify the applicant promptly of the reason for the refusal to serve and of the right of the applicant to appeal the decision to the board.

(Ord. 1991-12 § 12, 1991: Ord. 1982-8 § 2 (part), 1982).

1.

Emergency Interruptions.

A.

The city will make reasonable efforts to prevent interruptions to service and when such interruptions occur will endeavor to reestablish service without unreasonable delay consistent with the safety to its customers and the general public.

B.

The city will not be liable for interruptions or shortage or insufficiency of supply or any loss or damage of any kind or character occasioned thereby, if same is caused by act of God, fire, strike, riot, war, accident, breakdown, action by governmental agency or other cause beyond the control of the city.

2.

Scheduled Interruptions. Whenever the city finds it necessary to schedule an interruption to its service, it will, within 24 hours, where feasible, notify all customers to be affected by the interruption, stating the approximate time and anticipated duration of the interruption. Scheduled interruptions will be made at such hours as will provide the least inconvenience to the customers consistent with reasonable city operations.

3.

Apportionment of Supply During Times of Shortage. During time of threatened or actual water shortage, the city will apportion its available water supply among its customers as directed by the board. In any event, it will apportion the supply in the manner that appears most equitable under the circumstances then prevailing, and with due regard to public health and safety.

(Ord. 1982-8 § 2 (part), 1982).

1.

General Requirement. Water main lines shall be extended by the applicant from the city's existing system to the proposed place of water use if:

A.

Adequate fire protection can only be provided by connection to the city system, in the judgment of the city; or

B.

The proposed place of use is an industrial or commercial type of development that is within 400 feet of the existing water system. Industrial or commercial developments utilizing over 4.0 water equivalent residential customer (WERC) values shall extend the water main a distance equal to the WERC value times 100 feet, but shall not be required to extend beyond the property line(s) farthest from the existing main, unless fire flow or pressure requirements require looping of the system; or

C.

The proposed place(s) of residential use is (are) within the following distance(s) from the existing water system:

(1)

A residential development utilizing from 0.5 to 4.0 water equivalent residential customer (WERC) values within 400 feet of an existing water main; or

(2)

Residential developments utilizing over 4.0 WERCs shall extend the water main a distance equal to the WERC value times 100 feet, but shall not be required to extend beyond the property line(s) farthest from the existing main, unless fire flow or pressure requirements require looping of the system.

D.

An industrial, commercial or residential development shall extend the main(s) the full frontage of the parcel such that the extension shall be along the full frontage of the parcel when only a portion of the property is currently served by existing mains.

2.

Location. Wherever possible, the line shall be located in paved streets within public rights-of-way and as directed by the city. Where it is not possible to locate the line in a public right-of-way, the applicant shall provide all necessary easements for the proper operation and maintenance of the line. The location and dimensions of such easements shall be as determined by the city. Easements for mains shall be a minimum of 20 feet unless otherwise approved; an all weather maintenance road may be required by the public works director or designee for the purpose of maintenance and operation access. A minimum road width of 8 feet with 4 inches compacted aggregate base is required.

3.

Size. The size of the line shall be as determined by the city but in no case shall the line be less than that necessary to provide adequate fire protection for the property being served. At the option of the city, the applicant may be required to have his proposal analyzed to determine system capability to provide such fire protection. Any costs for such analysis shall be borne by the applicant. In any case, the minimum water main size shall be no less than 6 inches in diameter. Mains shall be replaced along the full frontage of a parcel to be developed when existing mains do not meet the minimum size.

4.

System Capability. Water mains shall be extended to serve a parcel when it is determined by the public works director or designee that the existing system does not have sufficient capacity to properly serve the proposed development. The public works department will identify possible locations of insufficient capacity to be addressed by the developer's engineer. The developer will be responsible for main extensions when the design capacity of existing mains is less than that required to serve a development. Mains shall be extended when existing mains are physically inaccessible to maintenance crews and equipment, as determined by the public works director or designee. Water mains shall be analyzed by the applicant to determine system capability to provide adequate flows with the analysis and calculations provided to the public works department for review and approval. Water mains shall be designed to deliver a minimum of 60 psi at the meter during peak demand periods and to provide adequate fire flow as required by the fire department. If project is an infill development where the existing system is incapable of providing 60 psi, the public works director may waive the existing requirements. Developments having a significant impact on the city water system as determined by the public works director or designee shall provide an update of the city water model at the expense of the applicant. Mains and services shall be replaced along the full frontage of the parcel to be developed when it is determined by the public works director or designee that existing mains and services do not meet the minimum fire flow or capacity requirements or are in a deteriorated condition and require replacement. Mains in a deteriorated condition shall be replaced by the developer at the expense of the public works department. Deteriorated services shall be replaced at the expense of the developer. Where an analysis of the system shows that existing portions of the system are not capable of providing adequate flow or storage, the applicant may be required to correct the deficiencies as part of the main line extension.

5.

Participation. The applicant shall be responsible for the construction of the waterline system (or the waterline system costs) along any of the property sides or frontage of the property along which a waterline is needed for the overall completeness and continuity of the city's water main system. The applicant shall also be responsible for the necessary and required system of waterlines within the interior of the tract of land.

The applicant shall construct all needed waterlines (of approved sizes) within and along all sides or frontages of any piece of property prior to final approval of the development and/or the issuance of any certificate of occupancy. "Phased" construction of the waterline system may also be specifically allowed if provided for in a development agreement between the applicant and the city. In lieu of actually constructing said required waterline system, the applicant shall obtain a bond in a form acceptable to the city to fully cover 150 percent of the estimated cost of the waterline system. The applicant may also present a cash deposit, letter of credit, or similar method of financing the costs, but in the event the estimated costs shall be based upon 150 percent of city's cost of construction which would include statutorily required wage rates.

Whenever an applicant is required to construct a waterline from the applicant's respective property to the nearest waterline outside of the applicant's respective property, and where, in the opinion of the utilities director it is necessary that a waterline be constructed of a larger size than the minimum size needed to serve such property and that such extended waterline will be or can be used in the transmission of water from adjacent properties, the public works director shall require the applicant to construct the larger size waterline in accordance with the plans and specifications as submitted and approved by the director. Should the city require an oversized waterline the city will reimburse the applicant for the costs of the additional waterline size as long as said line is greater than 8 inches in diameter, as set forth in a waterline extension agreement or a development agreement. The applicant shall be responsible for the costs of the size of main required to serve the property or an 8-inch main, whichever is greater.

When the city agrees to pay for an increase in waterline size, at least 3 proposals, signed and prepared by a contractor, shall be required which show the comparable cost of the incremental increase requested by the city. The city shall select the proposal most beneficial to it. In no event shall city pay more than the lowest proposal presented. Prior to construction, the applicant shall submit 3 bids from qualified contractors attached to the application for participation, unless due to extraordinary circumstances 3 bids are not available due to specialized construction. The bids shall be itemized and include cost differentials for all items to be included in the participation. The city shall participate in the amount of the bid most beneficial to the city. The city reserves the right to reject the bids if the cost differentials exceed prices paid by the city on similar installations. Failure to provide the itemized bids will exempt the installation from participation.

6.

Extension. If the applicant must extend the waterline system through another's property or along the frontages of various intermediate property owners, and if said properties are not currently served by the city's water system, then said intermediate and benefiting property owners shall be responsible when development commences or connection is made for a pro rata share of the costs of the waterline extension.

When the applicant is required to extend a waterline, he shall "front-end" the entire cost of the waterline construction and shall be responsible for the actual construction of said waterline. Any owners of properties to be served by the extended waterline will thereafter be responsible for reimbursing the first property owner for a pro rata share of the costs of the waterline system at the time said subsequent owners begin to plat, parcel, develop or build upon their parcels.

The pro rata shares for the applicant and all subsequent owners benefited by the extended waterline shall be determined prior to the city entering into the reimbursement agreement. The city shall collect a 15 percent administrative fee from the applicant who front-ended the waterline construction upon reimbursement by deducting the 15 percent administrative fee from the subsequent owners pro rata share prior to reimbursement to the applicant by the city.

The reimbursement agreement shall become null and void 10 years from the date of board of supervisors' approval.

In no event shall any owners of property to be served by such extended waterlines be permitted to connect thereto without first paying to the applicant or the city the pro rata share of the costs described above as well as all other fees required by the city.

The applicant shall submit 3 bids prior to construction from qualified contractors attached to the application for reimbursement unless due to extraordinary circumstances 3 bids are not available due to specialized construction. The bids shall be itemized and include costs for all items to be installed (i.e., pipe, valves, hydrants, manholes, etc.). Failure to provide the itemized bids will exempt the installation from reimbursement. Construction costs eligible for reimbursement are limited to engineering, contractor's bid, construction staking by an engineer or surveyor, permit, inspection and testing fees. The applicant's administration costs are not eligible for reimbursement. Upon approval of a reimbursement agreement by the board of supervisors, the agreement will be administered by the public works department.

Single-family homes on property zoned single-family and existing at the time of application for a reimbursement agreement shall be exempt from the provisions of the agreement. When an existing single-family home is on a parcel which has adequate area to be divided per the current zoning or master plan designation of the parcel, the area which could be divided for new development will be required to be included in the reimbursement agreement.

The area of parcels not currently adjacent to a main shall be utilized to determine percentage of reimbursement required.

7.

Any facilities installed pursuant to this section become the property of the city upon inspection and approval of the city.

8.

In the event that provisions of this chapter require the owner to extend the city water main, then the water main(s) shall be extended the entire frontage(s) of the parcel unless engineering analysis determines it is physically impossible to do so or it is determined by the utilities department that further extension of the main beyond the parcel can never occur or it is not necessary for continuity of the system, or the extension of the main is to accommodate a failed well. In such cases, extension will be determined by the utilities director or designee.

Construction of a single-family residence on a parcel not associated with a subdivision, PUD or parcel map development and currently served by an existing main will not require extension of the main(s).

Construction of a single-family residence on a corner lot not associated with a subdivision, PUD or parcel map development will require extension along one (1) street frontage only.

(Ord. 2008-8 § 12, 2008: Ord. 1995-36 § 2, 1995: Ord. 1993-44 § 10, 1993: Ord. 1988-6 § 1, 1988: Ord. 1986-24 § 1, 1986: Ord. 1982-8 § 2 (part), 1982).

1.

Fire protection service will be installed at the expense of the applicant. Fire hydrants and private and public fire protection facilities will be installed to the requirements of the city. Facilities will be maintained at the expense of the customer, except that public fire hydrants will be maintained by the city. Where, in the judgment of the city, fire protection facilities installed by the customer benefit other existing customers, the city may participate in the cost of the facilities to the extent of the benefit.

2.

The water utility division will flow test existing fire hydrants upon application and payment of the fee specified in Section 12.01.020 at the water utility division.

(Ord. 1999-14 § 9, 1999: Ord. 1991-67 § 3, 1991: Ord. 1991-12 § 13, 1991: Ord. 1982-8 § 2 (part), 1982).

The city will, if no undue hardship to its existing customers will result there- from, furnish temporary service under the following conditions:

1.

The applicant will be required to pay to the city, in advance, the estimated net cost of installing and removing facilities necessary to furnish the service.

2.

Where the duration of service is to exceed 1 month, the applicant may also be required to establish his credit in the manner prescribed.

(Ord. 1982-8 § 2 (part), 1982).

1.

Service Connections. The city will install a service connection of suitable capacity, from its reasonably adjacent water main to a point to be determined by the city, between the existing or proposed curb line and the property line of the premises abutting upon a street or other thoroughfare, to serve a justified need of a permanent customer. The customer shall pay the established cost as detailed in this chapter. Only duly authorized employees or agents of the city will be permitted to install a service connection.

2.

Meters. The city will install 1 meter incident to its furnishing water service to the customer's premises, except in instances where the city deems that its operating convenience and necessity dictate the installation of 2 or more meters. Under such circumstances, the city will bear the expense of the installation of additional meters. Where the installation of additional meters is requested by the customer for the customer's convenience or necessity, the customer shall bear the expense of installing such meters. In addition, where the installation of additional meters, at the customer's request, is to provide additional capacity, the customer shall pay the appropriate connection charge.

3.

The service connections, meters, and other facilities furnished by the city and located wholly or partially upon a customer's premises are the property of the city, which has the right to repair, replace and remove them upon discontinuance of service. A 2 foot clear zone in all directions from the outside edge of the meter box(es) shall remain free of obstructions.

4.

The city will not be responsible for the installation and maintenance of the water lines beyond the end of the city's service connection or meter.

5.

The city shall have at all reasonable times the right to ingress to and egress from the customer's premises for any purpose properly connected with the service of water to the customer.

6.

The city shall not be responsible for any loss or damage caused by any negligence or wrongful act of a customer or his authorized representative in installing, maintaining, operating or using any or all appliances, facilities, or equipment for which water service is supplied. The customer will be held responsible for damage to the city's facilities and other property resulting from the use and operation of appliances and facilities on customer's premises, including damage caused by steam, hot water, chemicals, etc.

(Ord. 1997-36 § 2, 1997: 1991-52 § 1, 1991: Ord. 1991-12 § 14, 1991: Ord. 1982-8 § 2 (part), 1982).

In special cases where extension of city's mains to a point adjacent to customer's premises is not feasible, in the opinion of the city, the customer may lay service pipe, at his own expense, from point of use to point where tap can be made directly to the city's then-existing main. In some cases, the city shall be obligated to maintain reasonable pressure and flow at the point of connection to its main only, and the customer shall assume all responsibility and cost for maintenance, operation and replacement of his service line and the pressure and flow therein. If additional facilities, including but not limited to a booster pump, should be required in customer's service, above the pressure delivered normally by the city at the point of connection of the customer's line to the city's main, the customer shall provide, operate, maintain and replace such facilities, all at his own expense. The city shall at no time in the future be required to lay additional main beyond the original point of delivery to supply water to said customer or others supplied through said customer's service. The original customer shall pay all charges for water delivered through his service, at point of connection to the main, whether to his own premises or those of others which may be connected to such service.

(Ord. 1982-8 § 2 (part), 1982).

1.

Number of Services to Separate Premises. Separate premises under single control or management will be supplied through separate individual service pipes and meters unless the city elects otherwise.

2.

Service to Multiple Units on Same Premises. Separate houses, buildings, living or business quarters on the same premises or on adjoining premises, under a single control or management will be served through separate service pipes and meters to each or any unit and the piping system from each service will be independent of the others, and not interconnected.

3.

Resale of Water. Except by special agreement with the city, no customer shall resell any of the water received from the city, nor shall such water be delivered to premises other than those specified in such customer's application for service.

(Ord. 1982-8 § 2 (part), 1982).

Any person who violates any of the provisions of Sections 12.01.120, 12.01.130, 12.01.140 or 12.01.240 shall be punished as follows:

As a condition of service:

1.

For the first offense, issuance of a verbal warning;

2.

For the second offense, issuance of a written warning;

3.

For the third offense, a fee assessment of fifty dollars ($50.00);

4.

For the fourth offense, a fee assessment of one hundred dollars ($100.00);

5.

For the fifth offense and subsequent offenses, issuance of a misdemeanor citation with punishment as provided for misdemeanor offenses as stated in Section 1.08.010.

Fee assessments shall be added to the responsible party's monthly utility bill. Responsible parties shall be notified of the fee assessment through certified mail within seven (7) days of the observed violation. Protests shall be handled as provided for in Section 12.01.120.

The Carson City sheriff's office, the Carson City department of public works and the Carson City fire department shall be responsible for enforcing the provisions of Sections 12.01.120, 12.01.130, 12.01.140, 12.01.240 and 12.01.270. In any prosecution charging a waste of water as set forth in Section 12.01.120 or any amendment thereof, the waste of water, together with proof that such waste originated at any residence or place of business, shall constitute in evidence as prima facie presumption that the owner or occupant for the time being of such residence or place of business was responsible for such waste.

(Ord. 2005-12 § 1, 2005: Ord. 1993-44 § 11, 1993: Ord. 1991-12 § 15, 1991: Ord. 1987-18 § 3, 1987: Ord. 1982-8 § 2 (part), 1982).

A.

The Carson City board of supervisors by this chapter creates a city-wide water district to be known as the Carson City Water District.

B.

The Carson City Water District is created pursuant to AB 153, Section 10, subsection 5. (AB 153 will be known as Chapter 621 of the Statutes of Nevada.)

C.

The purpose of the Carson City Water District is to plan, construct, maintain and operate waterworks and to obtain water and water rights for the benefit of the district.

(Ord. 1991-3 § 1 (part), 1991).

The boundaries of the Carson City Water District are the boundaries of Carson City, Nevada, as defined in Carson City Charter Section 1.030.

(Ord. 1991-3 § 1 (part), 1991).

A.

The Carson City board of supervisors shall be the ex-officio board of directors which shall govern the Carson City Water District.

B.

The mayor of the board of supervisors shall be the ex-officio chairman of the board of directors for the Carson City Water District.

C.

The Carson City clerk-recorder shall function as the ex-officio clerk of the Carson City Water District.

D.

The Carson City treasurer shall be the ex-officio treasurer for the Carson City Water District.

E.

The Carson City district attorney shall be the ex officio attorney for the Carson City Water District.

F.

The Carson City controller shall be the ex-officio controller for the Carson City Water District.

G.

The board of directors of the Carson City Water District shall have all those powers enumerated in AB 153 Section 10, subsection 5, including the power to levy taxes to allow the district to plan, construct, maintain and operate waterworks and to obtain water and water rights for the benefit of the district.

(Ord. 1991-3 § 1 (part), 1991).

Upon the effective date of the ordinance codified in this chapter, the board of directors for the Carson City Water District may adopt bylaws which set forth the rules and regulations and authorities which the board of directors for the Carson City Water District may exercise.

(Ord. 1991-3 § 1 (part), 1991).

The Carson City Water District may enter into cooperative agreements with Carson City for the purpose of having the city's water utility provide for the management of waterworks constructed or water resources acquired by the Carson City Water District.

(Ord. 1991-3 § 1 (part), 1991).

The ad valorem tax levied pursuant to this chapter shall only be used for planning, constructing, maintaining and operating waterworks and to obtain water and water rights for the benefit of the district. The amount and duration of the levy of ad valorem taxes shall be directly related to the cost of planning, constructing, maintaining and operating waterworks and to obtain water and water rights.

(Ord. 1991-3 § 1 (part), 1991).

The tax levied pursuant to this chapter shall be collected in the same manner as other taxes ad valorem collected by Carson City.

(Ord. 1991-3 § 1 (part), 1991).

The tax levied pursuant to this chapter shall not be used to subsidize the revenues provided to the Carson City water utility pursuant to CCMC Chapter 12.01 nor shall the tax levied pursuant to this chapter be used to defray the costs of the Carson City water utility.

(Ord. 1991-3 § 1 (part), 1991).

Should any section, sentence, clause, phrase or word of this chapter be declared unconstitutional or invalid by a court of competent jurisdiction, the remainder of this chapter shall not be affected thereby.

(Ord. 1991-3 § 1 (part), 1991).

As used in this chapter, unless the context otherwise requires:

1.

"Biochemical oxygen demand" or "BODs" means the quantity of oxygen utilized in the biochemical oxidation of organic matter under standard laboratory procedure in five (5) days at twenty (20) degrees centigrade, expressed in milligrams per liter.

2.

"Building permit" means the written authorization issued by the city which authorizes the initiation of construction of structures or the connection of any building, mobilehome structure or vehicle with the city sewer system.

3.

"Commercial" or "commercial enterprise" means any establishment or business operating for profit, whether or not a profit is in fact realized, except as modified by this section.

4.

"Commercial service" means service provided to a customer who is engaged in selling, warehousing or distributing a commodity in relation to a business activity or a profession, or in relation to an economic or social activity, including, without limitation, the operation of an office, store, club, motel, hotel, boardinghouse, church or septage hauler, or for a governmental activity or for services provided to a builder or developer during the construction phase of any structure, and for other purposes that are not within the scope of another classification of service. The term includes high strength commercial service and low strength commercial service.

5.

"Connection charge" or "hook-up fee" means the charge levied for pro rata share of the physical sewer system.

6.

"Department" means the Carson City Public Works Department.

7.

"Director" means the director of the department, or his or her designee.

8.

"Fixture unit weight" means the value ascribed to certain plumbing devices as defined by the current edition of the Uniform Plumbing Code as adopted by the city.

9.

"High strength commercial service" means the service provided to a septage hauler or a commercial customer whose wastewater has a BOD or TSS greater than three hundred (300) milligrams per liter.

10.

"Low strength commercial service" means the service provided to a commercial customer whose wastewater has a BOD or TSS that does not exceed three hundred (300) milligrams per liter.

11.

"Mixed-use commercial service" means service to a customer with commercial service that generates multiple wastewater streams, some which are designated as high strength commercial service and others that are designated as low strength commercial service.

12.

"Multifamily residential service" means service to a customer supplied for residential purposes in a master metered building with three (3) or more dwelling units.

13.

"Quasi-residential" means a commercial enterprise which is basically residential in nature, such as a child care facility, but does not include motels, hotels or boardinghouses, etc.

14.

"Residential service" means service to a customer supplied for residential purposes, and includes single-family residential service and multifamily residential service.

15.

"Single-family residential service" means service to a customer in a single-family dwelling, duplex, mobile home or quasi-residential uses as defined above.

16.

"Sewer equivalent residential customer" or "SERC" means the average daily sewer system contribution for a residential unit at a discharge of two hundred (200) gallons per day.

17.

"Total suspended solids" or "TSS" means the insoluble solid matter suspended in water or wastewater.

18.

"Total SERCs" means the value calculated by dividing the average daily sewer system contribution by the SERC quantity of two hundred (200) gallons per day.

(Ord. 1994-61 § 1, 1994: Ord. 1992-29 § 1, 1992: Ord. 1991-11 § 1, 1991: Ord. 1986-32 § 1, 1986: Ord. 1980-22 § 3 (part), 1980).

(Ord. No. 2013-26, § I, 9-19-2013; Ord. No. 2016-8, 6-16-2016; Ord. No. 2020-15, § VI, 12-3-2020)

The rates charged to a customer for the use of the city sanitary sewer system, and the fees charged to any person who uses a service provided by the city and which is described by this chapter, must be calculated in accordance with this chapter and in the manner established by the "Carson City Public Works Utility Rate Schedule" or "Rate Schedule," as may be amended, which is hereby adopted and incorporated by reference. A copy of the Rate Schedule is available, without charge, from the Department at 3505 Butti Way, Carson City, Nevada 89701, and on the Internet website of the city at https://www.carson.org/government/departments-g-z/public-works/utility-billing-water-sewer.

(Ord. No. 2020-15, § IV, 12-3-2020)

1.

The director, in his or her sole discretion, must categorize all commercial service as high strength commercial service or low strength commercial service when service to a customer with commercial service begins.

2.

A customer with mixed-use commercial service must be charged for high strength commercial service unless the director determines that the portion of the mixed-use commercial service qualifying as high strength commercial service is a negligible portion of the wastewater generated by the customer.

3.

The director shall reassess the categorization of commercial service provided to a customer if there is any change in an existing building permit that has been issued or a new building permit is issued to the customer with commercial service.

4.

A customer may protest the categorization of commercial service pursuant to CCMC 12.03.060. A protest made under this subsection must include a measurement of BOD and TSS in the wastewater of the customer. A customer who files a protest must pay the cost of services for the measurement of BOD and TSS in the wastewater.

(Ord. No. 2020-15, § V, 12-3-2020)

1.

The monthly rate for use of the city sanitary sewer system for single-family residential service must be a flat rate, as provided in Section 3.0(A) of the Rate Schedule.

2.

The monthly rate for use of the city sanitary sewer system for multifamily residential service must be a flat rate multiplied by the number of dwelling units in the master metered building, as provided in Section 3.0(A) of the Rate Schedule.

3.

The monthly rate for use of the city sanitary sewer system for commercial service must be computed by adding together:

a.

A base rate in accordance with the service classification of the customer, as provided in Section 3.0(A) of the Rate Schedule; and

b.

A commodity rate based on a charge per one thousand (1,000) gallons of wastewater of the customer in a billing period in accordance with the service classification of the customer, as provided in Section 3.0(A) of the Rate Schedule.

(Ord. No. 2020-15, § VII, 12-3-2020)

Editor's note— Ord. No. 2020-15, § VII, adopted December 3, 2020, amended § 12.03.020 in its entirety to read as herein set out. Former § 12.03.020, pertained to schedule of rates and derived from Ord. 2008-20 § 1, 2008; Ord. 2008-14 § 1, 2008; Ord. 2003-12 § 1, 2003; Ord. 1994-61 § 2, 1994; Ord. 1993-44 § 12, 1993; Ord. 1992-29 § 2, 1992; Ord. 1991-11 § 2, 1991; Ord. 1988-15 § 1, 1988; Ord. 1986-34 § 1, 1986; Ord. 1986-17 § 1, 1986; Ord. 1985-16 § 1, 1985; Ord. 1983-10 § 1, 1983; Ord. 1982-9 § 1, 1982; Ord. 1981-18 §§ 1, 2, 3, 1981; Ord. 1980-22 § 3 (part), 1980; Ord. No. 2009-10, § I, 6-18-2009; Ord. No. 2010-7, § I, 6-3-2010; Ord. No. 2011-13, § I, 9-1-2011; Ord. No. 2013-26, § I, 9-19-2013.

Editor's note— Ord. No. 2013-26, § I, adopted September 19, 2013, repealed § 12.03.025, which pertained to calculation and review of rates. See Code Comparative Table for complete derivation.

1.

Sewer connection charges must be based on the SERC of an existing structure or proposed development, as provided in Section 3.0(B)(1) of the Rate Schedule. If a structure or development is not identified in that provision of the Rate Schedule, the total SERC of the structure or proposed development must be calculated by the city engineer, or his or her designee, based on water usage information provided to the city or based on a review of similar or like structures or developments. After the SERC is determined, the sewer connection charge must be calculated by multiplying the SERC value by the charge per SERC, as provided in Section 3.0(B)(2) of the Rate Schedule.

2.

If a physical connection to the city system is required, the sewer connection charge must be collected before a building permit for construction may be issued.

3.

The board may, by resolution, establish conditions for specific geographical areas for the waiver of the sewer connection fee created by this section where public health would be benefitted thereby. If an application for a waiver meets the requirements set forth in the resolution, the waiver may be approved by the director.

(Ord. No. 2020-15, § VIII, 12-3-2020)

Editor's note— Ord. No. 2020-15, § VIII, adopted December 3, 2020, amended § 12.03.030 in its entirety to read as herein set out. Former § 12.03.030, pertained to schedule of sewer connection and hook-up charges and derived from Ord. 2003-12 § 3, 2003; Ord. 1995-15 § 1, 1995; Ord. 1994-61 § 4, 1994; Ord. 1993-44 § 13, 1993; Ord. 1991-11 § 4, 1991; Ord. 1988-28 § 1, 1988; Ord. 1988-15 § 2, 1988; Ord. 1987-5 § 2, 1987; Ord. 1985-16 § 3, 1985; Ord. 1980-30 § 2, 1980; Ord. 1980-22 § 3 (part), 1980; Ord. No. 2009-22, § I, 10-1-2009; Ord. No. 2013-26, § I, 9-19-2013; Ord. No. 2016-8, 6-16-2016.

An applicant for a building or engineering permit, who has obtained a permit pursuant to Section 12.03.080, shall pay the sewer connection charge in effect on the date of application for a building or engineering permit.

(Ord. 1995-59 § 3, 1995).

The Carson City water utility shall pay a right-of-way toll, to be charged to the sewer customer, to Carson City as follows:

1.

Commencing September 1, 2002, equal to one percent (1%) of the gross receipts derived by it from each sewer bill of a customer within Carson City during each calendar year; said payments shall be made on or before the 15th day of January, the 15th day of April, the 15th day of July, and the 15th day of October, and each such payment shall equal one percent (1%) of the aforesaid gross revenues obtained by the Carson City water utility, its successor or assigns, during three (3) calendar months immediately next preceding the due date of each such payment.

(Ord. 2002-28 § 2, 2002).

The city shall bill the owner of the connected property for the payment of the rates and charges specified in this chapter.

(Ord. 1991-11 § 5, 1991: Ord. 1980-22 § 3 (part), 1980).

1.

Rendering and payment of bills shall follow the procedures established in and be governed by the provisions of Chapter 12.01 of the Carson City Municipal Code.

2.

The reconnection charge required in said chapter shall not apply to sewer service.

(Ord. 1982-9 § 3, 1982: Ord. 1980-22 § 3 (part), 1980).

1.

Pursuant to NRS 244.36605 delinquent charges for sewerage, may be placed on the tax roll, or collected with the property taxes due on mobile or manufactured homes that do not meet the requirements of NRS 361.244, in the same manner, by the same persons, and at the same time as, together with and not separately from, Carson City's general taxes. The late payment penalty charges will cease when the amount due is transferred to the tax receiver for collection.

2.

The utilities department shall cause a description of each lot or parcel of real property or each mobile or manufactured home with respect to which a sewer charge is delinquent on May 1st and the amount of the delinquent charge to be prepared and submitted to the tax receiver of the county, in a form approved by the tax receiver, no later than June 1st.

3.

The amount of any such delinquent charge constitutes a lien against the lot or parcel of land or mobile or manufactured home against which the charge has been imposed as of the time when the lien of taxes on the roll or on mobile or manufactured homes attaches.

4.

Except as otherwise provided in subsection 6, the tax receiver of the county shall include the amount of the delinquent charges on bills for taxes levied against the respective lots and parcels of land or mobile or manufactured homes, as applicable. Thereafter the amount of the delinquent charges must be collected at the same time and in the same manner and by the same persons as, together with and not separately from, the general taxes for the county.

5.

All laws applicable to the levy, collection and enforcement of general taxes of the county, including, but not limited to, those pertaining to the matters of delinquency, correction, cancellation, refund, redemption and sale, are applicable to delinquent charges for sewerage.

6.

The tax receiver of the county may issue separate bills for delinquent charges and separate receipts for collection on account of those charges.

(Ord. 2003-19 § 2 (part), 2003: Ord. 1998-25 § 2, 1998).

1.

If any owner shall be dissatisfied with any sewer charge imposed, he may file a written protest with the director of utilities setting forth his/her objections provided such protest is filed within fifteen (15) days of receipt of the bill being protested. Variance to surcharge rates shall be as set forth in Section 12.06.432.

A.

Specifically pertaining to commercial sewer strength, any customer disputing their current strength category will require strength measurement at the customer's expense, with the resulting information to be provided to the director of utilities for determination per the process below.

2.

Upon receipt of any such protest, the director shall, within fifteen (15) days, make a determination in writing as to the correctness of the bill. Should the director determine that the bill was incorrect, he/she may cause the corrections to be made.

3.

Reserved.

4.

If the protester is dissatisfied with the director's decision, he/she may appeal to the board of supervisors, provided such appeal is filed within ten (10) days of receipt of the director's decision.

5.

The board, upon receipt of a protest, shall fix a time and place for a hearing of said protest which shall not be later than thirty (30) days after receipt of same and cause the protesters to be notified thereof.

6.

Upon the hearing, the board may adjust the sewer charge if it is satisfied with the reasons and basis of the protest. Action taken on any protest shall be entered in the minutes of the board.

7.

The protester shall have fifteen (15) days after determination of the protest by the board within which to pay his/her sewer charge before any penalty or interest shall be attached or imposed, notwithstanding any other provision of this chapter concerning the imposition of penalty and interest charges.

(Ord. 1997-36 § 3, 1997: Ord. 1993-44 § 14, 1993: Ord. 1991-11 § 6, 1991: Ord. 1985-16 § 4, 1985: Ord. 1980-22 § 3 (part), 1980).

(Ord. No. 2013-26, § I, 9-19-2013)

1.

Any bill not paid within twenty-one (21) days of issuance is delinquent.

2.

A penalty charge of two and one half percent (2.5%) shall be imposed on past due bills for each twenty-seven (27) days that said bill is unpaid.

3.

Partial payments shall be applied to the oldest outstanding charges, and remaining arrearages shall continue to accrue time and penalties.

4.

For a customer in a non-pay turn-off status, the Carson City treasurer shall have the option, at his discretion, to enter into a will-pay agreement for a period of not more than four (4) weeks from inception of the agreement. The cost to the customer for entering into a will-pay agreement shall be two and one half percent (2.5%) of the total unpaid balance and is to be paid at the time the agreement is entered into.

(Ord. 2003-19 § 2 (part), 2003: Ord. 1997-11 § 2, 1997: Ord. 1994-61 § 5, 1994: Ord. 1990-1 § 1, 1990: Ord. 1980-22 § 3 (part), 1980).

1.

Connection. Connection to the city's sewer system shall only be made after payment of the proper connection charge and the issuance of the appropriate permits by the city.

2.

Construction. No person, other than employees of the city, persons contracting to do work for the city, or maintenance workers of the city, shall construct or cause to be constructed, or alter or cause to be altered, any public sewer, lateral sewer, house connection or industrial connection sewer over six (6) inches in diameter, sewage pumping plant, pollution control plant, or other sewerage facility within the city where existing or proposed wastewater flows will discharge directly or indirectly to facilities of the city without first obtaining approval of sewerage construction plans from the department and obtaining a construction permit therefor.

3.

The applicant shall submit to the department for approval construction plans and such specifications and other details as required to describe fully the proposed sewerage facility. The department may require that the plans shall have been prepared under the supervision of and shall be signed by an engineer of suitable training registered in the state of Nevada.

4.

Plans for sewerage construction shall not be approved by the department for any facility which will convey industrial wastewater unless the discharger has first obtained a permit for industrial wastewater discharge.

5.

Plans for sewerage construction shall meet all design requirements of the department and shall also meet all sanitary sewer design standards as established in Sections 12.06.250 through 12.06.390.

6.

Inspection of all sewerage construction under Sections 12.06.180 through 12.06.240 shall be made by personnel of the department.

7.

Approval of plans for sewerage construction shall expire one (1) year after the date of approval unless construction has been initiated.

8.

When the city has discovered that a customer has obtained service by fraudulent means, or has connected to the sewer without payment connection fees nor going through the permit process, the customer will be mandated to immediately comply with all ordinances and reasonable requirements of the city and the city will be reimbursed for the full amount of the service rendered and the actual cost to the city incurred by reason of the fraudulent use. If the customer fails to reimburse the city all costs for services provided by fraudulent use within a reasonable time frame, the city may file a lien on the property.

(Ord. 1997-36 § 4, 1997: Ord. 1995-59 § 4, 1995).

This chapter may be cited as the utility ratepayer assistance program.

(Ord. No. 2018-17, § II, 12-6-2018)

As used in this chapter, unless the context otherwise requires, the words and terms defined in this section have the meanings attributed to them in this section:

"Applicant" means a person who submits an application for assistance pursuant to this chapter.

"Committee" means the Utility Finance Oversight Committee created by the Board pursuant to Resolution No. 2013-R-45A.

"Director" means the Director of the Carson City Public Works Department.

"Dwelling" means any building, structure or portion thereof which is occupied as, or designed or intended for occupancy as, a residence by one (1) or more families. The term includes a manufactured home as that term is defined by NRS 118B.015 and a mobile home as that term is defined by NRS 361.029.

"Household" means an association of persons who live in the same dwelling.

"Income" has the meaning ascribed to it in NRS 361.7364 and means adjusted gross income, as defined in the Internal Revenue Code, and includes:

1.

Tax-free interest;

2.

The untaxed portion of a pension or annuity;

3.

Railroad retirement benefits;

4.

Veterans' pensions and compensation;

5.

Payments received pursuant to the federal Social Security Act, including supplemental security income, but excluding hospital and medical insurance benefits for the aged and disabled;

6.

Public welfare payments, including allowances for shelter;

7.

Unemployment insurance benefits;

8.

Payments for lost time;

9.

Payments received from disability insurance;

10.

Disability payments received pursuant to workers' compensation insurance;

11.

Alimony;

12.

Support payments;

13.

Allowances received by dependents of servicemen and servicewomen;

14.

The amount of recognized capital gains and losses excluded from adjusted gross income;

15.

Life insurance proceeds in excess of five thousand dollars ($5,000.00);

16.

Bequests and inheritances; and

17.

Gifts of cash of more than three hundred dollars ($300.00) not between household members and such other kinds of cash received by a household as the department of taxation specifies by regulation.

"Residential ratepayer" means an end-use customer who purchases for his or her dwelling one or more utility services from Carson City.

"Third-party administrator" means the entity designated pursuant to CCMC Section 12.035.060.

(Ord. No. 2018-17, § III, 12-6-2018)

The board finds and declares that:

1.

Certain persons reside in Carson City on limited and fixed incomes, and those persons often have little to no opportunity to supplement such income.

2.

Certain costs required to be paid by such persons, including costs which are charged to residential ratepayers to fund essential utility services provided by the city, continue to rise and have a disproportionate impact on those persons.

3.

It is therefore declared to be the public policy of the city to make available certain levels of assistance, based on annual household income, to persons who reside in the city as a means to defray a portion of the costs associated with city utility services, which in turn will contribute to the health and well-being of the community.

(Ord. No. 2018-17, § IV, 12-6-2018)

1.

There is hereby created the account for ratepayer assistance within the grant fund, which must be used only for the purpose set forth in this chapter.

2.

The account may be funded by charitable or non-charitable donations, grants, contributions from the water, wastewater or stormwater utility funds, or any other source of funding to the extent authorized by law. Any manner of funding by the city, other than the funding required by subsection 4., must be approved by the board.

3.

To facilitate donations, grants or contributions, the director or his or her designee must include on each city utility account invoice that is issued to a residential ratepayer a statement that a monetary donation of any denomination may be made in addition to the utility payment that is regularly due for purposes of funding the account. The statement:

a.

Must be clear and conspicuous and specifically indicate that any donation amount may be made together with the utility payment for credit to the account, or separately in person by remitting payment directly to the Carson City Treasurer; and

b.

May include suggested donation amounts.

4.

Except as otherwise provided in this subsection, the director shall, on April 1 of each year, direct or cause to be directed an amount of contributions to be made into the account from the water, wastewater or stormwater utility funds to increase the balance of the account to a total of thirty thousand dollars ($30,000.00), if the balance is below that amount. Contributions from each utility fund must not exceed ten thousand dollars ($10,000.00) and may only be made if the balance of the utility fund from which the contribution is made meets the financial goal for minimum operating reserves, as adopted by the city. If the account has a balance that does not require the maximum contribution from each utility fund at the time the director is required to direct or cause to be directed an amount of contributions to be made, the director may, in his or her discretion, direct or cause to be directed contributions to the account from each utility fund in different amounts, as deemed reasonable by the director.

5.

All amounts received must be remitted to the account by the Carson City Treasurer in accordance with regular accounting procedures.

6.

All money from the account must be withdrawn on a first-come, first-served basis for residential ratepayers whose applications for assistance have been approved in accordance with the provisions of this chapter. Each month, the Carson City Treasurer shall credit any remaining money in the account to the applicable city utility account invoices in ascending order of priority based on the report required to be provided by the third-party administrator pursuant to CCMC Section 12.035.080.

7.

The interest earned on the money in the account, if any, must be credited to the account after deducting any applicable charges.

8.

The creation of the account shall not be construed to create a continuing obligation of the city to provide residential ratepayer assistance, and does not establish any right or entitlement of a residential ratepayer to any money from the account.

(Ord. No. 2018-17, § V, 12-6-2018; Ord. No. 2020-15, § IX, 12-3-2020)

1.

A residential ratepayer may, in accordance with CCMC Section 12.035.070, apply for assistance to defray a portion of charges payable to an existing city utility account if, at a minimum, he or she:

(a)

Is the person under whose name the city utility account is open;

(b)

Has continuously resided in Carson City for not less than twelve (12) months immediately preceding the date on which he or she submits an application for assistance pursuant to CCMC Section 12.035.070;

(c)

Has an annual household income in an amount which does not exceed two hundred (200) percent of the federal poverty rate; and

(d)

Has not violated any provision of CCMC Section 12.035.100.

2.

A residential ratepayer who satisfies the eligibility criteria established by subsection 1. and whose application for assistance has been approved pursuant to CCMC Section 12.035.080 may be eligible for assistance based on his or her annual household income from the year immediately preceding the next fiscal year in which assistance may be provided.

(Ord. No. 2018-17, § VI, 12-6-2018)

1.

A third-party administrator must be designated by majority vote of the committee during a regularly scheduled meeting for the purpose of reviewing applications for assistance and such other purposes related to the provisions of this chapter. Such designation may be made pursuant to any policy or procedure deemed reasonable by the committee. In making its designation, the committee must consider the qualifications of the third-party administrator, including without limitation:

(a)

The experience of the third-party administrator in functions incident to the administration, operation or oversight of programs for ratepayer assistance or any other charitable program; and

(b)

The internal control measures, or the ability to implement such measures, of the third-party administrator such that applications for assistance submitted pursuant to this chapter may be properly and timely reviewed for approval or denial.

2.

A third-party administrator designated by the committee must enter into a contract with the city for the provision of services to carry out the purpose of this chapter before it may accept any applications for assistance. The contract must include, without limitation:

(a)

A description of the services to be provided by the third-party administrator;

(b)

A provision that limits compensation for any services provided by the third-party administrator to not more than five (5) percent of the money collected in the account created pursuant to CCMC Section 12.035.040; and

(c)

A provision establishing that the city may terminate the contract at any time upon written notice, with or without cause, and without penalty to the city.

3.

If a contract for the provision of services by a third-party administrator is terminated, the committee must designate a new third-party administrator in accordance with this section as soon as reasonably practicable.

4.

Immediately after designation by the committee, the third-party administrator must prepare a form by which a residential ratepayer may submit an application for assistance. The form must require the information described in CCMC Section 12.035.070 and be approved by the committee.

5.

A third-party administrator designated pursuant to this section must be duly organized under the laws of Nevada as a charitable organization and which the secretary of treasury has determined to be tax exempt pursuant to the provisions of 501(c)(3) of the Internal Revenue Code, 26 U.S.C. § 501(c)(3).

(Ord. No. 2018-17, § VII, 12-6-2018)

1.

An application for assistance must be made in writing, under oath and on the form prescribed by the third-party administrator pursuant to CCMC Section 12.035.060. The application must include:

(a)

The name and telephone number of the applicant under whose name the city utility account is open;

(b)

The address of the property that is associated with the city utility account;

(c)

A true and correct copy of the most recent city utility account invoice payable by the applicant;

(d)

An attestation that the applicant currently resides at the property associated with the city utility account as his or her primary place of residence;

(e)

An attestation that the applicant has been a resident of Carson City for not less than twelve (12) months immediately preceding the date of the application; and

(f)

Any additional information required by the third-party administrator as approved by the committee.

2.

Each application for assistance must be submitted to the third-party administrator. An application may not be accepted by the third-party administrator before February 1 or after April 30 of the year immediately preceding the next fiscal year for which the assistance will apply.

3.

The third-party administrator shall:

(a)

Keep and maintain every application it receives for a period of three (3) years from the date of submission; and

(b)

Allow the city and its designees to inspect submitted applications and any other book or record that is kept in the regular course of business which relate to the provision of services pursuant to this section.

(Ord. No. 2018-17, § VIII, 12-6-2018)

1.

The third-party administrator shall examine each application submitted within the prescribed time period pursuant to CCMC Section 12.035.070 and determine the eligibility of the applicant based on the information provided. If the third-party administrator:

(a)

Approves the application, the third-party administrator must notify the applicant in writing of the approval. The notice must indicate the percentage amount of assistance for which the applicant has been approved and clearly explain that such assistance is conditioned on the balance of money available in the account created pursuant to CCMC Section 12.035.040 and the assistance may therefore be discontinued at any time without further notice.

(b)

Denies the application, the third-party administrator must notify the applicant in writing, along with an explanation for the denial.

2.

Assistance may be credited to eligible city utility account invoices by the Carson City Treasurer beginning from the month of July of the next immediate fiscal year following the approval of applications. Any assistance expires at the end of the applicable fiscal year for which it was approved and a new application for assistance must be submitted by residential ratepayers requesting assistance for the next fiscal year.

3.

All applications for assistance received by the third-party administrator must be reviewed for approval or denial in time for inclusion in a report of approved applications to be provided to the Carson City Treasurer on or before June 1 of the year immediately preceding the next fiscal year in which the assistance would apply. The report must identify the name of the residential ratepayer, the property address and the dollar amount of assistance to be credited to each corresponding city utility account invoice.

4.

The percentage and dollar amounts of assistance that may be credited to a city utility account invoice must be calculated by the third-party administrator and made in accordance with the federal poverty guidelines for households as published each year by the federal government. For a residential ratepayer whose annual household income is between:

(a)

Zero (0) and one hundred twenty-five (125) percent of the federal poverty rate, assistance of not more than eighty (80) percent may be credited to his or her city utility account invoice.

(b)

One hundred twenty-six (126) and one hundred fifty (150) percent of the federal poverty rate, assistance of not more than sixty (60) percent may be credited to his or her city utility account invoice.

(c)

One hundred fifty-one (151) and two hundred (200) percent of the federal poverty rate, assistance of not more than forty (40) percent may be credited to his or her city utility account invoice.

5.

In addition to the report required to be provided pursuant to subsection 3., the third-party administrator must also annually provide to the committee a separate report and recommendation with regard to an upward or downward adjustment in the rate of assistance for the next fiscal year.

6.

Notwithstanding any other provision of this section, the director may immediately discontinue any assistance if he or she has reasonable cause to determine that a residential ratepayer has wasted water in violation of CCMC Section 12.01.120 or violated any provision governing the limitation on irrigation in violation of CCMC 12.01.130. The discontinuation of assistance by the director must be made in writing and provided to the retail ratepayer by deposit for first-class mail or other commercially reasonable delivery method.

(Ord. No. 2018-17, § IX, 12-6-2018)

1.

An applicant whose application for assistance has been denied by the third-party administrator pursuant to subsection 1. of CCMC Section 12.035.080, or a residential ratepayer whose assistance has been discontinued by the director pursuant to subsection 6. of CCMC Section 12.035.080, may appeal the denial or discontinuance to the board.

2.

An appeal must be made in writing and submitted to the director not more than fifteen (15) days after the date of denial or discontinuance. Upon receipt of the appeal, the director must fix a time and place for a hearing on the appeal before the board, which must be held not later than sixty (60) days from the date of receipt of the appeal.

3.

Notice of the hearing must be made in writing and provided to the person making the appeal not less than ten (10) days before the date of the hearing, by deposit for first-class mail or other commercially reasonable delivery method.

(Ord. No. 2018-17, § X, 12-6-2018)

Any person who knowingly obtains or attempts to obtain assistance pursuant to this chapter to which he or she is not eligible through the submission of false or fraudulent statements or documents:

1.

Is guilty of a misdemeanor;

2.

Shall repay any amount of assistance obtained through the submission of such statements or documents, together with a ten (10) percent penalty; and

3.

Shall forfeit eligibility for any assistance in the remainder of the fiscal year.

(Ord. No. 2018-17, § XI, 12-6-2018)

The definitions contained in Chapters 12.03 and 12.06 of the Carson City Municipal Code apply to this chapter.

1.

"Cesspool" means a lined and covered excavation in the ground which receives the discharge of domestic sewage or other organic wastes from a drainage system so designed as to retain the organic matter and solids but permitting the liquids to seep through the bottom and sides.

2.

"Capable to serve" means the property owner is able to be served by the municipal sewer system utilizing gravity to convey sewage from the property owner's facilities to the municipal sewer system.

3.

"Commercial entity" means any business, retail office or professional facility, including but not limited to motels, hotels and multiresidential complexes, including but not limited to 2 or more units. Such definition includes nonprofit activities such as churches, synagogues, charitable organizations, fraternal, service and social clubs; grocery stores, food, beverage or gaming establishments; commercial recreational facilities; and any location operated by a governmental entity, including city, county, state and federal buildings, prisons, public schools, colleges, hospitals and public recreational sites.

4.

"Individual sewage disposal system" means a single system of sewage treatment tanks and effluent disposal facilities serving only a single dwelling or other building.

5.

"Industrial business" means any business other than a "commercial entity" as defined in subsection (2) of this section. Industrial businesses are primarily involved with the manufacture, repair and wholesale of products. These businesses include but not limited to warehouses, storage buildings, manufacturing plants, laboratories, research and development facilities; automobile, boat, aircraft and recreational vehicle service and repair facilities; service garages; and any facility subject to categorical pretreatment regulations.

6.

"Single-family residence" means a building containing 1 kitchen designed and/or used to house not more than 1 family. A single-family dwelling may also contain a group of not more than 1 family. A single-family dwelling may also contain a group of not more than 4 unrelated persons living together, sharing a nonprofit single dwelling unit and common housekeeping facilities; or it may include a home in which 6 or fewer unrelated persons who are mentally retarded reside with 1 or 2 additional persons to act as houseparents or guardians who need not be related to each other or any of the mentally retarded persons who reside in the house.

(Ord. 1995-14 § 2, 1995: Ord. 1980-22 § 5 (part), 1980).

1.

Permits. The Carson City public works department will accept applications and plot plans for individual septic systems along with the application for a building permit. The application and plot plan must include the following completed information:

a.

Individual septic system permit application;

b.

Soil analysis for septic system;

c.

Leach line calculations;

d.

Plot plan requirements checklist;

e.

Attach leach line configurations and cross-section to each plot plan.

Approval must be obtained from the utilities department to construct, alter or extend an ISDS. This approval for new construction is required before any building permit can be issued for any structure which requires an ISDS. The applicant shall contact the sewer utility division to make arrangements for observation of the 2 percolation tests and test pit prior to submitting to the public works department. Percolation tests and pit must be located in the area of the proposed leach field.

2.

The design of all septic systems must conform to the requirements of the Nevada Administrative Code (NAC), Chapter 444, and the current edition of the Uniform Plumbing Code (UPC). Requirements include but are not limited to the following:

a.

Cesspools are prohibited.

b.

The discharge of surface, rain and other clear water into an individual sewage disposal system is prohibited.

c.

Septic systems are prohibited in areas subjected to vehicular traffic, areas to be paved or in shaded areas.

d.

Disposal fields must be located in unshaded, unobstructed areas.

e.

The disposal of sewage must be through an approved sewage disposal system.

f.

Every dwelling or habitation, including occupied trailers, must have an approved method of sewage disposal.

g.

Only 1 single-family dwelling is permitted per individual sewage disposal system.

h.

Approved plans and specifications must not be revised except with written approval of the sewer utility division.

i.

Soils with a percolation rate over 60 minutes per inch must not be used for an absorption system.

j.

Where rapid percolation rates are encountered in sand, gravel or fractured stone, the required distance from any water supply or watercourse may be increased, requiring special design of the absorption system.

k.

Maximum absorption trench depth is 50 inches below the finished grade without prior approval. Maximum sidewalk effective depth is 36 inches below the leach pipe.

l.

Maximum length of absorption trenches is 100 feet.

m.

Minimum of 6 feet on centerline between absorption trenches.

n.

Minimum percolation rate for design is 10 minutes/inch.

o.

No absorption trench shall extend to within 5 feet of the water table.

p.

A distribution box is required for 2 or more absorption trenches.

q.

A soil absorption system must not be installed in a noncompacted filled area without specific approval of the sewer utility division.

r.

The nearest portion of the septic system shall not be located within 150 feet from any well if it is a deep system (total trench depth 36 inches or more) and 100 feet if it is a shallow system (less than 36-inch trench depth).

s.

All septic tanks must be procured from an approved manufacturer. All concrete septic tanks must be protected from corrosion by coating the inside with an approved bituminous coating. The coating must extend to at least 4 inches below the waterline and cover all of the internal area above that point. A list of approved septic tank manufacturers is available upon request from the utilities department.

t.

A riser shall be placed over the inlet of the septic tank. The riser shall extend to within 6 inches of the finish grade. The riser shall be a larger diameter than the inlet opening and covered with a removable lid.

u.

Any necessary bends in the sewage disposal system must be accomplished by the use of 45 degree or less pipe fittings.

v.

The location of a replacement system must be shown on the plot plan.

w.

To facilitate cleaning and maintenance operations, the contractor shall provide to the owner, realtor, etc., 1 copy of the approved plot plan, septic system diagram and permit application. These documents shall remain on the premises regardless of changes in ownership.

x.

Abandoned septic tanks must be filled with earth or sand after being pumped.

y.

Provisions not covered by NAC 444.750 to 444.820, inclusive, must meet the most restrictive requirements found in the current publication of the Uniform Plumbing Code or the United State Public Health Service Manual of Septic Tank Practice.

3.

Inspections. The public works department, building and safety division, will perform inspections of septic system installation. Inspections must be scheduled 24 hours in advance. Approved plans must be on the jobsite at the time of inspection. No component of the septic system is to be covered prior to inspection. The required inspections are listed below:

a.

Septic System Trench. Inspection of trench width, depth and length, prior to placement of gravel backfill.

b.

Septic System. Inspection of gravel backfill, leach lines and grade, distribution box, septic tank and building lateral. A pressure test (water and air) is required on sewer lateral from the building to the septic tank.

c.

Septic System Final. After all covering material is installed and plot plan and permit application are posted at the site.

(Ord. 1995-14 § 3, 1995).

1.

The city has determined that it is necessary for the protection of the public health to require that owners of improved property within Carson City be required to connect their industrial, business and residential establishments to the sewer system and to cease to use all other methods of sewage disposal if any of the following conditions exist:

a.

The individual sewage disposal system fails and the property is within 400 feet of the nearest sewer main; or

b.

The nearest sewer main is immediately adjacent to the establishment and is capable of serving the property; or

c.

Effluent contamination is found in the ground water or surface water.

2.

Approval must be obtained from the health authority to construct, alter, move, or extend an individual sewage disposal system. A permit to construct, alter, move, or extend will not be issued if the nearest sewer main is within 400 feet of the property.

a.

An exception to the requirement of sewer connection exists when the utilities director or designee has determined that sufficient grade or fall to permit drainage to the sewer system by gravity does not exist, therefore requiring the property owner to install a pump system.

For the purposes of this section, an individual sewage disposal system shall be deemed to have failed if:

(a)

A condition or malfunction occurs in the individual sewage disposal system, or in the operation of the system, that threatens the public health by inadequately treating sewage or by creating a potential for direct or indirect contact between sewage and the public, including, without limitation:

(1)

Sewage on the ground;

(2)

A backup of sewage into a structure that is caused by the slow soil absorption of effluent;

(3)

Sewage leaking from a septic tank, dosing tank, holding tank or collection system; and

(4)

Effluent contaminating the ground water or surface water; or

(b)

The operator of the system fails to comply with the requirements of the permit issued to operate the system.

3.

In the event any owner of improved property fails or refuses to make such a connection upon being requested by the city, the city may take such lawful action as necessary to effect such connection.

4.

The board of supervisors declares that protection of Carson City's aquifers and watersheds is in the public's health, safety and general welfare. To this end, all permits and approvals under this chapter shall reflect the protection of watersheds and wellhead protection areas in Carson City. Any new parcels created under Title 17 of the Carson City Municipal Code shall have a minimum size of 3 acres if individual sewage disposal systems (ISDS) are proposed to be utilized. In all other cases, sewage disposal shall be accomplished through the extension of sewer lines to serve the property or parcel. ISDS shall be allowed in Carson City only for individual residential lots meeting the requirements of the Carson City Municipal Code.. An exception to the requirement of a minimum parcel size of 3 acres exists if denitrification type ISDS are required to be installed for all new installations. The exception would only apply to creation of 4 or less parcels from any one parcel of land, and the minimum parcel size shall not be less than 1 acre. The use of denitrification type ISDS may not be utilized for parceling of 5 or more parcels without the approval of the utilities director. The nitrate levels discharged by the denitrification systems must meet the discharge limits allowed by the Safe Drinking Water Act. The denitrification systems must be approved by the National Sanitation Foundation (NSF). The applicant will be required to enter into and maintain a maintenance contract with an approved provider for the denitrification system and obtain an annual permit from the Carson City health division for maintenance and operation of the denitrification system. Prior to approval of the parceling, the applicant will be required to show that the proposed parcels meet all requirements of this chapter and the Nevada Administrative Code, Chapter 444, including but not limited to required separations from property lines, wells, watercourses, structures, and underground bedrock and water table, and minimum lot sizes due to presence of wells, city water and slope.

(Ord. 2006-30 § 2, 2006: Ord. 1996-49 § 1, 1996: Ord. 1995-14 § 4, 1995: Ord. 1980-22 § 5 (part), 1980).

1.

No permit shall be issued and no permit is valid until the permit fee is received by the department.

2.

Any installation permit issued by the department under the provisions of this section expires by limitation and becomes null and void if the work authorized by the permit is not completed within 1 year from the date of issuance. If application for permit renewal is made prior to the expiration date, the fee will be ½ the original permit fee, provided that no changes have been or will be made in the original plans and specifications for the project.

3.

Fees for permits, plan reviews and inspections are payable by cash, check, money order or cashier's check to the department at the time of application. The fee structure is as follows:

4.

Replacement permits may be obtained from the department on payment of a fee of $1.00. Such documents shall be marked "Duplicate."

5.

Anyone aggrieved by the refusal to grant a permit may within 5 days of such refusal appeal in writing to the Carson City board of supervisors who shall conduct a hearing thereon.

(Ord. 1995-14 § 5, 1995).

1.

The provisions of Chapter 12.06 concerning connection permits and construction shall apply to this chapter.

2.

In the event that a building permit is revoked or expires for any reason prior to the completion of the structure described therein, the sewer permit issued for the parcel described shall be void and of no effect. Upon application of the permittee, the city shall refund all fees paid for the sewer permit.

(Ord. 1980-22 § 5 (part), 1980).

1.

The provisions of Section 12.06.060 of the Carson City municipal code apply to this chapter.

2.

No sewer permit shall be issued for a parcel of land unless and until application has been made for a building permit upon the same parcel.

(Ord. 1980-22 § 5 (part), 1980).

1.

General Requirements. Sewer mains shall be extended for the following:

A.

An industrial or commercial development within 400 feet of an existing sewer main. Industrial or commercial developments utilizing over four (4.0) sewer equivalent residential customer (SERC) values shall extend the sewer main a distance equal to the SERC value times one hundred feet (100′), but shall not be required to extend beyond the property line farthest from the existing main.

B.

A residential development utilizing from one-half (0.5) to four (4.0) sewer equivalent residential customer (SERC) values within 400 feet of an existing sewer main. Residential developments utilizing over four (4.0) SERCs shall extend the sewer main a distance equal to the SERC value times 100 feet, but shall not be required to extend beyond the property line farthest from the existing main.

C.

When it is determined by the utilities director or designee that the existing system does not have sufficient minimum size or capacity to properly serve the proposed development. The utilities department will identify possible locations of insufficient capacity to be addressed by the developer's engineer. The developer will be responsible for main extensions when the design capacity of existing mains is less than that required to serve the development. Mains shall be extended when existing mains are physically inaccessible to maintenance crews and equipment, as determined by the utilities director or designee.

D.

In the event that provisions of this chapter require the owner to extend the city sewer, then sewer mains shall be extended the entire frontage(s) of the parcel unless engineering analysis determines it is physically impossible to do so or it is determined by the utilities department that further extension of the main beyond the parcel can never occur or it is not necessary for continuity of the system, or the extension of the main is to accommodate a failed septic system. In such cases, the length of extension will be determined by the utilities director or designee. An industrial, commercial or residential development shall extend the main(s) the full frontage of the parcel such that the extension shall be along the full frontage of the parcel when only a portion of the property is currently served by existing mains. Construction of a single-family residence on a parcel not associated with a subdivision, PUD or parcel map development and currently served by an existing main will not require extension of the main(s). Construction of a single-family residence on a corner lot not associated with a subdivision, PUD or parcel map development will require extension along one street frontage only.

E.

Mains shall be replaced along the full frontage of a parcel to be developed when existing mains do not meet the minimum size per the provisions of Title 12. Mains and services shall be replaced by the developer along the full frontage of the parcel to be developed when it is determined by the utilities director or designee that existing mains and services are in a deteriorated condition and require replacement. The replacement of deteriorated mains shall be at the expense of the utilities department.

2.

Participation. The applicant is responsible for the construction of the sewerline system (or the sewerline system costs) along any of the property sides or frontages of the property along which a sewerline is needed for the overall completeness and continuity of the city's sewer main system. The applicant is responsible for the necessary and required system of sewerline within the interior of the tract of land.

The applicant shall construct all needed sewerlines (of approved sizes) within and along all sides or frontages of any piece of property prior to final approval of the development or the issuance of any certificate of occupancy. "Phased" construction of the sewerline system may also be specifically allowed if provided for in a development agreement between the applicant and the city. In lieu of actually constructing said required sewerline system, the applicant shall obtain a bond in a form acceptable to the city to fully cover 150 percent of the estimated cost of the sewer system. The applicant may also present a cash deposit, letter of credit, or similar method of financing the costs, but in that event the estimated costs shall be based upon one hundred fifty percent (150%) of city's cost of construction which would include statutorily required wage rates.

Wherever an applicant is required to construct a sewerline from the applicant's respective property to the nearest sewerline outside of the applicant's respective property, and where, in the opinion of the utilities director it is necessary that a sewerline be constructed of a larger size than the minimum size needed to serve such property and that such extended sewerline will be or can be used in the collection of sewerage from adjacent properties, the utilities director shall require the applicant to construct the larger size sewerline in accordance with the plans and specifications as approved by the director. Should the city require an oversized sewerline, the city will reimburse the applicant for the costs of the additional sewerline size as long as said line is greater than ten inches (10″) in diameter, as set forth in a sewerline extension agreement or a development agreement. The applicant shall be responsible for the cost of the size of mains required to serve the development or a ten-inch (10″) sewer main, whichever is greater. The city shall be responsible for costs of oversizing of sewer mains greater than ten inches (10″).

When the city agrees to pay for an increase in sewerline size, at least three (3) proposals, signed and prepared by a contractor, shall be required which show the comparable cost of the incremental increase requested by the city. The city shall select the proposal most beneficial to it. The city reserves the right to reject the bids if the cost differentials exceed prices paid by the city on similar installations. In no event shall city pay more than the lowest proposal presented. Prior to construction, the applicant shall submit three (3) bids from qualified contractors attached to the application for participation, unless due to extraordinary circumstances three (3) bids are not available due to specialized construction. The bids shall be itemized and include cost differentials for all items to be included in the participation. Failure to provide the itemized bids will exempt the installation from participation.

3.

Reimbursement. If the applicant must extend the sewerline system through another's property or along the frontages of another's property or along the frontages of various intermediate property owners, and if said properties are not currently served by the city's sewer system, then said intermediate and benefiting property owners shall be responsible when development commences or connection is made for a pro rata share of the costs of the sewerline extension.

When the applicant is required to extend a sewerline, he shall "front-end" the entire cost of the sewerline construction and shall be responsible for the actual construction of said sewerline. Any owners of properties to be served by the extended sewerline will thereafter be responsible for reimbursing the first property owner for a pro rata share of the costs of the sewerline system at the time said subsequent owners begin to plat, parcel, develop or build upon their parcels.

The pro rata shares for the applicant and all subsequent owners benefited by the extended sewerline shall be determined prior to the city entering into the reimbursement agreement. The city shall collect a fifteen percent (15%) administrative fee from the applicant who front-ended the sewerline construction upon reimbursement by deducting the fifteen percent (15%) administrative fee from the subsequent owners pro rata share prior to reimbursement to the applicant by the city.

The reimbursement agreement shall become null and void ten (10) years from the date of board of supervisors approval.

In no event shall any owners of the property to be served by such extended sewerlines be permitted to connect thereto without first paying to the applicant or the city the pro rata share of the costs described above as well as all other fees required by the city.

The applicant shall submit three (3) bids prior to construction from qualified contractors attached to the application for reimbursement, unless due to extraordinary circumstances three (3) bids are not available due to specialized construction. The bids shall be itemized and include costs for all items to be installed (i.e., pipe, manholes, etc.). Failure to provide the itemized bids will exempt the installation from reimbursement. Construction costs eligible for reimbursement are limited to engineering, contractor's bid, construction staking by an engineer or surveyor, permit, inspection and testing fees. The applicant's administration costs are not eligible for reimbursement. Upon approval of a reimbursement agreement by the board of supervisors, the agreement will be administered by the public works department.

Single-family homes on property zoned single-family existing at the time of application for a reimbursement agreement shall be exempt from the provisions of the agreement. When an existing single-family home is on a parcel which has adequate area to be divided per the current zoning or master plan designation of the parcel, the area which could be divided for new development will be required to be included in the reimbursement agreement.

The area of parcels not currently adjacent to a main shall be utilized to determine percentage of reimbursement required.

4.

Any facilities installed pursuant to subsections 1 through 3 of this section are the property of the city upon inspection and approval of the city.

5.

Lateral Installation, Maintenance and Reimbursement. Whenever the city, or a contractor hired by the city, extends a sewer main along the frontage of any property not connected to the city sewer system, the city may elect to install a sewer lateral or wye or both within the public right-of-way or easement adjacent to the property. If such a lateral or wye is installed by the city or its contractor, the property owner shall reimburse the city for the costs of the installation prior to connection of the property owner's sewer system to the sewer main. For the purposes of this section the costs which must be reimbursed are the costs incurred by the city at the time of the installation and include the city's final contract cost for the lateral or wye and any required pavement replacement. The payment of these costs by the owner does not affect the owner's duty to pay other regular utility connection charges and this section does not affect the duty of the owners of property to install, maintain and repair sewer laterals in the public right-of-way or easement which serve their property.

(Ord. 1995-36 § 3, 1995: Ord. 1995-14 § 6, 1995: Ord. 1993-48 §§ 1 (part), 2, 1993: Ord. 1988-7 § 1, 1988: Ord. 1980-22 § 5 (part), 1980).

1.

Whenever any person provides water for any real property owned by him or under his control, or whenever any person uses any such water, either or both of such persons shall maintain a meter system which shall accurately record the amount of water used.

2.

Such records shall be open to inspection by any authorized employee of the city and shall be used as the basis for any fees or charges for the use of such sewer system as may be required by Chapter 12.03 of the Carson City municipal code.

(Ord. 1980-22 § 5 (part), 1980).

For the purposes of this chapter, the following terms have the meanings ascribed to them in this section unless the context requires otherwise:

1.

"Act" or "the Act" means the Federal Water Pollution Control Act Amendments of 1972 (P.L. 92-500; 33 U.S.C. 1251, et seq.).

2.

"Approved" means approval by the director or Board as a result of investigation and tests conducted by them, or by reason of accepted principles or tests by national authorities, technical or scientific organizations.

3.

"Authorized representative" or "duly authorized representative" of the user means:

(a)

If the user is a corporation or LLC:

(1)

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

(2)

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

(b)

If the user is a partnership or sole proprietorship, a general partner or proprietor, respectively.

(c)

If the user is a Federal, State, or local governmental facility, the director or highest official appointed or designated to oversee the operation and performance of the activities of the government facility, or their designee.

(d)

The individuals described in paragraphs (a) through (c) above may designate a duly authorized representative if the authorization is in writing, the authorization specifies the individual or position responsible for the overall operation of the facility from which the discharge originates or having overall responsibility for environmental matters for the user, and the written authorization is submitted to the ECA.

4.

"Best management practices" or "BMPs" means schedules of activities, prohibitions of practices, maintenance procedures and other management practices to implement the prohibitions listed in section 12.06.410. BMPs include treatment requirements, operating procedures, and practices to control plant site runoff, spillage or leaks, sludge or waste disposal or drainage from raw materials storage.

5.

"Biochemical oxygen demand" or "BOD" means the quantity of oxygen utilized in the biochemical oxidation of organic matter under standard laboratory procedure in five (5) days at twenty degrees Celsius (20°C), expressed in milligrams per liter.

6.

"Board" means the Carson City Board of Supervisors.

7.

"Boiler blowoff" means the condensed steam or hot water from a boiler when blown off to remove scale and slime or blown down from cleaning and repair.

8.

"Categorical pretreatment standard" or "categorical standard" is any regulation containing pollutant discharge limits promulgated by EPA in accordance with sections 307(b) and (c) of the Act (33 U.S.C. § 1317) that apply to a specific category of users and that appear in 40 C.F.R. Chapter I, Subchapter N, Parts 405-471.

9.

"City" means Carson City, a consolidated municipality.

10.

"Chemical oxygen demand" or "COD" means the quantity of chemically oxidizable material in wastewaters as determined by standard laboratory procedure, expressed in milligrams per liter.

11.

"Department" means the Carson City Department of Public Works.

12.

"Director" means the Department director or the director's designee.

13.

"Discharge" means the addition of a pollutant or effluent, from a nondomestic source, to water, the treatment works or an individual sewage disposal system.

14.

"Discharge limitation" means any applicable state, federal, or City discharge standard or limitation which imposes any restriction or prohibition on quantities, rates or concentrations of pollutants into the City's treatment works.

15.

"Effluent" means sewage, industrial or any other waste, pollutant, or water whether treated or untreated which is discharged into or permitted to enter the treatment works or an individual sewage disposal system.

16.

"Environmental Control Authority" or "ECA" means the officers and agents of the environmental control section of the Department and the director.

17.

"Indirect discharge" has the same meaning as discharge.

18.

"Individual sewage disposal system" or "ISDS" means a single system of sewage treatment tanks and effluent disposal facilities serving only a single dwelling or other building.

19.

"Industrial business" has the same definition provided at CCMC 12.05.010(5).

20.

"Industrial waste" means wastes resulting from any process of industry, manufacturing, trade or business, or from the development or recovery of any natural resource, that:

(a)

Contains pollutants in toxic amounts as defined in standards issued under section 307 (a) of the Act; or

(b)

Is found by the ECA to have significant impact, either singly or in combination with other wastes, on the treatment works, including but not limited to interference or pass through.

21.

"Interference" means discharge that, alone or in conjunction with a discharge or discharges from other sources, inhibits or disrupts the treatment works, its treatment processes or operations or its sludge processes, use or disposal and, therefore, is a cause of a violation of the City's NPDES permit or of the prevention of sewage sludge use or disposal in compliance with any of the following statutory/regulatory provisions or permits issued thereunder, or any more stringent State or local regulations: section 405 of the Act; the Solid Waste Disposal Act, including Title II commonly referred to as the Resource Conservation and Recovery Act; any State regulations contained in any State sludge management plan prepared pursuant to Subtitle D of the Solid Waste Disposal Act; the Clean Air Act; the Toxic Substances Control Act; and the Marine Protection, Research, and Sanctuaries Act.

22.

"New source":

(a)

Means any building, structure, facility or installation from which there is or may be a discharge of pollutants, the construction of which is commenced after the publication of proposed regulations prescribing a section 307(c) (33 U.S.C. § 1317) categorical pretreatment standard which will be applicable to such source, if such pretreatment standard is thereafter promulgated in accordance with that section, provided that:

(1)

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

(2)

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

(3)

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

(b)

Construction on a site at which an existing source is located results in a modification rather than a new source if the construction does not create a new building, structure, facility, or installation meeting the criteria of subparagraphs (a)(2) or (a)(3) above but otherwise alters, replaces, or adds to existing process or production equipment.

(c)

Construction of a new source, as defined in this subsection has commenced if the owner or operator has:

(1)

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

(I)

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

(II)

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

(2)?

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

23.

"Pass through" is a discharge which exits the treatment works into waters of the United States in quantities or concentrations which, alone or in conjunction with a discharge or discharges from other sources, is a cause of a violation of any requirement of (1) the City's NPDES permit, including an increase in the magnitude or duration of a violation, or (2) disposal in compliance with any of the following statutory/regulatory provisions or permits issued thereunder, or any more stringent State or local regulations: section 405 of the Act; the Solid Waste Disposal Act, including Title II commonly referred to as the Resource Conservation and Recovery Act; any State regulations contained in any State sludge management plan prepared pursuant to Subtitle D of the Solid Waste Disposal Act; the Clean Air Act; the Toxic Substances Control Act; and the Marine Protection, Research, and Sanctuaries Act.

24.

"Peak flow rate" means the average rate at which wastewater is discharged during the highest thirty (30) minute flow period in the preceding twelve (12) months.

25.

"Permit" or "individual wastewater permit" means a written authorization to discharge pollutants into the City's treatment works in accordance with this chapter, the Act, the Nevada Water Pollution Control Law, and/or the regulations promulgated under the Act or the Nevada Water Pollution Control Law.

26.

"Person" means any individual, partnership, firm, company, corporation, association, trust, estate, joint stock company, commission, board, public or private institution, utility or cooperative, governmental entity, or any other legal entity; or their legal representatives, agents, or assigns. This definition includes all Federal, State, and local governmental entities.

27.

"Pollutant" means waste or any substance that impairs the chemical, physical or biological character or condition of water. The term pollutant includes, but is not limited to, dredged spoil, solid waste, incinerator residue, filter backwash, sewage, garbage, sewage sludge, munitions, medical waste, chemical waste, biological materials, radioactive materials, heat, wrecked or discarded equipment, rock, sand, cellar dirt; municipal, agricultural, and industrial wastes; and certain characteristics of wastewater (e.g. pH, temperature, TSS, turbidity, color, BOD, COD, toxicity, or odor).

28.

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

29.

"Pretreatment requirement" means any substantive or procedural requirement related to pretreatment imposed on a user, other than a pretreatment standard.

30.

"Pretreatment standard" means the standards promulgated under section 307(b) of the Act, including the local prohibited discharge limits established in CCMC 12.06.410.

31.

"Residential wastes" means the kind of waste created through traditional domestic use, which includes human excreta and liquid wastes from kitchens, water closets, lavatories, and laundries.

32.

"Significant industrial user" means:

(a)

A user subject to any categorical pretreatment standard; or

(b)

Any user that:

(1)

discharges an average of twenty-five thousand gallons per day or more of process wastewater to the treatment works (excluding sanitary, non-contact cooling, and boiler blowdown wastewater); or

(2)

contributes a process wastestream which makes up five percent or more of the average dry weather hydraulic or organic capacity of the treatment works' treatment plant; or

(3)

is designated as such by the ECA or City on the basis that the user has a reasonable potential for adversely affecting the treatment works' operation or for violating any pretreatment standard, pretreatment requirement or discharge limitation.

33.

"Significant noncompliance" has the meaning set forth at section 12.06.158 of this chapter.

34.

"Single pass cooling water" means water used for cooling components of heating or cooling equipment that is directly discharged to the City's treatment works.

35.

"Slug load" or "Slug discharge" means any discharge at a flow rate or concentration, which could cause a violation of the prohibited discharge standards in section 12.06.410 of this chapter. A slug discharge is any discharge of a non-routine, episodic nature, including but not limited to an accidental spill or a non-customary batch discharge, which has a reasonable potential to cause interference or pass through, or in any other way violate the treatment works' regulations, local limits or permit conditions.

36.

"Suspended solids" or "SS" means the insoluble solid matter suspended in water or wastewater.

37.

"Treatment works" means treatment works, as defined at 33 U.S.C. § 1292, that are owned by the City. This definition includes any devices or systems used in the collection, storage, treatment, recycling, and reclamation of sewage or wastewater and any conveyances, which convey wastewater to a treatment plant.

38.

"User" or "industrial user" means a source of indirect discharge.

39.

"Waste" means any useless, superfluous or discarded matter which is discharged into the treatment works.

40.

"Wastewater" means liquid and water-carried industrial wastes and sewage from residential dwellings, commercial buildings, industrial and manufacturing facilities, and institutions, whether treated or untreated, which are contributed to the treatment works.

41.

"Working day" means every day except Saturday, Sunday, or a State or City holiday.

(Ord. 1977-12 (part), 1977; Ord. 1978-24 § 1, 1978; Ord. 1985-15 § 1, 1985; Ord. 1993-18 § 1 (part), 1993; Ord. 1996-48 § 1, 1996; Ord. No. 2024-9, § 1, 12-5-2024)

1.

Sections 12.06.030 through 12.06.170 of this chapter prescribe procedural and substantive rules governing this City's wastewater pretreatment program promulgated to protect the City's treatment works, human health and the environment, and to provide a method of controlling discharges to the City's treatment works and water resources.

2.

Industrial businesses that utilize an ISDS must obtain a discharge permit from the ECA for residential wastes and are prohibited from discharging wastewater to that ISDS containing anything other than residential wastes.

(Ord. 1977-12 (part), 1977; Ord. 1996-48 § 2, 1996; Ord. No. 2024-9, § 2, 12-5-2024)

1.

All significant industrial users must first obtain an individual wastewater discharge permit from the ECA before discharging wastewater into the treatment works.

2.

Except as otherwise authorized by a permit issued by the ECA in compliance with the provisions of this chapter, it is unlawful for any person to discharge, or to cause or permit the discharge of, any industrial waste into any portion of the City's treatment works.

(Ord. 1977-12 (part), 1977; Ord. 1993-18 § 1 (part), 1993; Ord. No. 2024-9, § 3, 12-5-2024)

1.

Any person discharging industrial waste, or any industrial business utilizing an ISDS, shall file a complete application no later than sixty (60) days following receipt of notice from the ECA to submit such application.

2.

Any person wishing to commence future discharges of industrial wastes, or any industrial business utilizing an ISDS, must file a complete application either:

(a)

No less than ninety (90) days in advance of the date on which it is desired to commence the discharge; or

(b)

In sufficient time prior to the commencement of the discharge to ensure compliance with this chapter, the Act, the Nevada Water Pollution Control Law, and/or the regulations promulgated under the Act or the Nevada Water Pollution Control Law.

3.

To obtain a City wastewater discharge permit, user shall provide in a permit application the following information to the ECA in the form prescribed by the ECA:

(a)

Name, address and standard industrial classification (SIC) number(s) of the applicant(s) and/or North American Industry Classification System (NAICS) number(s);

(b)

Estimated volume of wastewater to be discharged;

(c)

Waste and wastewater constituents and characteristics as prescribed by the ECA;

(d)

Time, duration and frequency of discharge;

(e)

Site plans, floor plans, mechanical and plumbing plans, and details to show all sewer connections and appurtenances by size, location and elevation as required by the ECA;

(f)

Description of business activities including type of products, raw materials used, variation in operation and number and duties of employees; and

(g)

Any other information as may be deemed by the ECA to be necessary to evaluate the permit application.

4.

The ECA may require the submission of additional information after a permit application has been filed.

5.

Any information submitted to the ECA pursuant to this chapter may be claimed confidential by the submitter. Any such claim must be asserted at the time of submission in the manner prescribed on the application form or instructions, or, in the case of other submissions, by stamping the words "Confidential Business Information" on each page containing such information. If no claim is made at the time of submission, the ECA may make the information available to the public without further notice. Wastewater constituents and characteristics and other effluent data, as defined at 40 CFR 2.302 shall not be recognized as confidential information and shall be available to the public without restriction.

(Ord. 1977-12 (part), 1977; Ord. 1981-18 § 5, 1981; Ord. 1993-18 § 1 (part), 1993; Ord. 1996-48 § 3, 1996; Ord. No. 2024-9, § 4, 12-5-2024)

1.

Application and reporting forms submitted to the ECA shall be signed by an authorized representative.

2.

Each application must contain a certification by the authorized representative certifying that he or she is familiar with the information provided, that to the best of his or her knowledge and belief such information is complete and accurate, and that he or she has the authority to sign and execute the application.

(Ord. 1977-12 (part), 1977; Ord. 1993-18 § 1 (part), 1993; Ord. No. 2024-9, § 5, 12-5-2024)

No permit may be issued which authorizes a user to—and no person, including users, shall—introduce, or cause or permit to be introduced, into the treatment works the following wastes, pollutants, or discharges:

1.

Any radiological, chemical or biological warfare agent;

2.

Wastes which create fire or explosion hazard in the treatment works;

3.

Waste with a pH lower than 5.5 standard units or higher than 10.0 standard units, or other waste which, even if within the permissible pH range, the ECA determines will cause corrosive structural damage to treatment works or result in corrosion or some other hazard to treatment works structures, collection systems, equipment or personnel;

4.

Solid or viscous wastes which would cause obstruction to the flow in or to the treatment works, or other disruption to the proper operation of the treatment works;

5.

Discharges which exceed the discharge limitations as listed in section 12.06.410;

6.

Wastewater containing concentrations in excess of one thousand (1,000) mg/l BOD, one thousand (1,000) mg/l suspended solids, or two thousand (2,000) mg/l COD. This limit shall not apply to septic tank carriers that discharge sewage at a City wastewater treatment plant. A septic tank carrier proposing to discharge septic tank wastes at a City wastewater treatment plant must first secure a permit from the City;

7.

Any water added for the purpose of diluting wastes which would otherwise exceed applicable maximum concentration limitations;

8.

Any single-pass cooling waters at a rate in excess of one (1) gpm (gallon per minute);

9.

Any boiler blowoff exceeding one-third (⅓) of the makeup water;

10.

Deionized water, steam condensate or distilled water at a rate in excess of one (1) gpm;

11.

Any substance promoting or causing the promotion of toxic gases;

12.

Any wastes requiring an excessive quantity of chlorine or other chemical compound used for disinfection;

13.

Any waste producing excessive discoloration of wastewater or treatment plant effluent;

14.

Any recognizable portions of the human anatomy;

15.

Any pollutant or wastewater causing interference or pass through;

16.

Heat in amounts which will inhibit biological activity at the City's treatment works but in no case heat in such quantities that the temperatures at the treatment works influent exceeds eighty (80) degrees F;

17.

Which the ECA determines is inconsistent with the rules, regulations and ordinances promulgated by the Board;

18.

Any industrial wastes to an ISDS; or

19.

Petroleum oil, nonbiodegradable cutting oil, or products of mineral oil origin, in amounts that will cause interference or pass through.

(Ord. 1977-12 (part), 1977; Ord. 1978-24 § 2, 1978; Ord. 1981-18 § 6, 1981; Ord. 1985-15 § 2, 1985; Ord. 1993-18 § 1 (part), 1993; Ord. 1996-48 § 4, 1996; Ord. No. 2024-9, § 6, 12-5-2024)

The terms and conditions of each issued permit must provide for and ensure the following:

1.

That all discharges authorized by the permit are consistent with the terms and conditions of the permit; that user facility expansions, production increases or process modifications which result in new or increased discharges are reported by submitting a new permit application or, if such new or increased discharge does not violate discharge limitations specified in the permit, by submission to the ECA of a notice of such new or increased discharge or pollutants; that the discharge of any pollutant not identified and authorized by the permit, or the discharge of any pollutant more frequently than or at a level in excess of that identified and authorized by the permit, constitutes a violation of the terms and conditions of the permit;

2.

That the permit may be modified, suspended or revoked in whole or in part during its term for cause including, but not limited to, the following:

(a)

Violation of any terms or conditions of the permit,

(b)

Obtaining a permit by misrepresentation or failure to disclose fully all relevant facts, or

(c)

A change in conditions, or the existence of a condition, which requires either a temporary or permanent reduction or an elimination of the permitted activity;

3.

That the permittee shall permit the ECA, upon the presentation of credentials:

(a)

To enter upon the permittee's premises in which a discharge source is located or in which any records are required to be kept under terms and conditions of the permit,

(b)

To have access to and copy any records required to be kept under terms and conditions of the permit,

(c)

To inspect the entire premises and any monitoring equipment or method required in the permit, or

(d)

To sample and test any discharge;

4.

That the permittee at all times shall maintain in good working order and operate as efficiently as possible any facilities or systems of control installed by the permittee to achieve compliance with the terms and conditions of the permit;

5.

That if a discharge limitation is established, including but not limited to under 307(a) of the Act, for a pollutant which is present in the permittee's discharge and such standard or prohibition is more stringent than any limitation upon such pollutant in the permit, the ECA shall revise or modify the permit in accordance with the discharge limitation and so notify the permittee;

6.

That if a pretreatment standard or categorical standard is established, including but not limited to under 307(b) and (c) of the Act, for a pollutant which is present in the permittee's discharge and such standard is more stringent than any limitation upon such pollutant in the permit, the ECA shall revise or modify the permit in accordance with the pretreatment standard or categorical standard and so notify the permittee;

7.

That when it becomes necessary or desirable to discharge into the treatment works any waste from any source which does not conform to the requirements outlined in section 12.06.410, it may be required, upon determination of the ECA, that before such waste may be discharged into the treatment works, the producer thereof shall pretreat such waste at the producer's own expense to the extent that the effluent does not exceed the concentrations listed in section 12.06.410. Examples of such pretreatment include grease traps, chemical or biological plants, sedimentation chambers and any other devices which effect a change of any nature in the waste being treated prior to discharge. Any and all such devices and equipment are subject to the approval of the ECA, shall not be put into operation without a written permit of approval issued by the ECA, shall be provided with all necessary features of construction to permit inspection of operations and testing of waste passing through them, and shall be open to the inspection of the ECA at any time; but the producer in lieu of the treatment of the sewage as described herein may, with the written approval of the ECA being first obtained, discharge the sewage, waste or other matter into the sewage system subject to the provisions of sections 12.06.421, 12.06.431 and/or 12.06.432 and subject to the payment of the additional cost of the treatment thereof, as provided for in section 12.06.421.

(Ord. 1977-12 (part), 1977; Ord. 1978-24 §§ 3, 4, 1978; Ord. 1981-18 § 7, 1981; Ord. 1993-18 § 1 (part), 1993; Ord. No. 2024-9, § 7, 12-5-2024)

The duration of the permits is fixed and must not exceed five years from the effective date of the permit. The expiration date, issuance date and effective date must be recorded on each permit issued. An application must be filed with the Department to obtain modifications to the permit, including changes to processes or waste streams. No permit shall be assigned or transferred without first obtaining the written permission of the ECA.

(Ord. 1977-12 (part), 1977; Ord. 1978-24 § 5, 1978; Ord. 1993-18 § 1 (part), 1993; Ord. No. 2024-9, § 8, 12-5-2024)

1.

In order to determine the existence, nature and frequency of any discharges to the City's treatment works, the ECA may, by order or permit, require any user to:

(a)

Establish and maintain records;

(b)

Make reports;

(c)

Install, calibrate, use and maintain monitoring equipment or methods, including, where appropriate, biological monitoring methods;

(d)

Provide other information relating to discharges.

2.

Individual wastewater discharge permits may contain, but need not be limited to, the following conditions: requirements for the installation of pretreatment technology, pollution control, or construction of appropriate containment devices, designed to reduce, eliminate, or prevent the introduction of pollutants into the treatment works.

3.

The cost of all testing and sampling as may be required by the ECA must be provided and paid for by the discharger.

4.

Monitoring facilities and equipment.

(a)

ECA monitoring of user facilities and equipment may be required of any user in order to allow inspection, sampling and flow measurement of the discharge entering the treatment works.

(b)

When more than one user can discharge into a common point of entry for the treatment works, the ECA may require installation of separate monitoring facilities or equipment for each user. Also, when in the judgment of the ECA, there is significant difference in wastewater constituents and characteristics produced by different operations or processes of a single user, the ECA may require that separate monitoring facilities or equipment be installed to separately monitor such differing discharges.

(c)

Monitoring facilities that are required to be installed shall be constructed, operated and maintained at the user's expense. The purpose of the facility or equipment is to enable inspection, sampling and flow measurement of wastewaters produced by a user.

(d)

If sampling or metering equipment is also required by the ECA, it shall be provided, installed and operated at the user's expense.

(e)

The monitoring facility or equipment will normally be required to be located on the user's premises outside of the building. The ECA, however, may allow the monitoring facility to be constructed in the public street or public sidewalk area, when such a location would be required in order to enact a categorical pretreatment standard, or when a location on the user's premises is determined by ECA to be impractical, or to cause undue hardship to the user.

(f)

If the monitoring facility or equipment is inside the user's fence, there shall be accommodations to allow safe and immediate access for City personnel, such as a gate secured with a City lock. There shall be ample room in or near such facility or equipment to allow accurate sampling as required by the permit or ECA. The entire facility and the sampling and measuring equipment shall be maintained at all times in a safe and proper operating condition by and at the expense of the user.

(g)

Whether constructed on public or private property, all monitoring facilities and equipment shall be constructed in accordance with the City's requirements.

(h)

When, in the judgment of the ECA an existing user requires new, additional, or modified monitoring facilities or equipment, the user will be so notified in writing.

(i)

Construction and/or installation must be completed within 90 days following written notification unless a time extension is otherwise granted by the ECA.

5.

Monitoring reports.

(a)

Within 90 days following the date for final compliance with applicable discharge limitations, or in case of a new source following commencement of the introduction of wastewater into the treatment works, any user subject to such discharge limitations shall submit to the ECA a report indicating the nature and concentration of all pollutants discharged to the treatment works, in accord with the user's permit and/or ECA direction.

(1)

The user's report will include reporting on the discharge from any regulated processes which are limited by the discharge limitations and the average and maximum daily flow from these process units in the user facility which are limited by such standards or discharge limitations.

(2)

The report shall state whether the applicable limitations are being met on a consistent basis, and, if not, what additional operation and maintenance and/or pretreatment is necessary to bring the user into compliance with the applicable limitations.

(3)

In cases where the pretreatment standard requires compliance with a best management practice or pollution prevention alternative, the user must submit documentation required by ECA or the pretreatment standard necessary to determine the compliance status of the user.

(4)

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

(b)

Any user subject to a discharge limitation after the compliance date of such discharge limitation, or, in the case of a new source after commencement of the discharge to the City's treatment works, shall submit to the ECA during the months of July and January, unless required more frequently by the ECA, a report indicating the nature and concentration of pollutants in the effluent which are limited by such discharge limitations.

(1)

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

(2)

In addition, this report shall include a record of all daily flows which, during the reporting period, exceeded the average daily flow reported, as required under the permit.

(3)

At the discretion of the ECA, and in consideration of such factors as local high or low flow rates, holidays, budgets and cycles, the ECA may agree to alter the months during which the above reports are to be submitted.

(4)

The ECA may impose mass limitations on users which are using dilution to meet applicable discharge limitations or in other cases where the imposition of mass limitations is appropriate. In such cases, the report required by the above paragraphs shall indicate the mass of pollutants regulated by the discharge limitations in the effluent of the user. These reports shall contain the results of sampling and analysis of the discharge, including the flow and nature of concentration, or production and mass, where requested by the ECA, of pollutants contained therein which are subject to discharge limitations.

(5)

The frequency of monitoring shall be prescribed in the permit.

(6)

Zero Discharge - A user that does not discharge anything to the treatment works except sanitary waste is considered a zero discharge industry. These users are inspected on the same schedule as discharging industries, and are required to provide a statement each year to certify that they continue to discharge only sanitary waste.

(c)

Within 180 days after the effective date of a categorical pretreatment standard or the final administrative decision made upon a category determination submission under 40 CFR 403.6(a)(4), existing users subject to such categorical pretreatment standards and currently discharging to or scheduled to discharge to the treatment works shall submit a baseline monitoring report containing the information listed in 40 CFR 403.12(b). At least 90 days prior to commencement of discharge to the treatment works, new sources subject to such categorical standards shall submit a baseline monitoring report containing the information listed in 40 CFR 403.12(b). A compliance schedule required as part of a baseline monitoring report shall meet the conditions of 40 CFR 403.12(c).

(d)

Users shall notify in writing the ECA, and the hazardous waste authorities at the U.S. Environmental Protection Agency and the State of Nevada, of any discharge into the sanitary sewers of any substance, which if otherwise disposed of, would be a hazardous waste under 40 CFR 261. This notification does not apply to pollutants already reported under the self-monitoring requirements of section 12.06.090(5) of this chapter.

(e)

All users shall promptly notify the ECA at least 45 days in advance of any substantial changes to user's operations that may alter the nature, quality or volume of their wastewater discharge, including but not limited to changes impacting discharge limitations. The ECA may require the user to submit such information as the ECA deems necessary to evaluate the changed condition, including the submission of a new or modified permit application.

(f)

If sampling performed by a user indicates a violation of a discharge limitation, the user shall notify the ECA within 24 hours of becoming aware of the violation. The user shall also repeat the sampling and analysis and submit the results of the repeat analysis to the ECA within 30 days after becoming aware of the violations, unless ECA requires repeat sampling and analysis to occur sooner and/or with greater frequency.

6.

Users subject to federal reporting requirements shall maintain records of all information resulting from all monitoring activities. Such records shall be maintained in the users' official business records for a minimum of seven years and shall be made available upon request to the ECA for inspection and copying. The required period of record retention may be extended during the course of any unresolved litigation or administrative or regulatory proceeding, including investigations and audits, concerning the user and the City, EPA, NDEP, or other similar agency. Such records shall, at a minimum, outline the following:

(a)

Collection date;

(b)

Collection time;

(c)

Collection point/source;

(d)

Grab/composite sample;

(e)

Name of person(s) collecting the sample;

(f)

Sample preservation method(s);

(g)

Name of laboratory/person(s) performing the analysis;

(h)

Analytical techniques/methods used; and

(i)

Testing for, and results of such analysis.

7.

Except as indicated in subsections 8 and 9 of this section, the user must collect samples using 24-hour flow-proportional composite sampling techniques, unless time- proportional composite sampling or grab sampling is authorized by the ECA.

(a)

User must ensure that all sampling, including time-proportional composite sampling or grab sampling, if authorized by the ECA, must be representative of daily operations, of the conditions occurring during the reporting period, and of the discharge.

(b)

Using protocols (including appropriate preservation) specified in 40 CFR Part 136 and appropriate EPA guidance, multiple grab samples collected during a 24-hour period may be composited prior to the analysis as follows: for cyanide, total phenols, and sulfides the samples may be composited in the laboratory or in the field; for volatile organics and oil and grease, the samples may be composited in the laboratory. Composite samples for other parameters unaffected by the compositing procedures as documented in approved EPA methodologies may be authorized by the ECA, as appropriate.

(c)

ECA may require, at its discretion, that grab samples show compliance with instantaneous limits.

8.

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

9.

For sampling required in support of baseline monitoring reports:

(a)

A minimum of four grab samples must be used for pH, cyanide, total phenols, oil and grease, sulfide and volatile organic compounds for facilities for which historical sampling data do not exist.

(b)

For facilities for which historical sampling data are available, ECA may authorize a lower minimum.

10.

For sampling required in support of baseline monitoring and periodic compliance reports:

(a)

For the periodic monitoring reports established in subsection 6 of this section, the user is required to collect the number of grab samples necessary to assess and assure compliance with applicable pretreatment standards, pretreatment requirements and any other discharge limitations.

(b)

In cases where a pretreatment standard, pretreatment requirement or other discharge limitation requires compliance with a best management practice or pollution prevention alternative, the user must submit documentation required by the ECA to determine the compliance status of the user.

(c)

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

(d)

These reports must be based on sampling and analysis performed in the period covered by the report, and in accordance with the techniques described in Part 136 and amendments, and include all monitoring results for the period covered by the report, including those from monitoring conducted more frequently than required. At the ECA's discretion, this sampling and analysis may be performed by the ECA in lieu of the user.

11.

Users subject to the reporting requirements of this section shall retain, and make available to ECA upon request for inspection and copying, all records of information obtained pursuant to any monitoring activities required by this title, any additional records of information obtained pursuant to monitoring activities undertaken by the user independent of such requirements, and documentation associated with any best management practices established under this chapter.

(a)

Such records shall include:

(1)

Collection date;

(2)

Collection time;

(3)

Collection point/source;

(4)

Grab/composite sample;

(5)

Name of person(s) collecting the sample;

(6)

Sample preservation method(s);

(7)

Name of laboratory/person(s) performing the analysis and date of analysis;

(8)

Analytical techniques/methods used; and

(9)

Testing for, and results of such analysis.

(b)

These records shall remain available for a period of at least seven years. This period shall be automatically extended for the duration of any litigation or administrative or regulatory proceeding, including investigations and audits, concerning the user and the City, EPA, NDEP, or other similar agency.

(Ord. 1977-12 (part), 1977; Ord. 1985-15 § 3, 1985; Ord. 1993-18 § 1 (part), 1993; Ord. 1996-48 § 5, 1996; Ord. No. 2024-9, § 9, 12-5-2024)

1.

The ECA may, after providing user notice and the opportunity for a hearing, modify, suspend or revoke any permit in whole or in part during its term for cause including, but not limited to, the cause listed in section 12.06.070(2) above or for failure or refusal of the user to carry out the requirements of section 12.06.070(3).

2.

The ECA may, upon request of the user, revise or modify a schedule of compliance in an issued permit if the ECA determines good and valid cause (such as an act of God, strike, flood, materials, shortage or other event over which the user has little or no control) exists for such revision and such revision will not materially prejudice the City.

(Ord. 1977-12 (part), 1977; Ord. 1993-18 § 1 (part), 1993; Ord. No. 2024-9, § 10, 12-5-2024)

There is created a board of appeals which shall consist of the five members of the Board.

(Ord. 1977-12 (part), 1977; Ord. 1982-31 § I, 1982; Ord. 1993-18 § 1 (part), 1993; Ord. No. 2024-9, § 11, 12-5-2024)

1.

The duty of the board of appeals is to hold a meeting upon request of the director to review this chapter and make recommendations for upgrading and to review any appeal of the director's interpretation of this chapter and make recommendations concerning those interpretations. Appeals brought before the board of appeals shall be in writing. The board of appeals shall adopt reasonable rules and regulations as necessary to execute its business.

2.

The board of appeals shall meet at the call of the chairman, or at the request of any two (2) members of the board of appeals. This board of appeals shall make such recommendations as are necessary for the improvements of its operation and conduct of business.

3.

All appeals or complaints must be considered by the board of appeals within thirty days of receipt by the ECA.

(Ord. 1977-12 (part), 1977; Ord. 1993-18 § 1 (part), 1993; Ord. No. 2024-9, § 12, 12-5-2024)

1.

A person aggrieved by the issuance, modification, suspension or revocation of a permit by the ECA may file notice of appeal to the board of appeals with the director within ten days after the date of action taken by the ECA, except as otherwise provided by law.

2.

Within thirty days after receipt of the notice, the board of appeals shall hold a hearing to consider a timely and complete appeal filing.

3.

Notice of the hearing shall be given to all affected parties no less than five days prior to the date set for the hearing.

4.

A quorum of the board of appeals must be present in order to conduct hearings.

5.

The attendance of witnesses and the production of documents may be subpoenaed by the board of appeals at the request of any party. Witnesses appearing by subpoena shall receive the fees and mileage allowed witnesses in civil cases. Costs of subpoenas shall be taxed against the requesting party.

6.

All testimony shall be given under oath, and recorded verbatim by human or electronic means.

7.

Costs of transcribing proceedings of the board of appeals shall be taxed against the requesting party.

(Ord. 1977-12 (part), 1977; Ord. 1993-18 § 1 (part), 1993; Ord. No. 2024-9, § 13, 12-5-2024)

1.

The ECA may take any appropriate action against a user or any combination of users discharging to the treatment works whenever the ECA has evidence such discharge or combination of discharges is presenting an imminent and substantial endangerment to the health, safety or welfare of persons, the treatment works, or the environment, including the waters of the State of Nevada.

2.

The emergency powers and remedies provided for in this section are not exclusive.

(a)

The ECA may take any action permitted by law, equity, contract, permit, this chapter, any other chapter of the City's Municipal Code, or any combination thereof, against a user in violation of its pretreatment obligations and causing the ECA to invoke its emergency powers.

(b)

The ECA's enforcement response plan shall not be construed to limit ECA's emergency powers. Enforcement of pretreatment violations will generally be in accordance with ECA's enforcement response plan. However, the ECA may take other action, including exercising its emergency powers, against any user when ECA determines the circumstances of the violation(s) warrant additional or other action.

3.

Any user notified of a suspension of its ability to discharge to the treatment works under the section shall immediately stop or eliminate its discharge(s) to the treatment works. In the event of a user's failure to immediately comply voluntarily with the suspension order, the ECA may take such steps as deemed necessary, including immediate severance of the sewer connection, to prevent or minimize damage to or endangerment of the treatment works, its receiving stream, the environment or people. The ECA may allow the user to recommence its discharge when the user has demonstrated to the satisfaction of the ECA that the period of endangerment has passed.

4.

A user that is responsible, in whole or in part, for any discharge presenting imminent endangerment shall submit a detailed written statement, describing the causes of the harmful contribution and the measures taken to prevent any future occurrence. Nothing in this section shall be interpreted as requiring a hearing prior to any emergency action by the ECA under this section.

(Ord. 1977-12 (part), 1977; Ord. 1993-18 § 1 (part), 1993; Ord. No. 2024-9, § 14, 12-5-2024)

1.

Whenever the ECA finds that any person is engaged, or is about to engage, in any act or practice which violates any provision of this chapter, the ECA will generally take action in accordance with ECA's enforcement response plan. However, the ECA has the discretion to deviate from the enforcement response plan, to take multiple actions based on a single violation, and to otherwise pursue multiple remedies simultaneously against any user when ECA determines the circumstances of the violation(s) warrant additional or other action.

2.

The ECA may take any action permitted by law, equity, contract, permit, this chapter, any other chapter of the City's Municipal Code, or any combination thereof, against a user in violation of this chapter. A non-exhaustive list of ECA's and City's remedies for violations of this chapter include:

(a)

Issue an order:

(1)

Specifying the provision or provisions of the ordinance, permit or order alleged to be violated or about to be violated,

(2)

Indicating the facts alleged which constitute a violation thereof, and

(3)

Prescribing the necessary corrective action to be taken and a reasonable time for completing that corrective action;

(b)

Commence a civil action pursuant to section 12.06.160;

(c)

Request the district attorney to institute by indictment or information a criminal prosecution pursuant to section 12.06.170;

(d)

Issue an administrative notice of violation to include an assessed fine amount, if applicable;

(e)

Issue a citation.

3.

Such remedies and sanctions for the violation of this chapter, or permit or order issued hereunder, are cumulative, and the institution of any proceeding or action seeking any one of such remedies or sanctions does not bar any simultaneous or subsequent action or proceeding seeking any other of such remedies or sanctions.

(Ord. 1977-12 (part), 1977; Ord. 1993-18 § 1 (part), 1993; Ord. No. 2024-9, § 15, 12-5-2024)

1.

A notice of violation may be issued by the ECA to any person who is believed to be in violation of the provisions of this chapter.

2.

A notice of violation must contain the following information regarding the person and the violation(s):

(a)

Name, address and telephone number, if known;

(b)

Factual allegations;

(c)

Specific provisions of this chapter that have been violated;

(d)

If a penalty is assessed, a penalty narrative and calculations must be attached to the notice of violation.

(Ord. 1993-18 § 1 (part), 1993; Ord. No. 2024-9, § 16, 12-5-2024)

1.

Upon receipt of a notice of violation, the person accused has ten working days to request a hearing, in writing, with the environmental control supervisor to provide additional reports, data, statements of any relevant material.

2.

A failure to request a hearing, in writing, within the time allowed is deemed a waiver of the right to be heard.

3.

Upon consideration of evidence provided by the alleged violator during a hearing, the director or director's designee shall, within ten working days, issue a final notice of violation.

4.

Upon issuance of a final notice of violation, the alleged violator shall have ten working days to request, in writing, an appeal to the board of appeals.

(Ord. 1993-18 § 1 (part), 1993; Ord. No. 2024-9, § 17, 12-5-2024)

Whenever the ECA determines that any of the provisions of this chapter have been violated, a citation may be issued to the person responsible for the violation. The citation may be issued by the ECA by any peace officer, officer of the court or other authorized person.

(Ord. 1993-18 § 1 (part), 1993; Ord. No. 2024-9, § 18, 12-5-2024)

1.

The ECA shall publish annually, in a newspaper of general circulation that provides meaningful public notice within the jurisdictions served by the treatment works, a list of the users which, at any time during the previous twelve months, were in significant noncompliance with applicable pretreatment standards and requirements.

2.

The term significant noncompliance shall be applicable to all significant industrial users (or any other user that violates the wastewater regulations as set forth in chapter 12.06 of this title) and means:

(a)

Chronic violations of discharge limitations, with "chronic violations" defined here as those in which 66 percent or more of all the measurements taken for the same pollutant parameter during a six-month period exceed (by any magnitude) a numeric pretreatment standard, pretreatment requirement or other discharge limitation, including instantaneous limits as shown in section 12.06.410 of this chapter.

(b)

Technical review criteria (TRC) violations, defined here as those in which 33 percent or more of wastewater measurements taken for each pollutant parameter during a six-month period equals or exceeds the product of the numeric pretreatment standard or requirement including instantaneous limits, as shown by section 12.06.410 of this chapter multiplied by the applicable criteria (1.4 for BOD, TSS, fats, oils and grease, and 1.2 for all other pollutants except pH);

(c)

Any other violation of a pretreatment standard, pretreatment requirement or discharge limitation of this chapter (daily maximum, long-term average, instantaneous limit, or narrative standard) that the ECA determines has caused, alone or in combination with other discharges, interference or pass through, or otherwise endangered the health of treatment works personnel or the general public.

(d)

Any discharge of a pollutant that has caused imminent endangerment to the public or to the environment, or has resulted in the ECA's exercise of its emergency authority to halt or prevent such a discharge;

(e)

Failure to meet, within 90 days of the scheduled date, a compliance schedule milestone contained in a permit or enforcement order for starting construction, completing construction, or attaining final compliance;

(f)

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

(g)

Failure to accurately report noncompliance with pretreatment standards, pretreatment requirements or discharge limitations; or

(h)

Any other violation(s), which may include a violation of best management practices, which the ECA determines will adversely affect the operation or implementation of the local pretreatment program.

(Ord. No. 2024-9, § 19, 12-5-2024)

1.

The ECA may seek injunctive relief in the appropriate court to prevent the continuance or occurrence of any act or practice which violates this chapter, any permit or order issued hereunder.

2.

Any person who violates or aids, abets, allows or permits the violation of any provision of this chapter, or of any permit or order issued hereunder, shall pay a civil penalty of not more than one thousand dollars ($1,000.00) for each day of such violation.

3.

In addition to the penalty provided in subsection 2 of this section, the Department may recover from such person actual damages to the City resulting from the activity described in subsection 2.

(Ord. 1977-12 (part), 1977; Ord. 1990-4 § 1, 1990; Ord. 1993-18 § 1 (part), 1993; Ord. No. 2024-9, § 20, 12-5-2024)

1.

Any person who knowingly makes any false statement, representation, or certification in any application, record, report, plan or other document filed or required to be filed by this chapter, or by permit or order, or who falsifies, tampers with, or knowingly renders inaccurate any monitoring device or method required to be maintained under this chapter, or by permit or order issued hereunder, is guilty of a misdemeanor and shall be punished by a fine of not more than one thousand dollars ($1,000.00), nor less than one hundred dollars ($100.00), or by imprisonment in the City jail for not more than six (6) months, or by both fine and imprisonment.

2.

Except as provided in subsection 1 of this section, any person who intentionally or with criminal negligence violates this chapter, or permit or order issued hereunder, is guilty of a misdemeanor and shall be punished by a fine of not more than one thousand dollars ($1,000.00) nor less than two hundred fifty dollars ($250.00) for each violation, or by imprisonment in the City jail for not more than six (6) months, or by both fine and imprisonment.

(Ord. 1977-12 (part), 1977; Ord. 1990-4 § 2, 1990; Ord. No. 2024-9, § 21, 12-5-2024)

A.

No person, other than employees of the city, persons contracting to do work for the city, or maintenance workers of the city, shall construct or cause to be constructed, or alter or cause to be altered, any public sewer, lateral sewer, house connection or industrial connection sewer over six inches (6″) in diameter, sewage pumping plant, pollution control plant, or other sewerage facility within the city where existing or proposed wastewater flows will discharge directly or indirectly to facilities of the city without first obtaining approval of sewerage construction plans from the department.

B.

The applicant shall submit to the department for approval construction plans and such specifications and other details as required to describe fully the proposed sewerage facility. The department may require that the plans shall have been prepared under the supervision of and shall be signed by an engineer of suitable training registered in the state of Nevada.

C.

Plans for sewerage construction shall not be approved by the department for any facility which will convey industrial wastewater unless the discharger has first obtained a permit for industrial wastewater discharge.

D.

Plans for sewerage construction shall meet all design requirements of the department and shall also meet all sanitary sewer design standards as established in Sections 12.06.250 through 12.06.390.

E.

Inspection of all sewerage construction under Sections 12.06.180 through 12.06.240 shall be made by personnel of the department.

F.

Approval of plans for sewerage construction shall expire one year after the date of approval unless construction has been initiated.

(Ord. 1977-12 (part), 1977).

A.

Any person desiring to connect a sewer six inches (6″) or smaller in diameter directly to a trunk sewer of the city shall make written application to the department. The applicant shall furnish such information as required by the department to substantiate that the proposed work or use will comply with the provisions of this chapter.

B.

A trunk sewer connection permit will not be issued for any sewer which will convey industrial wastewaters unless the discharger has first obtained a permit for industrial wastewater discharge.

C.

Direct attachment of a sewer six inches (6″) or smaller in diameter to a trunk sewer will be permitted only if the department determines that a suitable local sewer is not available, that adequate trunk sewer capacity exists, that the connection will function properly, and that the connection will not adversely affect existing or anticipated facilities or operations of the city.

D.

Sewers six inches (6″) or smaller in diameter to be attached directly to a trunk sewer shall be constructed in a manner and at the location specified by the department. Inspection of the connections to a trunk sewer shall be made by personnel of the department.

E.

No sewer exceeding six inches (6″) in diameter shall be connected directly to a trunk sewer without the prior approval of plans for sewerage construction, by the department.

(Ord. 1977-12 (part), 1977).

A.

All sewers to be attached directly to a trunk sewer shall be inspected by personnel of the department during construction. At least forty-eight (48) hours prior to cutting into the city sewer, the department shall be notified. In making a connection to a trunk sewer, no physical alteration of the city facilities shall commence until an inspector is present.

B.

Sewerage facilities which will not be directly connected to a city sewer will not be inspected routinely by the department during construction. Upon completion of construction and prior to removal of the downstream bulkhead and upon receiving forty-eight (48) hours' notice, the department will inspect the work to determine if it has been constructed in a satisfactory manner and to determine if all facilities are cleaned of construction debris that could be flushed into the city sewers,

C.

No wastewater shall be discharged into any sewerage facility tributary to a city facility prior to obtaining inspection and approval of sewerage construction by the city.

(Ord. 1977-12 (part), 1977).

No person shall discharge or cause to be discharged any rainwater, storm water, groundwater, street drainage, subsurface drainage, yard drainage, water from yard fountains, ponds, swimming pools (except for filter backwash water), or lawn sprays or any other uncontaminated water into any sewerage facility which directly or indirectly discharges to sewerage facilities owned by the city. Uncovered wash pads draining to the sewerage facilities are limited to six hundred (600) square feet area. Curbs must be constructed around the perimeter of the pad to prevent surface drainage from other areas entering the sewerage facilities and must discharge to an approved sand and oil interceptor.

(Ord. 1993-18 § 1 (part), 1993: Ord. 1990-28 § 1, 1990: Ord. 1985-15 § 4, 1985: Ord. 1977-12 (part), 1977).

No industrial wastewaters shall be discharged to a trunk sewer or to a sewer discharging directly or indirectly to a trunk sewer until a permit for industrial wastewater discharge has been obtained from the ECA.

(Ord. 1993-18 § 1 (part), 1993: Ord. 1977-12 (part), 1977).

No person shall discharge or cause to be discharged the contents of any septic tank or cesspool into any portion of the sewer system, with the exception of the designated area at the wastewater reclamation plant, without written approval of the director or the director's designee.

(Ord. 1993-18 § 1 (part), 1993: Ord. 1987-15 § 1, 1987: Ord. 1978-24 § 6, 1978).

The installation or use of garbage disposals in any commercial or institutional facility is prohibited.

(Ord. 1993-18 § 1 (part), 1993: Ord. 1984-22 § I, 1984).

A.

The department reserves the right to inspect any existing lateral or collecting sewers that discharge wastewater directly or indirectly to trunk sewers. If it is found that such lateral or collecting sewers are improperly used or improperly maintained, thereby causing discharge of septic wastewater, excessive groundwater, debris or any other objectionable substance to the city sewers, the department will give notice of the unsatisfactory condition to the offending discharger and shall direct the condition be corrected.

B.

In cases of continued noncompliance with the department directive, the department may disconnect the offending sewer from the city sewerage system.

(Ord. 1977-12 (part), 1977).

A.

No person shall discharge or cause to be discharged to a trunk sewer, either directly or indirectly, any waste that creates a stoppage, plugging, breakage, any reduction in sewer capacity or any other damage to sewers or sewerage facilities in the city. Any excessive sewer or sewerage maintenance expenses or any other expenses attributable thereto will be charged to the offending discharger by the city.

B.

Any refusal to pay excessive maintenance expenses duly authorized by the city shall constitute a violation of this chapter.

(Ord. 1977-12 (part), 1977).

1.

New Businesses.

a.

Except as otherwise provided in paragraph b. of this subsection, all businesses issued an initial wastewater discharge permit after April 1, 2008 dealing in food service of any kind shall install an approved grease interceptor in accordance with the Uniform Plumbing Code.

b.

The Public Works Director or designee may, for a business issued an initial wastewater discharge permit after April 1, 2008 which deals in limited food service, exempt such a business from this requirement if the Public Works Director or designee determines that the potential to discharge fat, oil, and grease waste to the sewer system is not expected to occur. For the purposes of this section, "limited food service" means serving pre-packaged food items, use of disposable utensils and other service ware, food items prepared and service utensils and equipment cleaned off-site at an approved location. The owner of the business shall submit a signed agreement to the Public Works Director or designee, detailing how the business satisfies the requirements for the exemption and that the owner agrees that if the food service level changes, creating the potential to discharge fats, oils, and greases to the sewer system, the owner shall install an approved grease interceptor. This agreement will be part of the owner's wastewater discharge permit.

2.

Existing Permitted Businesses.

a.

All businesses issued an initial wastewater discharge permit before April 1, 2008 dealing in food service that cause an increase in the amounts of fats, oils and greases discharged to the sewer system or which create excessive sewer system maintenance as a result of adding, changing or removing equipment related to the plumbing system of the location of the business or by changing food service, will require an approved grease interceptor and all other appurtenances required by the Uniform Plumbing Code. For the purposes of this section, "excessive maintenance" occurs when Public Works is required to clean any section of the sewer system every two (2) months or more due to excessive accumulations of fats, oils, and greases.

b.

The Public Works Director or designee may exempt such a business from installing an approved grease interceptor upon sale or remodeling, if the Public Works Director or designee determines that the process of food service for this business will not change from what was originally approved or that the additional food preparation equipment and food services provided will not increase the sewer discharge of fats, oils and greases. The owner of the business shall submit a signed agreement to the Public Works Director or designee, detailing how the business satisfies the requirements for the exemption and that the owner agrees that, if the food service level changes, creating the potential for the increase of the discharge of fats, oils, and greases to the sewer system, the owner shall install an approved grease interceptor. This agreement will be part of the owner's wastewater discharge permit.

3.

Emulsifiers and Enzymes. Grease emulsifiers or enzymes are prohibited for use in grease interceptors or traps.

(Ord. 1987-15 § 2, 1987: Ord. 1984-22 § II, 1984).

(Ord. No. 2008-27, § I, 7-17-2008)

All businesses with wash pads or the potential to discharge petroleum products or excessive suspended solids shall install an approved sand and oil interceptor in accordance with the Uniform Plumbing Code.

(Ord. 1993-18 § 1 (part), 1993: Ord. 1985-15 § 5, 1985: Ord. 1984-22 § III, 1984).

A.

Self-serve car washes with three (3) or fewer bays must have at least a one thousand five hundred (1,500) gallon interceptor. The size of the interceptor required by this section shall be increased by five hundred (500) gallons per bay for every additional bay above three (3).

B.

Automatic car washes are required to submit an engineering study of water use and discharge, reflecting water conservation methods and wastewater discharge compliance with Section 12.06.410 of this chapter, prior to approval.

(Ord. 1993-18 § 1 (part), 1993).

Any commercial or institutional facility in Carson City which stores or accumulates any new or used product, which has the potential to impact the treatment works or sewer system or contaminate soil or groundwater, must have secondary containment for the product.

Secondary containment for indoor storage areas shall be designed to contain a spill from the largest vessel plus the design flow volume of fire protection water calculated to discharge from the fire-extinguishing system over the minimum required system design area or area of the room or area in which the storage is located, whichever is smaller. The containment capacity shall be designed to contain the flow for a period of 20 minutes.

Secondary containment for outdoor storage areas shall be designed to contain a spill from the largest individual vessel. If the area is open to rainfall, secondary containment shall be designed to include the volume of a 24-hour rainfall as determined by a 25-year storm and provisions shall be made to drain accumulations of groundwater and rainwater.

The new or used product includes but is not limited to engine oil, anti-freeze, solvents, hydraulic fluids, fuels and sludges. Each container must, at a minimum, be labeled identifying the contents.

This section does not exempt any commercial or institutional facility from complying with any other applicable state, federal or local laws or regulations. Any person generating hazardous waste within the boundaries of Carson City shall comply with Chapter 40 of the Code of Federal Regulations, Part 262.

(Ord. 1993-18 § 1 (part), 1993; Ord. No. 2024-9, § 22, 12-5-2024)

The department shall approve plans for new systems, extensions or replacement of sewers only when designed upon a separate plan, in which storm water from roofs, streets, and other areas and groundwater from foundation drains are excluded, and when it is demonstrated that the requirements of this chapter have been complied with.

(Ord. 1993-18 § 1 (part), 1993: Ord. 1977-12 (part), 1977).

In general, sewer systems shall be designed for the estimated ultimate tributary population, except in considering parts of the system that can be readily increased in capacity. Similarly, consideration shall be given to the maximum anticipated capacity of institutions, industrial parks, residential subdivisions, etc.

(Ord. 1977-12 (part), 1977).

In determining the required capacities of sanitary sewers, the following factors shall be considered:

A.

Maximum hourly sewage flow;

B.

Additional maximum sewage or waste flow from industrial plants, institutions, residential subdivisions, etc.;

C.

Groundwater infiltration;

D.

Topography of area to be sewered;

E.

Location of waste treatment plant;

F.

Depth of excavation;

G.

Pumping requirements.

(Ord. 1977-12 (part), 1977).

A.

Per Capita Flow. New sewer systems shall be designed on the basis of the most recent zoning and master plan, using the following minimum daily per capita contributions:

* Gallons per capita per day

B.

Population Densities. The following are minimum equivalent population densities for use in computing typical sewage contributions:

A report on estimated sewage flow shall be submitted for each proposed project. When deviations from the foregoing per capita flows and occupancy rates are demonstrated, a description of the design shall be included in the report, and the department may allow such deviations. Flow generation and peaking factors may be per recommended standards for wastewater facilities (ten states standards).

(Ord. 1995-36 § 4, 1995: Ord. 1977-12 (part), 1977).

A.

No public sewer shall be less than eight inches (8") in diameter.

B.

No individual sewer service connection shall be less than four inches (4″) in diameter.

(Ord. 1977-12 (part), 1977).

A.

All gravity sewers must be so designed and constructed to give mean velocities for the design condition, when flowing full or half full, of not less than two feet (2′) per second minimum nor more than ten feet (10′) per second maximum.

B.

Mannings formula shall be used in determining the slope, velocity, design flow and diameter using "n" coefficients for the appropriate pipe material to be used. Mannings "n" for PVC is thirteen thousandths (0.013). The minimum pipe slope for eight-inch (8″) pipe is four tenths of a percent (0.4%).

C.

Under special conditions, when detailed justifiable reasons are given, slopes slightly less than those required for the minimum two (2)-feet-per-second velocity when flowing half full may be permitted. Whenever such decreased slopes are considered, the design engineer must furnish, with a report, his or her computations of the depths of flow in such pipes at minimum, average and daily or hourly rates of flow. It must be recognized that decreased slopes may cause additional sewer maintenance effort.

D.

For pipe slopes less than four-tenths of a percent (0.4%), the design engineer shall place the following note on each plan/profile sheet with slopes less than four-tenths of a percent (0.4%): "The contractor shall use due care in installing sewer mains. Manhole location and invert elevations shall be laid out in the field by a professional engineer or land surveyor for slopes less than 0.4%. Sewer mains will be televised after installation; any areas of ponding water will require removal and replacement at the contractors expense."

E.

Minimum pipe slope for dead end sewers shall be five tenths of a percent (0.5%) unless it can be shown by calculations that the velocity in the pipe is two (2) fps or greater unless waived by the utilities director or designee.

(Ord. 1995-36 § 5, 1995: Ord. 1993-18 § 1 (part), 1993: Ord. 1977-12 (part), 1977).

A.

Sewers shall be located within paved public streets and alleys except when the use of an easement is specifically approved by the department.

B.

New sewers shall generally be located reasonably parallel to and in an area on one side of the street centerline. In existing streets, the location will be dependent on the location of existing utilities and approval by the department.

C.

Individual sewer service connections are to be tapped into the sewer main downstream and not into the manhole unless approved by the department.

D.

Sewer easements are to be a minimum width of twenty feet (20′) for pipe, eight inches (8″) to twelve inches (12″) in diameter. Larger pipe sizes require larger easements sufficient for equipment to install, remove or maintain the pipe. The easement width shall be determined by pipe width, required trench clearance and excavated side slopes not less than 1:1 horizontal to vertical. An all weather maintenance road may be required by the utilities director or designee for the purposes of maintenance and operation access. A minimum width of eight feet (8′) with four inches (4″) compacted aggregate base is required.

(Ord. 1995-36 § 6, 1995: Ord. 1977-12 (part), 1977).

A.

Horizontal. Sewer line less than twenty-four inches (24″) in diameter shall be straight between manholes and generally parallel with the street or easement centerline whenever possible.

Sewer lines twenty-four inches (24″) and larger may be considered for horizontal curvature when approved by the department.

B.

Vertical. Sewer lines with vertical curvature shall not be allowed.

(Ord. 1977-12 (part), 1977).

Standard manholes shall be installed at the end of each line with continuing stub-out; at all intersections of other sewer lines; at all changes in grade, size, or alignment.

A.

Spacing. Maximum spacing for manholes shall be four hundred feet (400′) for all lines smaller than fifteen inches (15″), and five hundred feet (500′) for lines fifteen inches (15″) to twenty-four inches (24″), and six hundred feet (600′) for twenty-four inches (24″) and larger.

B.

Increasing Size. When a smaller sewer flows into a larger sewer, the invert of the larger sewer shall be lowered sufficiently to maintain the same energy gradient. An approximate method for obtaining this result is to place the crown at the same elevation for both pipes. The average energy gradient line shall be derived from anticipated full flow capacities of the pipes.

C.

Drop Manholes. A drop connection shall be provided for a sewer entering a manhole at an elevation two feet (2′) or more above the manhole invert. When the difference in elevation between the incoming sewer and the manhole invert is less than two feet (2′), the manhole invert shall be filleted and channeled to prevent deposition of solids. The drop connection shall be constructed in accordance with standard detail requirements for manhole installation. Supporting calculations for hydraulic efficiency through manholes that do not meet the above requirements shall be submitted to the department for approval. Drop manholes shall be sixty-inch (60″) diameter.

D.

General. Manholes shall be installed at the end of all sewer mains, at all intersections of mains, and changes of grade, size, or alignment. One (1) foot stubs shall be provided at manholes for sewer mains which may be extended in the future. When extending a sewer main from an existing manhole without a stub, the existing manhole base shall be removed and replaced. Sewer mains entering manholes shall have a minimum one-tenth of a foot (0.1′) of fall across the manhole and a maximum two-tenths of a foot (0.2′) of fall across the manhole. Two-tenths of a foot (0.2′) of fall may be exceeded when matching crowns of different pipe diameters. Manholes with the angle between the entering sewer main and existing sewer main less than seventy-five degrees (75°) shall be sixty inches (60″) diameter and maintain two-tenths of a foot (0.2′) of fall.

Watertight manhole covers shall be used in designated floodplains and in locations where covers may be flooded by local runoff.

E.

Dead End Sewers. Dead end sewers shall generally end in a manhole. Dry sewers which will be extended at a future date and installed without a manhole shall be certified as-built for line and grade by a Nevada professional engineer or land surveyor prior to backfill.

F.

Each parcel shall be served by a separate sewer service lateral unless otherwise approved by the utilities department.

G.

Sewer service laterals shall be located as per standard detail title "Typical Utility Laterals Locations," unless otherwise approved by the utilities department. All service laterals, except those located in cul-de-sacs, shall be installed perpendicular to the main.

H.

Sewer service laterals are not to be connected to manholes without prior approval of the utilities department.

I.

Sewer service laterals shall not be directly connected to sewer interceptors and sewer service laterals shall not be directly connected to sewer interceptor manholes without prior approval by the utilities department. A "sewer interceptor" is defined as any sewer main larger than twelve inches (12″) in diameter. Sewer service laterals may be connected to a parallel sewer main which is connected to an existing interceptor manhole.

(Ord. 1995-36 § 7, 1995: Ord. 1977-12 (part), 1977).

The design of siphons shall not be undertaken until approved by the department. The siphons shall not have less than two (2) barrels, with a minimum pipe size of eight inches (8″), and shall be provided with the necessary appurtenances for convenient flushing and maintenance. The manholes shall have adequate clearances for rodding. Sufficient head and pipe sizes shall be designed to obtain minimum velocities of three feet (3′) per second for average flow. The inlet and outlet details shall be arranged so that normal flow is diverted to one (1) barrel and so that either barrel may be removed from service for cleaning.

(Ord. 1977-12 (part), 1977).

Lift Stations.

A.

General. The use of sewage lift stations or pump stations is allowed only where gravity sewers are infeasible. The utilities director or designee will determine if a lift/pump station is to be owned and operated by the department. The design of stations to be owned and operated by the utilities department is subject to approval by the utilities director or designee.

Lift stations shall not have any areas requiring routine or preventative maintenance or normal operations, designated as confined space.

Special design consideration shall be given to match existing systems and equipment as determined by the utilities director or designee.

B.

All stations shall generally conform to the following:

1.

Flows. The pumping system including the discharge piping and mains shall be designed for a minimum of one hundred ten percent (110%) of the capacity of the tributary system leading to the station. The capacity shall be based on peak hour volumes.

2.

Pumps. No fewer than two (2) pumps shall be provided. When only two (2) pumps are used, each pump shall pump the capacity of the system. For stations with more than two (2) pumps, there shall be a standby pump with the capacity of the largest unit. Pumps shall be designed to operate automatically in alternate cycles with the idle pump in each cycle to function as standby. Pumps shall be specifically designed for the conveyance of wastewater. Pumps in a drywell/wetwell application shall be equipped with motors that are premium efficiency with TEFC enclosures; double mechanical seals with external flushing water; seal water systems shall meet utilities department requirements, a standby seal water pump shall be provided.

3.

Flow Metering. The pump station shall have one (1) magnetic flow meter with four (4) to twenty (20) MA output installed on the pressure main in a suitable watertight vault.

4.

Piping. Drywell/wetwell piping applications shall be ductile iron with grooved or flanged joints. Any fasteners used for joining pipes shall be stainless steel. Pump isolation valves shall be eccentric or full port plug valves. Swing check valves shall be provided on each pump discharge. The individual pump discharge shall connect into the main header horizontally to prevent grit buildup in the check valve. Sewage air relief valves are required at high points in the discharge line.

5.

Wetwell. Openings to wetwells shall be sealed to prevent the escape of gasses. All surfaces of wetwells shall be coated with a coal tar epoxy coating to prevent concrete corrosion. Steel used in wetwells shall be stainless. Wetwell sizing shall be in accordance with the Hydraulic Institute Standards, latest issue. The wetwell shall be sized for no greater than four (4) pump starts per hour to prevent motor overheating. Openings between the wetwell and drywell shall be sealed gastight.

6.

Drywell. Drywell access shall be by straight stairs unless otherwise approved by the utilities director or designee. The drywell shall contain two (2) sump pumps with one (1) pump on the floor out of the sump. Each sump pump shall be capable of pumping fifty (50) gallons per minute. The drywell layout shall allow for wastewater pump removal through a hatch at the ground level over each pump. The layout shall allow for personnel access to all sides of the installed equipment. The drywell shall contain an auxiliary space heater, station dehumidifying unit and venting fan. Individual equipment lockouts are required for all motorized equipment.

7.

Ventilation. Ventilation shall be in accordance with the latest edition on NFPA 820, Fire Protection in Wastewater Treatment and Collection Facilities.

8.

Flood Protection. Access to all spaces, all electrical panels, and motors shall be at an elevation above or protected from a one hundred (100) year flood.

9.

Standby Power. A standby generator shall be provided capable of automatically running the entire station's load if power fails due to a sensed high or low voltage on any of the three (3) legs of four hundred eighty (480) volt power. The generator shall be located in a weather-protective, soundproofed, vandal-proof and lockable housing with access to all engine and generator components for servicing and maintenance. The generator shall be fueled by propane with an aboveground, vandal-proof storage tank with a capacity to provide a forty-eight (48) hour continuous run time. The generator engine block shall be equipped with a block heater and thermostat that will allow for instantaneous startup at minus thirty (-30) degrees F. The engine shall be protected with shutdown safeguards, gauges and indicator lamps for over-temperature, low oil pressure, overspeed and overcrank. The engine shall be equipped with an automatic battery charger, installed on the hot side of the transfer switch enabling the battery to maintain its charge when idle.

10.

Applicable Design Codes. The following list of codes and standards are to be followed as a minimum:

Uniform Building Code (latest edition as adopted by Carson City)

Uniform Plumbing Code (latest edition as adopted by Carson City)

Uniform Mechanical Code (latest edition as adopted by Carson City)

Uniform Fire Code (latest edition as adopted by Carson City)

National Electrical Code (latest edition)

NFPA Article 820 (latest edition)

National Fire Code (latest edition)

Occupational Safety and Health Standards (latest edition)

Hydraulic Institute Standards (latest edition)

11.

Controls. All controls and telemetry shall be above surface grade in suitable lockable and vandal-proof housings. Wastewater pump activation shall be by bubbler level control.

12.

Alarms. Alarm system shall be of a radio telemetry type and shall include a sending unit at the lift station and a receiving unit at a city-designated facility. The telemetry system shall be compatible and of like type with those units presently in use at the wastewater reclamation facility or as determined by the utilities director or designee. As a minimum, the following alarms shall be provided:

a.

High wetwell;

b.

Flooded drywell;

c.

Loss of power;

d.

Loss of seal water;

e.

Wastewater pump failure (by check valve limit switch in addition to motor overload).

13.

Electrical Components. In addition to the requirements of NFPA 820 and the National Electric Code, electrical enclosures shall be NEMA 4X, stainless steel out of doors and NEMA 4X fiberglass in drywells and wetwells as a minimum. Conduits and boxes located in wetwells shall be PVC coated.

14.

Land. Suitable land area for the lift station installation and operation including access shall be provided by dedication to the city.

(Ord. 1995-36 § 8, 1995: Ord. 1977-12 (part), 1977).

A.

A preliminary design and system analysis for each sanitary sewer project proposed for construction within the city or scheduled for eventual ownership and/or maintenance by the city shall be submitted to and be approved by the department prior to or concurrent with the submission of project construction plans.

B.

The preliminary design and analysis shall be submitted in the form of a narrative report including a map and tabulation of data.

1.

Preliminary map information shall contain:

a.

Area of project;

b.

Tributary areas outside project;

c.

Adjacent areas;

d.

Contours usually extending three hundred feet (300′) minimum beyond the project or as needed to evaluate the tributary areas;

e.

Line layout and pipe size;

f.

Predicted average and peak flows at major junction points including flow coming from outside the project area;

g.

Direction of flow;

h.

Zoning used to predict flows;

i.

Special areas such as hospitals, schools, large office buildings, etc.;

j.

Boundaries of areas within the project which are tributary to points of major flow;

k.

Scale;

l.

Floodplains.

2.

Preliminary data tabulation shall contain:

a.

Areas tributary to points of major flow;

b.

Zoning within each area;

c.

Predicted flow from each area;

d.

Peaking factors;

e.

Cumulative flow;

f.

Pipe size and slope.

(Ord. 1995-36 § 9, 1995: Ord. 1977-12 (part), 1977).

A layout sheet shall be required and contain the following information:

A.

Overall map of the project which shows all boundaries, sewer lines, manholes, flushing branches, and other important items pertaining to the work.

B.

Contours shall be shown with an interval approved by the city.

C.

Adjacent sewer facilities, including lateral sewers, identification, capacity, etc., shall be shown.

D.

Scale shall be sufficient to represent the total project.

E.

The existing pavement type and condition shall be indicated on the layout sheet. Pavement replacement may be shown on the pertinent plan sheets as an alternate method.

F.

Pipe size, type, class and slope shall be indicated.

G.

Flow quantity shall be shown at all significant locations.

H.

Direction of flow shall be shown on each reach of line.

I.

Unsewered areas within the project boundaries which cannot be served at a future date by extension of the project's gravity system shall be indicated.

J.

A parcel or area which benefits and participates in a project, but is not included within the project boundaries, shall have a note to this effect placed on the overall project map and on the plan and profile sheet or sheets if the parcel is adjacent to or appears thereon.

(Ord. 1977-12 (part), 1977).

A.

In general, sewer connections and extensions shall be allowed only if the existing downstream system has capacity and if the sewage treatment facilities have capacity to accept the additional loading.

B.

It shall be a requirement of the proposed project to determine the capacity of the downstream system. In the event there are restrictions or low capacities in portions of the existing system, it shall be the requirement of the proposed project to include the improvement of the restricted areas to accept the anticipated additional sewage flow.

C.

Sewer mains are deemed to be at capacity when the design peak flow is at depth/diameter (d/D) = 0.50, for a pipe that is 15 inches or less in diameter, and depth/diameter (d/D) = 0.75, for a pipe that is greater than 15 inches in diameter.

D.

All sewer main extensions shall be televised by the department. The applicant will be charged on a per foot basis for the actual cost of the televising as determined by the department.

(Ord. 1995-36 § 10, 1995: Ord. 1977-12 (part), 1977).

(Ord. No. 2018-12, § II, 10-4-2018)

A.

Interconnections. There shall be no physical connection between a public or private potable water supply system and a sewer, or appurtenance thereto which would permit the passage of any sewage or polluted water into the potable supply.

B.

Relation to Water Mains and Structures. While no general statement can be made to cover all conditions, the sewers shall meet the requirements of the approving authority, i.e., health department, with respect to minimum distances from public water sources or other water supply structures.

(Ord. 1977-12 (part), 1977).

Categorical industrial users must comply with the categorical pretreatment standards found at 40 CFR Chapter I, Subchapter N, Parts 405-471.

1.

Where a categorical pretreatment standard is expressed only in terms of either the mass or the concentration of a pollutant in wastewater, the ECA may impose equivalent concentration or mass limits in accordance with sections 12.06.395(5) and (6).

2.

When the limits in a categorical pretreatment standard are expressed only in terms of mass of pollutant per unit of production, the ECA may convert the limits to equivalent limitations expressed either as mass of pollutant discharged per day or effluent concentration for purposes of calculating effluent limitations applicable to individual users.

3.

The ECA shall calculate the equivalent mass-per-day limitations under section 12.06.395(2) by multiplying the limits in the standard by the user's average rate of production. This average rate of production shall be based not upon the designed production capacity but rather upon a reasonable measure of the industrial user's actual long-term daily production, such as the average daily production during a representative year. For new sources, actual production shall be estimated using projected production.

4.

The ECA shall calculate the equivalent concentration limitations under section 12.06.395(2) by dividing the mass limitations derived under section 12.06.395(3) by the average daily flow rate of the user's regulated process wastewater. This average daily flow rate shall be based upon a reasonable measure of the user's actual long-term average flow rate, such as the average daily flow rate during the representative year.

5.

When a categorical pretreatment standard is expressed only in terms of pollutant concentrations, user may request that the ECA convert the limits to equivalent mass limits. The determination to convert concentration limits to mass limits is within the discretion of the ECA. The ECA may establish equivalent mass limits only if the industrial user meets all the conditions set forth in paragraph (a), below.

(a)

To be eligible for equivalent mass limits, the user must:

(1)

Employ, or demonstrate that it will employ, water conservation methods and technologies that substantially reduce water use during the term of its permit;

(2)

Currently use control and treatment technologies adequate to achieve compliance with the applicable categorical pretreatment standard, and not have used dilution as a substitute for treatment;

(3)

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

(4)

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

(5)

Have consistently complied with all applicable categorical pretreatment standards during the period prior to the industrial user's request for equivalent mass limits.

(b)

A user subject to equivalent mass limits must:

(1)

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

(2)

Continue to record the facility's flow rates through the use of a continuous effluent flow monitoring device;

(3)

Continue to record the facility's production rates and notify the ECA whenever production rates are expected to vary by more than 20 percent from its baseline production rates determined in section 12.06.395(5)(a)(3). Upon notification of a revised production rate, the ECA will reassess the equivalent mass limit and revise the limit as necessary to reflect changed conditions at the facility; and

(4)

Continue to employ the same or comparable water conservation methods and technologies as those implemented pursuant to section 12.06.395(5)(a)(1) so long as it discharges under an equivalent mass limit.

(c)

When developing equivalent mass limits, the ECA:

(1)

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

(2)

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

(3)

May retain the same equivalent mass limit in subsequent individual wastewater discharge permit terms if the industrial user's actual average daily flow rate was reduced solely as a result of the implementation of water conservation methods and technologies, and the actual average daily flow rates used in the original calculation of the equivalent mass limit were not based on the use of dilution as a substitute for treatment.

6.

The ECA may convert the mass limits of the categorical pretreatment standards of 40 CFR Parts 414, 419, and 455 to concentration limits for purposes of calculating limitations applicable to individual users. The conversion is at the discretion of the ECA.

7.

Once included in its permit, the industrial user must comply with the equivalent limitations developed in this section 12.06.395 in lieu of the promulgated categorical standards from which the equivalent limitations were derived.

8.

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

9.

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

10.

A user may obtain a net/gross adjustment to a categorical pretreatment standard in accordance with the following paragraphs of this subsection.

(a)

Categorical pretreatment standards may be adjusted to reflect the presence of pollutants in the industrial user's intake water in accordance with this section. Any user wishing to obtain credit for intake pollutants must make application to the City. Upon request of the industrial user, the applicable standard will be calculated on a "net" basis (i.e., adjusted to reflect credit for pollutants in the intake water) if the requirements of subparagraph (2) of paragraph (b) of this subsection are met.

(b)

Criteria.

(1)

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

(2)

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

(3)

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

(4)

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

11.

The ECA may develop best management practices, in individual wastewater discharge permits, to implement discharge limitations and the requirements of section 12.06.060.

(Ord. No. 2024-9, § 23, 12-5-2024)

1.

All wastewater analysis must be conducted in accordance with the methods promulgated under section 304(g) of the Act. If no appropriate procedure is contained therein, the standard procedure of the industry or a procedure judged satisfactory by the ECA must be used to measure wastewater constituents. Any independent laboratory or user performing tests shall furnish any required test data or information on the test methods or equipment used if requested to do so by the ECA.

2.

All users making periodic measurements shall furnish and install in a control manhole or other appropriate location a calibrated flume, weir, flow meter or similar device approved by the Department and suitable to measure the industrial wastewater flow rate and total volume. A flow indicating, recording and totalizing register may be required by the ECA. In lieu of wastewater flow measurement, the ECA may accept records of water usage and adjust the flow volumes by suitable factors to determine peak and average flow rates for the specific industrial wastewater discharge. The user shall install and maintain facilities to allow inspection and monitoring of the wastewater.

3.

The sampling, analysis and flow measurement procedures, equipment and results are subject at any time to inspection by the ECA. Sampling and flow measurement facilities must provide safe access to authorized personnel.

(Ord. 1977-12 (part), 1977; Ord. 1985-15 § 6, 1985; Ord. 1993-18 § 1 (part), 1993; Ord. No. 2024-9, § 24, 12-5-2024)

1.

General Prohibitions. No user shall introduce or cause to be introduced into the treatment works any pollutant or wastewater which causes or results in pass through or interference. These general prohibitions apply to all users of the treatment works, whether or not they are subject to categorical pretreatment standards, pretreatment standards, pretreatment requirements, discharge limitations or any other federal, state, or local pretreatment obligation.

2.

Specific Prohibitions. The ECA is authorized to establish local limits pursuant to 40 CFR 403.5(c). The ECA may develop best management practices, including through individual permits, to implement local limits and the requirements of this chapter. No user shall cause or permit discharge(s) to the treatment works in contravention of the following specific prohibitions:

(a)

The table below provides instantaneous limits for wastewater constituents, and such constituents shall not be discharged to the City's treatment works in excess of the concentrations provided in that table:

(b)

Any pollutant, including oxygen demanding pollutants (biochemical oxygen demand, etc.) released in a discharge at a flow rate and/or pollutant concentration which will cause interference with the treatment works.

(c)

Any trucked or hauled pollutants, except at discharge points designated and approved by the ECA.

(d)

Any substance which may cause the treatment works to be in noncompliance with biosolid use or disposal criteria, guidelines or regulations developed under section 405 of the Act, or any criteria, guidelines or regulations affecting biosolid use or disposal developed pursuant to the Solid Waste Disposal Act, the Clean Water Act, the Toxic Substances Control Act or state criteria applicable to the biosolid management method being used.

3.

Other Constituents. In addition to the listed constituents and other pretreatment requirements or pretreatment standards, other identified constituents (organic or inorganic) shall not be discharged to the City's treatment works in excess of the applicable discharge limitations.

4.

With the sole exception of residential wastes, discharge to an ISDS is prohibited.

(Ord. 1984-22 § IV, 1984; Ord. 1985-15 § 7, 1985; Ord. 1996-48 § 6, 1996; Ord. No. 2024-9, § 25, 12-5-2024)

1.

An industrial wastewater treatment surcharge is paid the city on a monthly basis by those industrial wastewater dischargers whose contribution of biochemical oxygen demand (BOD) and suspended solids (SS) create costs in excess of the value of their sewer service charges. The individual waste discharge is considered as creating cost in excess of the value of their sewer service charges when the concentration of BOD, and SS exceed the following:

The treatment surcharge is based on the appropriate city sewerage system's total maintenance, operation, and capital expenditures for providing industrial wastewater collection, treatment and disposal services as described in section 12.06.430. The annual industrial wastewater treatment surcharge is computed by the following formula:

Rate (in $/1000 gallons of water consumption) =
(R ₁ +((R ₂ )(C ₂ )(8.34)/1000)) +
((R ₃ )(C ₃ )(8.34)/1000)/1000(Z)

 Where

 R1 = Unit costs associated with wastewater flow in $/MG per year

 r ₂ = Unit costs associated with BOD in $/1000 lb. per year

 r ₃ = Unit costs associated with SS in $/1000 lb. per year

 c ₂ = BOD concentration in mg/l

 c ₃ = SS concentration in mg/l

 Z = The estimated ratio between wastewater flow and water consumption.

2.

The quantity for total flow is the quantity of water measured at the water meter. Where no meter exists, the surcharge will be calculated based on nine hundred fifty (950) gallons per month per fixture unit.

The quantities for BOD and suspended solids for certain classes of users shall be based on typical strengths as listed herein:

The quantities of BOD and suspended solids for other industrial discharges are established by sampling and analysis as specified by the ECA in the permit issued pursuant to sections 12.06.020 through 12.06.170.

(Ord. 1984-22 § VI, 1984; Ord. 1985-15 § 8, 1985; Ord. 1993-18 § 1 (part), 1993; Ord. No. 2024-9, § 26, 12-5-2024)

1.

Unit charge rates "R 1", "R 2" and "R 3" (see section 12.06.421) in the industrial wastewater treatment surcharge shall remain unchanged if no significant changes occur for the sewerage system by the procedure described herein.

2.

For the sewerage system, appropriate unit charge rate parameters for flow, biochemical oxygen demand and suspended solids, respectively designated "R 1" (in dollars per million gallons per year), "R 2" (in dollars per thousand pounds per year), and "R 3" (in dollars per thousand pounds of suspended solids per year), shall be determined by the following method:

(a)

The total capital outlay for construction of sewerage facilities including debt principal and interest shall be estimated and distributed among the three (3) parameters in accordance with the City's determination of the percentage of the total existing capital facilities of the sewerage system predominately related to each parameter.

(b)

The total operation and maintenance costs of the system shall be distributed among the three (3) parameters in accordance with the City's determination as to which charges are predominately related to each parameter.

(c)

The sum of the capital costs and operation and maintenance costs determined for each parameter in paragraphs (a) and (b) above shall be divided by the total volume of wastewater and weight of BOD and suspended solids to be treated by the sewerage system in order to obtain the unit charge rates "R 1", "R 2" and "R 3" for the system.

(Ord. 1984-22 § VIII, 1984; Ord. No. 2024-9, § 27, 12-5-2024)

In the event that the average waste characteristics and corresponding surcharge rate is disputed by a permittee, the permittee may be granted a variance by the ECA under certain conditions. A variance will be granted if all the following conditions are met:

1.

The permittee shall apply to the ECA for a variance. The permittee shall state why a variance should be allowed.

2.

The permittee, at his or her expense, shall provide supporting data as outlined herein or as may be requested by the ECA to show cause why a variance should be granted.

3.

The permittee shall sample the wastewater to determine representative five (5) day biochemical oxygen demand and suspended solids concentrations.

4.

Wastewater sampling must be for at least three (3) twenty-four (24) hour periods. The periods shall be representative of the nature of the business and shall be approved in advance by the ECA. Samples must be made up of a twenty-four (24) hour composite. The composite must be proportioned to flow either manually with at least one (1) sample collected hourly or by automatic integrated sampling equipment approved by the ECA.

5.

The sampling point must be approved by the ECA. If no sampling point exists, the permittee shall construct such at his or her expense.

6.

The analysis must be performed by a laboratory approved by the State of Nevada.

7.

The handling, storage, and analysis of all samples must be in accordance with the latest edition of "Standard Methods for Examination of Wastes and Wastewater," as published by the APHA, AWWA and WPCF, and conform to specifications set forth in the Code of Federal Regulations, Chapter 40, Part 136.

8.

Based on the analysis, a variance will be permitted if the resulting surcharge rate calculated by the ECA would result in charges fifteen percent (15%) less than those using rates adopted by the Board.

9.

The permittee shall continue to demonstrate that a variance is justified by performing the above analysis once every three (3) years or when any modifications are done to the structure requiring a building permit.

(Ord. 1985-15 § 9, 1985; Ord. 1993-18 § 1 (part), 1993; Ord. No. 2024-9, § 28, 12-5-2024)

1.

Users shall notify the ECA immediately upon becoming aware of an accidental discharge, spill or slug discharge into the environment, storm sewer system or treatment works. Notification shall enable the director to take proper measures to reduce the impact of the spill or discharge. This notification shall be followed by a detailed written statement explaining the cause of the slug discharge within five days of the date of occurrence.

2.

The ECA shall evaluate whether each significant industrial user needs a slug discharge control plan or other action to control accidental discharges, spills and slug discharges. The ECA may require any user to develop, submit for approval and implement such a plan or take such other action that may be necessary to control slug discharges. Alternatively, the ECA may develop such a plan for any user. When the ECA deems it necessary, users shall provide protection from an accidental discharge, spill or slug discharge. This protection at a minimum shall consist of the following:

(a)

A written slug discharge plan containing operating procedures implemented to prevent an accidental discharge and/or slug discharge. An accidental discharge or slug discharge control plan shall address, at a minimum, the following:

(1)

Description of discharge practices, including non-routine batch discharges;

(2)

Description of stored chemicals;

(3)

Procedures for immediately notifying the ECA of any accidental discharge, spill or slug discharge, as required by section 12.06.440(1); and

(4)

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

(b)

Control measures installed to prevent a slug discharge from reaching the treatment works or environment.

(c)

Countermeasures to contain, cleanup and mitigate the effects of a slug discharge.

(d)

Significant industrial users are required to notify the treatment works immediately of any actual or forthcoming changes at the significant industrial user's facility affecting the potential for an accidental discharge, spill or slug discharge.

3.

Review and approval of slug discharge plans and operating procedures shall not relieve the user from the responsibility to modify the user's facility as necessary to meet the requirements of this chapter, nor shall it relieve the user of any other responsibility or liability imposed by law.

4.

When the ECA deems it necessary to reduce the risk of exposing the populace, environment, storm sewer system or treatment works to incompatible substances, secondary containment shall be installed at user's expense. The ECA may waive secondary containment requirements if, at ECA's discretion, a substance poses no hazard.

(Ord. No. 2024-9, § 29, 12-5-2024)

The purpose of this chapter is (1) to protect the public water supply against actual or potential contamination through cross-connections by isolating sources of contamination that may occur within a water user's premises because of some undiscovered or unauthorized cross-connection on the premises; (2) to eliminate existing connections between drinking water systems and other sources of water that are not approved as safe and potable for human consumption; (3) to eliminate cross-connections between drinking water systems and sources of contamination; (4) to prevent the making of cross-connection in the future.

(Ord. 1991-51 § 2, 1991).

A.

Air-Gap Separation, (AG). "Air-gap separation" means a physical break between a supply pipe and a receiving vessel. The air-gap shall be at least double the diameter of the supply pipe measured vertically above the top rim of the vessel, but in no case less than one inch (1″).

B.

Approved Backflow Prevention Assembly. "Approved backflow prevention assembly" means an assembly that has been manufactured in full conformance with the standards established by the American Water Works Association, entitled: AWWA C506, (Current Revision) Standards for Reduced Pressure Principle and Double Check Valve Backflow Prevention Devices; and have passed laboratory and field evaluation tests performed by a recognized testing organization which has demonstrated their competency to perform such test to the department.

C.

Approved Water Supply. "Approved water supply" means any water supply whose potability is regulated by a state or local health agency.

D.

Auxiliary Supply. "Auxiliary supply" means any water supply on or available to the premises other than the approved water supply.

E.

AWWA Standard. "AWWA standard" means an official standard developed and approved by the American Water Works Association (AWWA).

F.

Backflow. "Backflow" means a flow condition, caused by a differential in pressure, that causes the flow of water or other liquids, gases, mixtures or substances into the distributing pipes of a potable supply of water from any source or sources other than an approved water supply source. Backsiphonage is one cause of backflow. Back pressure is the other cause.

G.

Contamination. "Contamination" means a degradation of the quality of the potable water by any foreign substance which creates a hazard to the public health, or which may impair the usefulness or quality of the water.

H.

Cross-Connections. "Cross-connection," as used in this chapter, means any unprotected actual or potential connection between a potable water system used to supply water for drinking purposes and any source or system containing unapproved water or substances that is not or cannot be approved as safe, wholesome and potable. By-pass arrangements, jumper connection, removable sections, swivel or changeover assemblies, or other assemblies through which backflow could occur, shall be considered to be cross-connections.

I.

Double Check Valve Assembly, (DC). "Double check valve assembly" means an assembly of two (2) internally loaded, independently acting check valves, including resilient seated shut-off valves on each end of the assembly and test cocks for testing the water-tightness of each check valve.

J.

Person. "Person" means an individual, corporation, company, association, partnership, municipality, public utility, or other public body or institution.

K.

Premises. "Premises" means any and all areas on a water user's property which are served or have the potential to be served by the public water system.

L.

Public Water System. "Public water system" means a system for the provision of piped water to the public for human consumption that has fifteen (15) or more service connections or regularly serves an average of twenty-five (25) individuals daily at least sixty (60) days out of the year.

M.

Reclaimed Water. "Reclaimed water" means a wastewater which, as a result of treatment, is suitable for uses other than potable use.

N.

Reduced Pressure Principle Backflow Prevention Assembly, (RP). "Reduced pressure principle backflow prevention assembly" means an assembly incorporating two (2) internally loaded, independently operating check valves and an automatically operating differential relief valve located between the two (2) check valves, including resilient seated shut-off valves on each end of the assembly, and equipped with necessary test cocks for testing the assembly.

O.

Service Connections. "Service connection" refers to the point of connection of a user's piping to the water supplier's facilities.

P.

Water Supplier. "Water supplier" means the person who owns or operates the approved water supply system.

Q.

Water User. "Water user" means any person obtaining water from an approved water supply system.

(Ord. 1993-39 § 1, 1993: Ord. 1991-51 § 3, 1991).

A.

General Provisions.

1.

Unprotected cross-connections with the public water supply are prohibited. NAC 445, Section 408 requires the State Health Officer's written approval to interconnect water supplies.

2.

Whenever backflow protection has been found necessary, the city will require the water user to install an approved backflow prevention assembly by and at the users expense for continued services or before new service will be granted. For new water meter sets, the required backflow prevention assembly shall be installed, inspected, approved and certified test results provided to the utilities department within five (5) days of meter set, unless the utilities director or designee approves otherwise. The service will be locked off if inspections and certifications are not completed as specified above. A twenty-five dollar ($25.00) fee will be assessed at time of turn-on when lock is removed. The fee will be assessed on the building permit for the installation of the backflow device.

3.

Wherever backflow protection has been found necessary on a water supply line entering a water user's premises, then any and all water supply lines from the city's mains entering such premises, buildings, or structures shall be protected by an approved backflow prevention assembly. The type of assembly to be installed will be in accordance with the requirements of this chapter.

B.

Where Protection is Required.

1.

Each service connection from the city water system for supplying water to premises having an auxiliary water supply shall be protected against backflow of water from the premises into the public water system unless the auxiliary water supply is approved. NAC 445, Section 408, requires the State Health Officer's written approval to interconnect water supplies.

2.

Each service connection from the city water system for supplying water to premises on which any substance is handled in such fashion as may allow its entry into the water system shall be protected against backflow of the water from the premises into the public system. This shall include the handling of process waters and waters originating from the city water system which have been subjected to deterioration in sanitary quality.

3.

Backflow prevention assemblies shall be installed on the service connection to any premises having (a) internal cross-connections that cannot be permanently corrected and controlled to the satisfaction of the city, or (b) intricate plumbing and piping arrangements or where entry to all portions of the premises is not readily accessible for inspection purposes, making it impracticable or impossible to ascertain whether or not cross-connections exist.

C.

Type of Protection Required.

1.

The type of protection that shall be provided to prevent backflow into the approved water supply shall be commensurate with the degree of hazard that exists on the consumer's premises. The type of protective assembly that shall be required (listing in an increasing level of protection) includes: double check valve assembly (DC), reduced pressure principle backflow prevention assembly (RP), and an air-gap separation (AG). The water user may choose a higher level of protection than required by the city. The minimum types of backflow protection required to protect the approved water supply, at the user's water connection, are given in Table 1 of Section 12.07.090. Situations which are not covered in Table 1 shall be evaluated on a case-by-case basis and the appropriate backflow protection shall be determined by the city.

2.

When two (2) or more services supply water from different street mains to the same building, structure, or premises through which an interstreet main flow may occur, shall have at least a standard check valve on each water service to be located adjacent to and on the property side of the respective meters. Such check valve shall not be considered adequate if backflow protection is deemed necessary to protect the mains from pollution or contamination; in such cases the installation of approved backflow assemblies at such service connections shall be required.

(Ord. 1997-52 § 2, 1997: Ord. 1991-51 § 4, 1991).

A.

Approved Backflow Prevention Assemblies.

1.

Only backflow prevention assemblies which have been approved by the city shall be acceptable for installation by a water user connected to the city's potable water system.

2.

The city will provide upon request, to any affected customer, a list of approved prevention assemblies.

B.

Backflow Prevention Assembly Installations.

1.

Backflow prevention assemblies shall be installed in a manner prescribed in Standard Details for Public Work Construction, as adopted by Carson City. Location of the assemblies shall be as close as practical to the user's connection. The city shall have the final authority in determining the required location of a backflow prevention assembly.

a.

Air-Gap Separation (AG). The air-gap separation shall be located on the user's side of and as close to the service connection as is practical. All piping from the service connection to the receiving tank shall be above grade and be entirely visible. No water use shall be provided from any point between the service connection and the air-gap separation. The water inlet piping shall terminate a distance of at least two pipe diameters of the supply inlet, but in no case less than one inch above the overflow rim of the receiving tank.

b.

Reduced Pressure Principle Backflow Prevention Assembly (RP). The approved reduced pressure principle backflow prevention assembly shall be installed on the user's side of and as close to the service connection as is practical. The assembly shall be installed in accordance with Standard Detail for Public Works Construction, Carson City section. The assembly shall be installed so that it is readily accessible for maintenance and testing. Water supplied from any point between the service connection and the RP assembly shall be protected in a manner approved by the city.

c.

Double Check Valve Assembly (DC). The approved double check valve assembly shall be located as close as practical to the user's connection and shall be installed above grade, if possible, and in a manner where it is readily accessible for testing and maintenance. If a double check valve assembly is put below grade it must be installed in accordance with Standard Detail for Public Works Construction, Carson City section. Special consideration must be given to double check valve assemblies of the "Y" type. These assemblies must be installed on their "side" with the test cocks in a vertical position so that either check valve may be removed for service without removing the assembly.

C.

Backflow Prevention Assembly Testing and Maintenance.

1.

The owners of any premises on which, or on account of which, backflow prevention assemblies are installed, shall have the assemblies tested by a person who has demonstrated their competency in testing of these assemblies to the city. Backflow prevention assemblies must be tested at least annually and immediately after installation, relocation or repair. The city may require a more frequent testing schedule if it is determined to be necessary. No assembly shall be placed back in service unless it is functioning as required. A report in a form acceptable to the city must be filed with the city each time an assembly is tested, relocated, or repaired. These assemblies shall be serviced, overhauled, or replaced whenever they are found to be defective and all costs of testing, repair, and maintenance shall be borne by the water user.

2.

The city will supply affected water users with a list of persons acceptable to the city to test backflow prevention assemblies. The city will notify affected customers by mail when annual testing of an assembly is required and also supply users with the necessary forms which must be filled out each time an assembly is tested or repaired.

3.

Upon request the city will test a water user's backflow prevention assembly to fulfill the requirements of this chapter. The water user will be charged for the test and any maintenance found necessary to keep the assembly in working order on the next regular water bill.

D.

Backflow Prevention Assembly Removals.

1.

Approval must be obtained from the city before a backflow prevention assembly is removed, relocated, or replaced.

a.

Removal. The use of an assembly may be discontinued and the assembly removed from service upon presentation of sufficient evidence to the city to verify that a hazard no longer exists or is not likely to be created in the future.

b.

Relocations. An assembly may be relocated following confirmation by the city that the relocation will continue to provide the required protection and satisfy installation requirements. A retest will be required following the relocation of the assembly.

c.

Repair. An assembly may be removed for repair, provided the water use is either discontinued until repair is completed and the assembly is returned to service, or the service connection is equipped with other backflow protection approved by the city. A retest will be required following the repair of the assembly.

d.

Replacements. An assembly may be removed and replaced provided the water use is discontinued until the replacement assembly is installed. All replacement assemblies must be approved by the city and must be commensurate with the degree of hazard involved. A retest will be required following the replacement of the assembly.

(Ord. 1999-12 § 1, 1999: Ord. 1991-51 § 5, 1991).

A.

Water System Survey.

1.

The city shall review all requests for new services to determine if backflow protection is needed. Plans and specifications must be submitted to the city upon request for review of possible cross-connection hazards as a condition of service for new service connections. If it is determined that a backflow prevention assembly is necessary to protect the public water system, the required assembly must be installed before service will be granted.

2.

The city may require an on-site inspection to evaluate cross-connection hazards. The city will transmit a written notice requesting an inspection appointment to each affected water user. Any water user who cannot or will not allow an on-premises inspection of his piping system shall be required to install the backflow prevention assembly the city considers necessary.

3.

The city may, at its discretion, require a reinspection for cross-connection hazards of any premises to which it serves water. The city will transmit a written notice requesting an inspection appointment to each affected water user. Any water user who cannot or will not allow an on-premises inspection of his piping system shall be required to install the backflow prevention assembly the city considers necessary.

B.

Customer Notification—Assembly Installation.

1.

The city will notify the water user of the survey findings, listing the corrective actions to be taken if any are required. A period of sixty (60) days will be given to complete all corrective actions required, including installation of backflow prevention assemblies, unless an extension is granted.

2.

A second notice will be sent to each water user who does not take the required corrective actions prescribed in the first notice, within the sixty (60)-day period allowed. The second notice will give the water user a two (2)-week period to take the required corrective action. If no action is taken within the two (2)-week period, the city may terminate water service to the affected water user until the required corrective action is taken.

C.

Customer Notification—Testing and Maintenance.

1.

The city will notify each affected water user when it is time for the backflow prevention assembly, installed on their service connection, to be tested. This written notice shall give the water user thirty (30) days to have the assembly tested and supply the water user with the necessary form to be completed and resubmitted to the city.

2.

A second notice shall be sent to each water user which does not have his/her backflow prevention assembly tested as prescribed in the first notice within the thirty (30) -day period allowed. The second notice will give the water user a two-week period to have his/her backflow prevention assembly tested. If no action is taken within the two (2)-week period, the city may terminate water service to the affected water user until the subject assembly is tested.

(Ord. 1991-51 § 6, 1991).

A.

General. When the city encounters water uses that represent a clear and immediate hazard to the potable water supply that cannot be immediately abated, the city shall institute the procedure for discontinuing the city water service.

B.

Basis for Termination. Conditions or water uses that create a basis for water service termination shall include, but are not limited to, the following items:

1.

Refusal to install a required backflow prevention assembly;

2.

Refusal to test a backflow prevention assembly;

3.

Refusal to repair a faulty backflow prevention assembly;

4.

Refusal to replace a faulty backflow prevention assembly;

5.

Direct or indirect connection between the public water system and a sewer line;

6.

Unprotected direct or indirect connection between the public water system and a system or equipment containing contaminants;

7.

Unprotected direct or indirect connection between the public water system and an auxiliary water system (see fire hydrant usage policy);

8.

A situation which presents an immediate health hazard to the public water system.

C.

Water Service Termination Procedures.

1.

For conditions 1, 2, 3, or 4 of subsection B, the city will terminate service to a customer's premises after two (2) written notices have been sent specifying the corrective action needed and the time period in which it must be done. If no action is taken within the allotted time period water service may be terminated.

2.

For conditions 5, 6, 7, or 8 of subsection B, the city will take the following steps:

a.

Make a reasonable effort to advise the water user of intent to terminate water service;

b.

Terminate the water supply and lock the service valve. The water service will remain inactive until correction of violations have been approved by the city.

(Ord. 1991-51 § 7, 1991).

The Carson City utilities director or his/her designee, shall have the authority to enforce this chapter.

It is unlawful for any person, firm, or corporation at any time to make or maintain or cause to be made or maintained, temporarily or permanently, for any period of time whatsoever, any cross-connection between plumbing pipes or water fixtures being served with water by the city water department and any other source of water supply or to maintain any sanitary fixture or other appurtenances or fixtures which, by reason of their construction, may cause or allow backflow of water or other substances into the water supply system of the city and/or the service of water pipes or fixtures of any consumer of the city.

Any violations of the provisions of this chapter or rules or regulations promulgated thereof, shall be an infraction, punishable by a fine of not less than twenty-five dollars ($25.00), nor more than five thousand dollars ($5,000.00). Each day that a violation exists shall constitute a separate and distinct offense.

(Ord. 1993-39 § 2, 1993: Ord. 1991-51 § 8, 1991).

If any section, subsection, subdivision, paragraph, sentence, clause, or phrase of this chapter, or any part thereof, is for any reason held to be invalid, such decision shall not affect the validity of the remaining portions of this chapter or any part thereof. The board declares that it would have passed each section, subsection, subdivision, paragraph, sentence, clause, or phrase thereof, irrespective of the fact that any one or more sections, subsections, subdivision, paragraphs, sentences, clauses, or phrases is declared invalid.

(Ord. 1991-51 § 9, 1991).

Plants, facilities or situations which are not listed in this section shall be evaluated on a case-by-case basis and the appropriate type of protection shall be determined by the city.

(Ord. 1999-12 § 2, 1999: Ord. 1993-39 § 3, 1993: Ord. 1991-51 § 10, 1991).

A.

Applicability. Applicable to all users who take water from hydrants or standpipes, excluding city departments; it is unlawful for any person to use potable water except as authorized by a permit issued by the city's water utility division, allowing for the use of potable water for construction purposes.

B.

Potable Water Use Permit Requirements. The following requirements apply to the use of potable water for construction purposes:

1.

Vehicles used for hauling and applying potable water:

a.

Shall be equipped with an approved air-gap fill pipe;

b.

Shall not spill or leak during transportation.

2.

Transportation and usage of potable water shall be restricted to within the boundaries of Carson City.

3.

Potable water shall not be discharged except at the permitted project site. No ponding or runoff shall occur.

4.

No connections are allowed between the vehicle and any part of the potable water system, unless the transporting vehicle complies with Section 12.11.080 and approval to use potable water has been granted by the utilities director or designee.

C.

Potable Water Use Permit—Other Terms and Conditions.

1.

The terms and conditions of each issued permit shall provide for the following:

a.

A deposit of one thousand dollars ($1,000.00) is required. This represents the replacement/repair cost of meter, valve, fire hydrant and other related piping and facilities.

(1)

The contractor is responsible for loss, theft, vandalism and repair due to neglect; costs incurred will be deducted from deposit. If costs are in excess of deposit, contractor is liable for all excess costs incurred.

b.

That the permit may be modified, suspended or revoked in whole or in part during its term for cause including but not limited to:

(1)

No potable water usage for construction purposes from June 1st to August 15th, except for emergencies, health and safety reasons, and permission granted by utilities director or designee;

(2)

Violation of any terms or conditions of the permit or this section;

(3)

Obtaining a permit by misrepresentation or failure to disclose fully all relevant facts.

D.

Permits—Duration, Reissuance and Assignment.

1.

The permit shall expire on the completion of the project.

2.

Permit issued shall be nontransferable from one (1) project to another.

E.

Emergency Powers. The utilities director or designee, or the health officer or designee may take any appropriate action against persons who present an imminent and/or potential endangerment to the health or welfare of persons or the environment.

F.

Violations—Remedies.

1.

Whenever the utilities director or designee finds that any person is engaged in any act or practice which violates any provision of this section or permit, the director may:

a.

Issue an order:

(1)

Stating the provision or provisions of the ordinance, permit or order alleged to be violated or about to be violated,

(2)

Stating the facts which constitute a violation thereof, and

(3)

Stating the necessary corrective action to be taken and, if appropriate, a reasonable time for completing the corrective action;

b.

Commence a civil action pursuant to Section 12.07.070

(Ord. 1995-35 § 2, 1995).

"Highway" means the entire width between the boundary lines of every way maintained by a public authority when any part of such way is open to the use of the public for purposes of vehicular traffic.

1.

Any person or persons, firm or corporation, who shall use any water in the city for the purpose of irrigation, or for domestic purposes, or otherwise, shall conduct the same to and from the place of such use, in such manner as to do no damage to any public ground or highway in said city, and in order to prevent any damage in such cases, such water shall be conveyed under all such highways or public grounds in pipes or boxes, placed not less than four inches (4″) beneath the surface of the ground.

2.

Nothing herein contained shall be so construed as to prevent irrigation of shade and ornamental trees, outside of enclosures, if so done as not to result in such damage as this chapter is intended to prevent.

No person or persons, company or corporation, shall be hereafter permitted to construct any dam or bulkhead, or any other obstruction, in any stream of water running in its natural channel in the city so as to cause the water of any such stream to be raised as to obstruct the free discharge of water and other sewerage from the drain pipe of any public building, machine shop or public works in the city or otherwise obstruct a free discharge of any such drain pipe.

No water pipe or gas pipe, either main or supply, shall be so laid as in any manner to interfere with, or obstruct, the free flow of water in and along any and all ditches, drains, aqueducts and flumes in the city; and all such water pipes and gas pipes, when laid down in contact with any ditch, drain, aqueduct or flume in the city, shall be laid thereunder, and in such manner as to not injure, obstruct or interfere therewith, or with the free flow of water therein, to any extent whatever.

This chapter of the Carson City Municipal Code shall be shown and cited as the Carson City Flood Damage Prevention Ordinance.

(Ord. 1986-7 § 2, 1986).

(Ord. No. 2011-15, § I, 9-1-2011)

As used in this chapter:

1.

"Accessory use" means a use which is incidental and subordinate to the principal use of the parcel of land on which it is located.

2.

"Alluvial fan" means an area subject to flooding when the floodplain is comprised of low flow channels where sediment accompanies the shallow flooding and the unstable soils scour and erode during a flooding event.

3.

"Alluvial fan flooding" means flooding occurring on the surface of an alluvial fan or similar land form which originates at the apex and is characterized by high-velocity flows, active processes of erosion, sediment transport, deposition and unpredictable flow paths.

4.

"Anchoring" means a series of methods used to secure a structure to its footings or foundation wall so that it will not be displaced by flood or wind forces.

5.

"Apex" means the highest point on an alluvial fan or similar landform below which the flow path of the major stream that formed the fan becomes unpredictable and alluvial fan flooding can occur.

6.

"Appeal" means a request for a review of the Local Floodplain Administrator's interpretation of any provision of this chapter or a request for a variance.

7.

"Area of shallow flooding" means a designated AO Zone on the Flood Insurance Rate Map. The base flood depths range from 1 to 3 feet where a clearly defined channel does not exist and velocity flow may be evident. AO is characterized as sheet flow and AH indicates ponding.

8.

"Base flood" or "one-hundred year-flood" means the flood having a 1 percent chance of being equaled or exceeded in any given year.

9.

"Base flood elevation" or "BFE" means the height in relation to mean sea level expected to be reached by the waters of the base flood at pertinent points in the floodplain of riverine areas.

10.

"Basement" means any area of the building having its floor subgrade, or below ground level, on all sides. A subgrade crawlspace is considered a basement unless it meets the minimum technical requirements defined in FEMA Technical Bulletin 11-01, relating to crawlspace construction for buildings located in special flood hazard areas.

11.

"Building" or "structure" means a walled and roofed building, including a gas or a liquid storage tank or manufactured home, that is principally above ground.

12.

"Community" means any state or area or political subdivision thereof, or any Indian tribe, authorized tribal organization or authorized native organization, which has authority to adopt and enforce flood plain management regulations for the areas within its jurisdiction.

13.

"Community rating system" or "CRS" means a program developed by the FIA to provide incentives for those communities in the regular program that have gone beyond the minimum floodplain management requirements to develop extra measures to provide protection from flooding.

14.

"Conditional letter of map amendment" or "CLOMA" means a letter from FEMA stating that a proposed structure that is not to be elevated by fill would not be inundated by the base flood if built as proposed.

15.

"Conditional letter of map revision" or "CLOMR" means procedures by which contractors, developers and communities can request review and determination by the Federal Insurance Administrator of scientific and technical data for a proposed project that, when complete and functioning effectively, would modify the elevation of individual structures and parcels of land, stream channels and floodplains on the FIRM.

16.

"Conditional letter of map revision based on fill" or "CLOMR-F" means a letter from FEMA stating that a parcel of land or proposed structure that is to be elevated by fill would not be inundated by the base flood if fill is placed on the parcel as proposed or the structure is built as proposed.

17.

"Critical structure" means any structure for which even a slight chance of flooding would reduce or eliminate its designed function of supporting a community in an emergency, including, without limitation, fire stations, hospitals, municipal airports, police stations, communication antennas or towers, elder care facilities, fuel storage facilities, schools designated as emergency shelters and fresh water and sewage treatment facilities.

18.

"Date of construction" means the date that the building permit was issued provided the actual start of construction, repair, reconstruction or improvement was within 180 days of the permit date.

19.

"Designated floodway" means the channel of a stream and the portion of the adjoining floodplain designated by a regulatory agency to be kept free of further development to provide for unobstructed passage of flood flows.

20.

"Development" means any man-made change to improved or unimproved real estate, including but not limited to buildings or other structures, mining, dredging, filling, grading, paving, excavation or drilling operations or storage of equipment or materials located within a special flood hazard area.

21.

"Digital flood insurance rate map" or "DFIRM" means the official map, in digital format, on which the Federal Emergency Management Agency or Federal Insurance Administration has delineated both the areas of special flood hazards and the risk premium zones applicable to the community. The DFIRM is the legal equivalent of the FIRM in communities where a DFIRM is available.

22.

"Dry floodproofing" means a floodproofing method used to design and construct buildings so as to prevent the entrance of flood waters.

23.

"Elevation certificate" means the elevation certificate required to properly rate post-FIRM buildings, which are buildings constructed after publication of the Flood Insurance Rate Map for flood insurance Zones A1—A30, AE, AH, A with BFE, VE, V1—V30, V with BFE, AR, AR/A, AR/AE, AR/A1—A30, AR/AH and AR/AO. The elevation certificate is not required for pre-FIRM buildings unless the building is being rated under the optional post-FIRM Flood insurance rules.

24.

"Enclosure" means that portion of an elevated building below the lowest elevated floor that is either partially or fully shut-in by rigid walls.

25.

"Encroachment" means the advance or infringement of uses, plant growth, excavation, fill, buildings, permanent structures or development, storage of equipment and materials or any other physical object placed in the floodplain, that hinders the passage of water or otherwise affects flood flows.

26.

"Existing manufactured home park or subdivision" means a manufactured home park or subdivision for which the construction of facilities for servicing the lots on which the manufactured homes are to be affixed, including, without limitation, the installation of utilities, the construction of streets and either final site grading or the pouring of concrete pads, is completed before the effective date of the ordinance codified in this chapter.

27.

"Expansion to an existing manufactured home park or subdivision" means the preparation of additional sites by the construction of facilities for serving the lots on which the manufactured homes are to be affixed, including, without limitation, the installation of utilities, the construction of streets, and either final site grading or pouring of concrete pads.

28.

"Federal Emergency Management Agency" or "FEMA" means the federal agency under which the National Flood Insurance Program is administered.

29.

"Federal Insurance Administration" or "FIA" means the division of Federal Emergency Management Agency that administers the National Flood Insurance Program.

30.

"Flash flood" means a flood that crests in a short period of time and is often characterized by high velocity flows. It is often the result of heavy rainfall in a localized area.

31.

"Flood", "flooding" or "flood waters" means a general and temporary condition of partial or complete inundation of normally dry land areas from the overflow of flood waters, the unusual and rapid accumulation or runoff of surface waters from any source, mudslides or mudflows and the condition resulting from flood-related erosion.

32.

"Flood control" means keeping flood waters away from specific developments or populated areas by the construction of flood storage reservoirs, channel alterations, dikes and levees, bypass channels or other engineering works.

33.

"Flood Hazard Boundary Map" or "FHBM" means an official map of a community, issued by the Administrator, where the boundaries of the flood, mudslide or mudflow and related erosion areas having special hazards have been designated as Zones A, M or E.

34.

"Flood Insurance Rate Map" or "FIRM" means the official map on which the Federal Emergency Management Agency or Federal Insurance Administration has delineated both the areas of special flood hazards and the risk premium zones applicable to the community.

35.

"Flood Insurance Study" or "FIS" means the official report provided by the Federal Emergency Management Agency that includes flood profiles, the Flood Insurance Rate Map, the Flood Boundary Floodway Map and the water surface elevation of the base flood.

36.

"Floodplain" or "flood-prone area" means any land area susceptible to being inundated by waters from any source.

37.

"Floodplain management" means the operation of an overall program of corrective and preventive measures for reducing flood damage and preserving and enhancing, where possible, natural resources in the floodplain, including but not limited to emergency preparedness plans, flood control works and floodplain management plans, regulations and ordinances.

38.

"Floodplain management regulations" means this chapter and any federal, state or local regulations, plus community zoning ordinances, subdivision regulations, building codes, health regulations, special purpose ordinances, including, without limitation, grading and erosion controls, and other applications of police power which control development in flood-prone areas to prevent and reduce flood loss and damage.

39.

"Floodproofing" means any combination of structural and nonstructural additions, changes or adjustments to structures which reduce or eliminate flood damage to real estate or improved property, water and sanitary facilities, structures and their contents, as described in FEMA Technical Bulletin TB-1, relating to openings in foundation walls and enclosures, FEMA Technical Bulletin TB-3, relating to non-residential floodproofing and FEMA Technical Bulletin TB-7, relating to wet floodproofing requirements.

40.

"Flood-related erosion" means a condition that exists in conjunction with a flooding event that alters the composition of the shoreline or bank of a watercourse and increases the possibility of loss due to the erosion of the land area adjacent to the shoreline or watercourse.

41.

"Floodway" means the channel of a river or other watercourse and the adjacent land area that must be reserved to discharge the base flood without cumulatively increasing the water surface elevation more than 0.99 foot.

42.

"Flood insurance risk zone designation" means the zone designations indicating the magnitude of the flood hazard in specific areas of a community.

43.

"Zone A" means special flood hazard areas inundated by the one hundred-year flood where base flood elevations are not determined.

44.

"Zone A1—30" or "Zone AE" means special flood hazard areas inundated by the one hundred-year flood where base flood elevations are determined.

45.

"Zone AO" means special flood hazard areas inundated by the one hundred-year flood with flood depths of one (1) to three (3) feet, usually sheet flow on sloping terrain, where average depths are determined. For areas of alluvial fan flooding, velocities are also determined.

46.

"Zone AH" means special flood hazard areas inundated by the one hundred-year flood with flood depths of one (1) to three (3) feet, usually with areas of ponding, where base flood elevations are determined.

47.

"Zone AR" means special flood hazard areas that result from the decertification of a previously accredited flood protection system that is in the process of being restored to provide a one hundred-year or greater level of flood protection.

48.

"Zone AR/A1—30", "Zone AR/AE", "Zone AR/AH", "Zone AR/AO" and "Zone AR/A" means special flood hazard areas that result from the decertification of a previously accredited flood protection system that is in the process of being restored to provide a one hundred-year or greater level of flood protection, but after restoration is complete, the area will still experience residual flooding from other flooding sources.

49.

"Zone A99" means special flood hazard areas inundated by the one hundred-year flood, where base flood elevations are not determined, that will be protected from the one hundred-year flood by a federal flood protection system under construction.

50.

"Zone B" or "Zone X (shaded)" means areas of 500-year flood, areas subject to the one hundred-year flood with average depths of less than one (1) foot or with contributing drainage area less than one (1) square mile and areas protected by levees from the base flood.

51.

"Zone C" or "Zone X (unshaded)" means areas determined to be outside the 500-year floodplain.

52.

"Zone D" means areas in which flood hazards are undetermined.

53.

"Footing" means the enlarged base of a foundation wall, pier or column, designed to spread the load of the structure so that it does not exceed the soil bearing capacity.

54.

"Foundation" means the underlying structure of a building usually constructed of concrete that supports the foundation walls, piers or columns.

55.

"Foundation walls" means a support structure that connects the foundation to the main portion of the building or superstructure.

56.

"Freeboard" means a margin of safety usually expressed in feet above a flood level for purposes of flood plain management. Freeboard tends to compensate for the many unknown factors that could contribute to flood heights greater than the height calculated for selected size flood and floodway conditions, such as wave action, bridge openings and the hydrological effect of urbanization of the watershed.

57.

"Functionally dependent use" means a use which cannot perform its intended purpose unless it is located or carried out in close proximity to water and includes only marina facilities, port facilities that are necessary for the loading and unloading of cargo or passengers and boat building and boat repair facilities, and does not include long-term storage or related manufacturing facilities.

58.

"Governing body" means the local governing unit, county or municipality that is empowered to adopt and implement regulations to provide for public health, safety and general welfare of its citizenry.

59.

"Hardship" means, in relation to the provisions of this chapter governing variances, an exceptional harm suffered by a property owner due to the application of the chapter to unusual conditions on the property at issue, that pertain only to that property. The term does not include purely economic or financial harm, inconvenience, aesthetic considerations, physical handicaps, personal preferences or the disapproval of a neighbor because these harms can be resolved without granting a variance, even if the alternative is more expensive or requires the property owner to build elsewhere or put the parcel to a different use than originally intended.

60.

"Highest adjacent grade" means the highest natural elevation of ground surface prior to construction next to the proposed walls of a structure or the highest ground surface next to the structure.

61.

"Historic structure" means any structure that is:

(a)

Listed individually in the Department of Interior's National Register of Historic Places or preliminarily determined by the Secretary of the Interior as meeting the requirements for individual listing on the National Register;

(b)

Certified or preliminarily determined by the Secretary of the Interior as contributing to the historical significance of a registered historic district or a district preliminarily determined by the Secretary to qualify as a registered historic district;

(c)

Individually listed on a State inventory of historic places in states with historic preservation programs which have been approved by the Secretary of Interior; or

(d)

Individually listed on a local inventory of historic places in communities with historic preservation programs that have been certified either by an approved State program as determined by the Secretary of the Interior or directly by the Secretary of the Interior in states without approved programs.

62.

"Hydrodynamic load" means the forces imposed on structures by flood waters due to the impact of moving water on the upstream side of the structure, drag along its sides and eddies or negative pressures on its downstream side.

63.

"Hydrostatic load" means the forces imposed on a flooded structure due to the weight of the water.

64.

"Letter of map amendment" or "LOMA" means the procedure by which any owner or lessee of property who believes his or her property has been inadvertently included in a special flood hazard area can submit scientific and technical information to the Federal Insurance Administrator for review to remove the property from the special flood hazard area. The Administrator will not consider a LOMA if the information submitted is based on the alteration of topography or new hydrologic or hydraulic conditions since the effective date of the FIRM.

65.

"Letter of map revision" or "LOMR" means an official revision to a currently effective FIRM that officially changes flood zone designations, floodplain and floodway designations, flood elevations or planimetric features.

66.

"Letter of map revision based on fill" or "LOMR-F" means a letter from FEMA stating that an existing structure or parcel of land that has been elevated by fill would not be inundated by the base flood.

67.

"Levee" means a man-made structure, usually an earthen embankment, designed and constructed in accordance with sound engineering practices to contain, control or divert the flow of water to provide protection from temporary flooding.

68.

"Lowest floor" means the lowest floor of the lowest enclosed area, which includes a basement, but does not include an unfinished or flood-resistant enclosure, usable solely for parking of vehicles, building access or storage, in an area other than a basement area, provided that the enclosure does not violate applicable non-elevation design requirements.

69.

"Hazard mitigation plan" means a plan that incorporates processes to minimize the potential of future loss due to flooding by planning and implementing alternatives to floodplain management community-wide.

70.

"Manufactured home" or "mobile home" means a structure, transportable in 1 or more sections, which is built on a permanent chassis and designed for use with or without a permanent foundation when attached to the required utilities. The term does not include recreational vehicles.

71.

"Manufactured home park or subdivision" means a parcel or contiguous parcels of land divided into 2 or more manufactured home lots for rent or sale.

72.

"Market value" means, in relation to a substantial improvement determination, the value of the relevant structure only, and excluding the value of the underlying land, detached accessory structures and landscaping, as determined by:

(a)

Independent appraisals by a professional appraiser;

(b)

Detailed estimates of the structure's actual cash value, which can be used as a substitute for market value based on the preference of the community;

(c)

Property appraisals used for tax assessment purposes, using adjusted assessed value used as a screening tool only;

(d)

The value of buildings taken from NFIP claims data used as a screening tool only; or

(e)

Qualified estimates based on the sound professional judgment of staff of the local building department or local or State tax assessor's office.

As indicated above, some market value estimates should only be used as screening tools to identify those structures where the substantial improvement ratios are obviously less than or greater than 49 percent by determining if the ratio is less than 40 percent or greater than 60 percent. For structures that fall between the 40 percent to 60 percent range, more precise market value estimates should be used.

73.

"Natural grade" means the grade unaffected by construction techniques such as fill, landscaping or berming.

74.

"New construction" means structures for which the start of construction commenced on or after the effective date of the ordinance codified in this chapter.

75.

"New manufactured home subdivision" means a manufactured home park or subdivision for which the construction of facilities for servicing the lots on which the manufactured homes are to be affixed, including, without limitation, the installation of utilities, the construction of streets and either final site grading or the pouring of concrete pads is completed on or after the effective date of this chapter.

76.

"Non-residential" means a structure not used primarily for residential purposes and includes, but is not limited to, small business concerns, churches, schools, farm buildings, including without limitation, grain bins and silos, pool houses, clubhouses, recreational buildings, mercantile structures, agricultural and industrial structures, warehouses and hotels or motels with normal room rentals for less than six (6) months' duration.

77.

"Obstruction" means an object or material in, along, across or projecting into any watercourse which may alter, impede, retard or change the direction or velocity of the flow of water, or due to its location, has a propensity to snare or collect debris carried by the flow of water or increasing its likelihood of being carried downstream. The term includes, but is not limited to, a dam, wall, wharf, embankment, levee, dike, pile, abutment, protection, excavation, channelization, bridge, conduit, culvert, building, wire, fence, rock, gravel refuse, fill, structure or vegetation.

78.

"Physical map revisions" or "PMR" means a reprinted NFIP map incorporating changes to floodplains, floodways or flood elevations. Because of the time and cost involved to change, reprint and redistribute an NFIP map, a PMR is usually processed when a revision reflects large scope changes.

79.

"Ponding hazard" means a flood hazard that occurs in flat areas when there are depressions in the ground that collect ponds of water. The ponding hazard is represented by the zone designation AH on the FIRM.

80.

"Post-FIRM construction" means construction or substantial improvement that started on or after the effective date of the initial Flood Insurance Rate Map of the community or after December 31, 1974, whichever is later.

81.

"Pre-FIRM construction" means construction or substantial improvement which started on or before December 31, 1974, or before the effective date of the initial Flood Insurance Rate Map of the community, whichever is later.

82.

"Principal residence" means a single family dwelling in which, at the time of loss, the named insured or the named insured's spouse has lived for either 80 percent of the calendar year or 80 percent of the period of ownership, if less than 1 year.

83.

"Proper openings for enclosures" means, in relation to Zones A, A1-A30, AE, AO, AH, AR or AR dual, enclosures below the lowest floor that are designed, as required, to automatically equalize hydrostatic flood forces on exterior walls by allowing for the entry and exit of flood waters through a minimum of 2 openings, with positioning on at least 2 walls, having a total net area of not less than 1 square inch for every square foot of enclosed area subject to flooding.

84.

"Public safety" means, in relation to the granting of a variance, the variance will not result in anything which is injurious to safety or to health of people, neighborhoods or community.

85.

"Recreational vehicle" means a vehicle built on a single chassis that is 400 square feet or less when measured at the largest horizontal projection, designed to be self-propelled or permanently towable by a light-duty truck and designed primarily not for use as a permanent dwelling but as temporary living quarters for recreational, camping, travel or seasonal use.

86.

"Special Flood Hazard Area" or "SFHA" means the darkly shaded area on a Flood Hazard Boundary Map or a Flood Insurance Rate Map that identifies an area that has a 1 percent chance of being flooded in any given year. Over a 30-year period, the life of most mortgages, there is at least a 26 percent chance that this area will be flooded. The FIRM identifies these shaded areas as FIRM Zones A, AO, AH, A1—A30, AE, A99, AR, AR/A, AR/AE, AR/A1—A30, AR/AH, AR/AO, V, V1—V30 and VE.

87.

"Start of construction" means the date a building permit was issued for a substantial improvement and other proposed new development, provided the actual start of construction, repair, reconstruction, rehabilitation, addition, placement or other improvement was within 180 days from the date of the permit. The actual start means either the first placement or permanent construction of a structure on a site, such as the placement of a manufactured home on a foundation, the pouring of slab or footings, the installation of piles, the construction of columns or any work beyond the stage of excavation. Permanent construction does not include land preparation, such as clearing, grading and filling, the installation of streets or walkways, excavation for a basement, footings, piers or foundations, the erection of temporary forms or the installation on the property of accessory buildings, such as garages or sheds not occupied as dwelling units or not part of the main structure. For a substantial improvement, the actual start of construction means the first alteration of any wall, ceiling, floor or other structural part of a building, whether or not that alteration affects the external dimensions of the building.

88.

"Substantial damage" means damage of any origin sustained by a structure whereby the cost of restoring the structure to its before-damage condition would equal or exceed 49 percent of the market value of the structure before the damage occurred.

89.

"Substantial improvement" means any reconstruction, rehabilitation, addition or other proposed new development of a structure, the cost of which equals or exceeds 49 percent of the market value of the structure before the start of construction of the improvement. This term includes structures which have incurred substantial damage, regardless of the actual repair work performed. The term does not include:

(a)

Any project for improvement of a structure to correct existing violations of state or local health, sanitary or safety code specifications which have been identified by the local code enforcement official and which are the minimum necessary to assure safe living conditions; or

(b)

Any alteration of a historic structure, provided that the alteration will not preclude the structure's continued designation as a historic structure.

90.

"Variance" means a grant of relief from the requirements of this chapter which permits construction in a manner that would otherwise be prohibited by this chapter.

91.

"Violation" means the failure of a structure, whether new, substantially damaged or substantially improved, or other development to be fully compliant with this chapter. A structure or other development in a special flood hazard area, without an elevation certificate, other certifications or other evidence of compliance required in this chapter is presumed to be in violation until such time as that documentation is provided.

92.

"Water surface elevation" means the height, in relation to the North American Vertical Datum of 1988, or other datum, where specified, of floods of various magnitudes and frequencies in the floodplains of coastal or riverine areas.

93.

"Watercourse" means a lake, river, creek, stream, wash, arroyo, channel or other topographic feature on or over which waters flow at least periodically. The term includes specifically designated areas in which substantial flood damage may occur.

94.

"2010 Carson City Control Network" means the record of survey map recorded on August 11, 2010, as map number 2749, document number 403435 in the Carson City Clerk-Recorder's Office.

(Ord. 2005-26 § 2, 2005: Ord. 1995-46 § 1, 1995: Ord. 1988-4 § 1, 1988: Ord. 1986-7 § 3, 1986).

(Ord. No. 2011-15, § II, 9-1-2011; Ord. No. 2023-13, § I, 11-16-2023)

The legislature of the State of Nevada in Nevada Revised Statutes 278.020, 244A.057, and 543.020 confers upon local government units authority to adopt regulations designed to promote the public health, safety, and general welfare of its citizenry. Therefore, the Board of Supervisors of Carson City does hereby adopt the following floodplain management regulations.

(Ord. 2005-26 § 3, 2005).

(Ord. No. 2011-15, § II, 9-1-2011)

1.

That the flood hazard areas of Carson City are subject to periodic inundation which results in loss of life and property, health and safety hazards, disruption of commerce and governmental services, extraordinary public expenditures for flood protection and relief, and impairment of the tax base, all of which adversely affect the public health, safety and general welfare.

2.

That these flood losses are caused by the cumulative effect of obstructions in areas of special flood hazards which increase flood heights and velocities, and when inadequately anchored, damage uses in other areas. Uses that are inadequately floodproofed, elevated or otherwise protected from flood damage also contribute to the flood loss.

(Ord. 1986-7 § 4, 1986).

(Ord. No. 2011-15, § II, 9-1-2011)

It is the purpose of this chapter to promote the public health, safety, and general welfare, and to minimize public and private losses due to flood conditions in specific areas by provisions designed:

1.

To protect human life and health;

2.

To minimize expenditure of public money for costly flood-control projects;

3.

To minimize the need for rescue and relief efforts associated with flooding and generally undertaken at the expense of the general public;

4.

To minimize prolonged business interruptions;

5.

To minimize damage to public facilities and utilities such as water and gas mains, electric, telephone and sewer lines, streets and bridges located in areas of special flood hazard;

6.

To help maintain a stable tax base by providing for the sound use and development of areas of special flood hazard so as to minimize future blight areas;

7.

To ensure that potential buyers are notified that property is in an area of special flood hazard; and

8.

To ensure that those who occupy the areas of special flood hazard assume responsibility for their actions; and

9.

To maintain qualifying standards for participation in the National Flood Insurance Program.

(Ord. 1986-7 § 5, 1986).

(Ord. No. 2011-15, § III, 9-1-2011)

In order to accomplish its purposes, this chapter includes methods and provisions for:

1.

Restricting or prohibiting uses which are dangerous to health, safety, and property due to water or erosion hazards, or which result in damaging increases in erosion or in flood heights or velocities;

2.

Requiring that land uses vulnerable to floods, including facilities which serve such uses, be protected against flood damage at the time of initial construction;

3.

Controlling the alteration of natural floodplains, stream channels and natural protective barriers, which help accommodate or channel floodwaters;

4.

Controlling, filling, grading, dredging, and other development which may increase flood damage; and

5.

Preventing or regulating the construction of flood barriers which will unnaturally divert floodwaters or which may increase flood hazards in other areas.

(Ord. 1986-7 § 6, 1986).

(Ord. No. 2011-15, § VI, 9-1-2011)

The general provisions of this chapter are as follows:

1.

Lands to which this Chapter Applies. This chapter shall apply to all areas of special flood hazards within the jurisdiction of Carson City.

2.

Basis for Establishing the Areas of Special Flood Hazard. The areas of special flood hazard identified by the Federal Insurance Administration, through the Federal Emergency Management Agency in the Flood Insurance Study (FIS), with the accompanying Flood Insurance Rate Maps (FIRM), dated March 4, 1986 and all subsequent amendments and/or revisions, are hereby adopted by reference and declared to be a part of this chapter. The Flood Insurance Study is on file at the Development Services - Engineering for Carson City in its offices of record for public reference and review.

3.

Compliance. No structure or land shall hereafter be constructed, located, extended, converted or altered without full compliance with the terms of this chapter and other applicable regulations. Violations of the provisions of this chapter by failure to comply with any of its requirements (including violations of conditions and safeguards established in connection with conditions) shall constitute a misdemeanor. Any person who violates this chapter or fails to comply with any of its requirements shall upon conviction be guilty of a misdemeanor of each violation, and in addition shall pay all costs and expenses involved in the case. Nothing herein contained shall prevent Carson City from taking such other lawful actions as is necessary to prevent or remedy any violation.

4.

Abrogation and Greater Restrictions. This chapter is not intended to repeal, abrogate or impair any existing easements, covenants or deed restrictions. However, where the ordinance codified in this chapter and another chapter, easement, covenant or deed restriction conflict or overlap, whichever imposes the more stringent restrictions shall prevail.

5.

Interpretation. In the interpretation and application of this chapter, all provisions shall be:

a.

Considered as minimum requirements;

b.

Liberally construed in favor of the governing body; and

c.

Deemed neither to limit nor repeal any other powers granted under state statutes.

6.

Warning and Disclaimer of Liability. The degree of flood protection required by this chapter is considered reasonable for regulatory purposes and is based on scientific and engineering considerations. Larger floods can and will occur on rare occasions. Flood heights may be increased by man—made or natural causes. This chapter does not imply that land outside the areas of special flood hazards or uses permitted within such area will be free from flooding or flood damages. This chapter shall not create liability on the part of Carson City, any officer or employee thereof, or the Federal Insurance Administration, for any flood damages that result reliant on this chapter or any administrative decision lawfully made hereunder.

7.

Declaration of Public Nuisance. Every new structure, building, fill, excavation or development located or maintained within any area of special flood hazard after March 4, 1986 is in violation of this chapter and considered a public nuisance per se and may be abated, prevented or restrained by action of this political subdivision.

8.

Unlawful Acts. It is unlawful for any person to divert, retard or obstruct the flow of waters in any watercourse whenever it creates a hazard to life or property without securing the appropriate local, state and/or Federal permit(s). Any person violating the provisions of this section shall be guilty of a misdemeanor.

9.

Severability. This chapter and the various parts thereof are hereby declared to be severable. Should any section of this ordinance be declared by the courts to be unconstitutional or invalid, such decisions shall not affect the validity of the chapter as a whole, or any portion thereof other than the section so declared to be unconstitutional or invalid.

(Ord. 2005-26 § 4, 2005: Ord. 1995-46 § 2, 1995: Ord. 1992-20 § 1, 1992: Ord. 1988-4 § 2, 1988: Ord. 1986-7 § 7, 1986).

(Ord. No. 2011-15, § V, 9-1-2011)

This chapter shall be administered as follows:

1.

Establishment of Development Permit. A development permit shall be obtained before construction or development begins within any area of special flood hazard established pursuant to this chapter. The permit shall be for all structures including manufactured homes, and for all development including fill and other activities.

Application for a development permit shall be made on forms furnished by the Permit Center and may include, but not be limited to: plans in duplicate scale showing the nature, location, dimensions, and elevation of the area in question; existing or proposed structures, fill, storage of materials, drainage facilities; and the location of the foregoing. Specifically, the following information is required:

a.

Proposed elevation in relation to mean sea level, of the lowest floor (including basement) of all residential and non-residential structures whether new or substantially improved to be located in Zones A, A1—A30, AE, and AH, if base flood elevations data are available;

b.

Proposed elevation in relation to mean sea level to which any new or substantially improved non-residential structure will be floodproofed;

c.

Certification by a registered professional engineer or architect that the floodproofing methods for any nonresidential structure and/or any utility meets the floodproofing criteria;

d.

Description of the extent to which any watercourse will be altered or relocated as a result of proposed development. When a watercourse will be altered or relocated as a result of the proposed development, the applicant must submit the maps, computations, and other materials required by the Federal Emergency Management Agency (FEMA) to process a Letter of Map Revision (LOMR) and pay any fees or other costs assessed by FEMA for processing the revision;

e.

In Zone AO the proposed elevation in relation to mean sea level, of the lowest floor (including basement) and the elevation of the highest adjacent grade of all residential and noni?1/21/21/21/21/21/21/21/2residential structures whether new or substantially improved;

f.

A technical analysis, by a professional engineer licensed in the State of Nevada, showing the proposed development located in the special flood hazard area will not cause physical damage to any other property; and

g.

When there is no base flood elevation data available for Zone A from any source, the base flood elevation data will be provided by the permit applicant for all proposed development of subdivisions, manufactured home and recreational vehicle parks in the special flood hazard areas, for all developments of fifty (50) lots or five (5) acres, whichever is less.

h.

Basis of elevation for floodplain analysis and certificates shall use the 2010 Carson City Control Network vertical data.

2.

Designation of the Local Floodplain Administrator. The City Engineer or his designee is hereby appointed to administer and implement this chapter by granting or denying development applications in accordance with its provisions.

3.

Duties and Responsibilities of the Administrator. The duties and responsibilities of the administrator shall include, but not be limited to:

a.

Permit Review.

(1)

Review of development applications to determine that the requirements of this chapter have been satisfied;

(2)

Review of all applications to determine that the site is reasonably safe from flooding;

(3)

Review of all development applications to determine if the proposed development in the Special Flood Hazard Area may result in physical damage to any other property to include stream bank erosion and any increase in velocities or that it does not adversely affects the flood-carrying capacity of the area where base flood elevations have been determined but a floodway has not been designated. For purposes of this chapter, "adversely affected" means that the cumulative effect of the proposed development, when combined with all other existing and anticipated development, will not increase the water surface elevation of the base flood more than 0.99 foot at any point. To assist the Local Floodplain Administrator in making this determination, the permit applicant may be required to submit additional technical analyses;

(4)

Review of all proposals for the development of five (5) parcels or more to assure that the flood discharge exiting the development after construction is equal to or less than the flood discharge at the location prior to development;

(5)

Review all development applications to determine that all necessary permits have been obtained from those federal, state, or local governmental agencies from which prior approval is required; and

(6)

Verify that vertical elevations used for any analysis or certificate is from the 2010 Carson City Control Network vertical data.

b.

Use of Other Base Flood Data.

(1)

When base flood elevation data has not been provided, the Local Floodplain Administrator shall obtain, review, and reasonably utilize the best base flood data available from any source: federal, state, or other; such as high water marks(s), floods of record, or private engineering reports, in order to administer this chapter and provide the developer with an estimated base flood elevation.

(2)

Multiple parcels (five (5) or more) will be required to have all proposals establish the one hundred-year base flood elevation before consideration of the tentative plan for development. The Local Floodplain Administrator may, at his/her discretion, require standards exceeding those identified in this chapter. Any higher standards above those in this chapter shall be adopted by the Board of Supervisors.

c.

Information to be Obtained and Maintained. The Local Floodplain Administrator shall obtain and retain for public inspection and have available for the National Flood Insurance Program coordinator or the Federal Emergency Management Agency representative conducting a Community Assistance Visit, the following:

(1)

Floodplain development permits and certificates of compliance.

(2)

Elevation Certificates with record of certification required by for Lowest Floor Certification.

(3)

Certifications required for Nonresidential Floodproofing.

(4)

Elevation Certificates with record of certification required for Areas Below the Lowest Floor.

(5)

Elevation Certificates with record of certification of elevation required for Subdivisions.

(6)

Certification required for Floodways.

(7)

Variances issued pursuant to Variance Procedures.

(8)

Notices required under Alteration of Watercourses.

d.

Alteration of Watercourse. Prior to issuing a permit for any alteration or relocation of watercourse the Local Floodplain Administrator must:

(1)

Notify all adjacent communities, Nevada's National Flood Insurance Program Coordinator, and submittal of evidence of such notification to the Federal Insurance Administration, and the Federal Emergency Management Agency;

(2)

Determine that the potential permit recipient has provided for maintenance within the altered or relocated portion of said watercourse so that the flood carrying capacity is not diminished; and

(3)

Have received a Conditional Letter of Map Revision (CLOMR) determination from FEMA.

(4)

Provide funds from the Developer to the City for processing the Letter of Map Revision (LOMR).

a.

Funds shall be in United States currency.

b.

The amount of the funds shall be determined by an independent professional firm and shall include data collection, modeling, document research and preparation, FEMA processing fees, and filing of FEMA forms. The cost of the estimate will be split by the City and the Developer.

c.

Once the funds are agreed upon and collected by the City, there will be no further obligation from the Developer for the LOMR.

e.

Interpretation of Flood Insurance Rate Map (FIRM) Boundaries. The Local Floodplain Administrator or his designee may provide interpretations, where needed, as to the exact location of the boundaries of the areas of special flood hazards (for example, where there appears to be a conflict between a mapped boundary and actual field conditions).

f.

Maintenance of Flood Protection Measures. The maintenance of any and all flood protection measures (levees, dikes, dams, or reservoirs) will be required of the jurisdiction where such measures provide protection. If these measures are privately owned, an operation or maintenance plan will be required of the owner to be on file with Development Services. Carson City is required to acknowledge all maintenance plans by the adoption of such plans by ordinance.

g.

Hazard Mitigation Plan. The planning commission and board of supervisors shall be responsible for reviewing all proposals for new development and shall weigh all requests for future floodplain development against the city's master plan. Consideration of the following elements is required before approval:

(1)

Determination of whether or not a proposed development is in or affects a known floodplain.

(2)

Inform the public of the proposed activity.

(3)

Determine if there is a practicable alternative or site for the proposed activity.

(4)

Identify impact of the activity on the floodplain.

(5)

Provide a plan to mitigate the impact of the activity.

h.

Submission of New Technical Data to FEMA. When Carson City base flood elevations either increase or decrease resulting from physical changes affecting flooding conditions, as soon as practicable, but not later than six (6) months after the date such information becomes available, Carson City will submit the technical or scientific data to FEMA. Such submissions are necessary so that upon confirmation of the physical changes affecting flooding conditions, risk premium rates and flood plain management requirements will be based upon current data.

(Ord. 2005-26 § 5, 2005: Ord. 1995-46 § 3, 1995: Ord. 1988-4 § 3, 1988: Ord. 1986-7 § 8, 1986).

(Ord. No. 2011-15, § VI, 9-1-2011)

1.

Standards for Construction. In all areas of special flood hazard, the following standards are required:

(a)

Anchoring.

(1)

All new construction and substantial improvements must be anchored to prevent flotation, collapse or lateral movement of the structure resulting from hydrodynamic and hydrostatic loads, including the effects of buoyancy.

(2)

All manufactured homes must meet the anchoring standards for manufactured homes.

(b)

Construction Materials and Methods.

(1)

All new construction and substantial improvements must be constructed with materials and utility equipment resistant to flood damage.

(2)

All new construction and substantial improvements must use methods and practices that minimize flood damage.

(3)

All elements that function as a part of the structure, such as electrical, heating, ventilation, plumbing, air conditioning equipment and other service facilities must be elevated at least one (1) foot above the BFE or flood depth, and located so as to prevent water from entering or accumulating within the components during conditions of flooding.

(4)

Within Zones AH or AO, improvements must provide adequate drainage paths around structures on slopes to guide flood waters around and away from proposed structures.

(c)

Elevation Requirements for Lowest Floor.

(1)

In Zone AO, the lowest floor of a structure must be elevated above the highest adjacent grade to a height two (2) feet above the depth number specified in feet on the FIRM, or elevated at least three (3) feet above the highest adjacent grade if no depth number is specified.

(2)

In Zone A, the lowest floor of a structure must be elevated two (2) feet above the base flood elevation, as determined by Local Floodplain Administrator.

(3)

In all other zones, the lowest floor of a structure must be elevated at least two (2) feet above the base flood elevation.

(d)

Lowest Floor Certification Requirements. Upon completion of the structure, the elevation of the lowest floor, including basement, must be certified by a registered professional engineer or surveyor and verified by the community building inspector to be properly elevated. The certification shall be provided to the Local Floodplain Administrator using the current FEMA Elevation Certificate.

(e)

Nonresidential Floodproofing Requirements. Nonresidential construction must:

(1)

Be elevated at least one (1) foot above the BFE or flood depth;

(2)

Be floodproofed below the one (1) foot of freeboard so that the structure is watertight with walls substantially impermeable to the passage of water;

(3)

Have the structural components capable of resisting hydrostatic and hydrodynamic loads and effects of buoyancy; and

(4)

Have a certification from a registered professional engineer or architect, to be provided to the Local Floodplain Administrator, certifying that these standards are satisfied.

(f)

Requirements for Areas Below the Lowest Floor. All new construction and substantial improvements with fully enclosed areas below the lowest floor, excluding basements, that are usable solely for parking of vehicles, building access or storage, and which are subject to flooding, must be designed to automatically equalize hydrostatic flood forces on exterior walls by allowing for the entry and exit of flood waters. Designs for meeting this requirement must follow the guidelines in FEMA Technical Bulletin TB-1, relating to openings in foundation walls and enclosures, and FEMA Technical Bulletin TB-7, relating to wet floodproofing requirements, and must be certified by a licensed professional engineer or architect to meet or exceed the following minimum criteria:

(1)

Designs include a minimum of two (2) openings having a total net area of not less than one (1) square inch for every square foot of enclosed area subject to flooding. Openings may be equipped with louvers, valves, screens or other coverings or devices if they permit the automatic entry and exit of flood waters.

(2)

The bottom of all such openings will be no higher than one (1) foot above the lowest adjacent finished grade.

2.

Standards for Alluvial Fans. Areas subject to alluvial-fan flooding have irregular flow paths that result in erosion of existing channels and the undermining of fill material. Those areas are identified on the Flood Insurance Rate Map as AO Zones with velocities. For new construction and substantial improvements in areas subject to alluvial fan flooding:

(a)

All structures must be securely anchored to minimize the impact of the flood and sediment damage.

(b)

All new construction and substantial improvements must be elevated on pilings, columns or armored fill so that the bottom of the lowest floor beam is elevated at or above the depth number.

(c)

All fill materials used must be armored to protect the material from the velocity of the flood flow.

(d)

All proposals for subdivision development must provide a mitigation plan that identifies the engineering methods used to:

(1)

Protect structures from erosion and scour caused by the velocity of the flood flow; and

(2)

Capture or transport flood and sediment flow through the subdivision to a safe point of disposition.

(e)

Manufactured homes shall be prohibited within the identified hazard area except within existing manufactured home parks or subdivisions.

(f)

Approval by the director of public works is required.

3.

Standards for Utilities.

(a)

All new and replacement water supply systems must be designed to minimize or eliminate infiltration of flood waters into the system.

(b)

On-site waste disposal system must be located to avoid impairment to them or contamination from them during flooding.

(c)

All new and replacement sanitary sewage systems must be designed to minimize or eliminate infiltration of flood waters or discharge from the systems into flood waters. Sanitary sewer and storm drainage systems for buildings that have openings below the base flood elevation must be provided with automatic backflow valves or other automatic backflow devices that are installed in each discharge line passing through a building's exterior wall.

4.

Standards for Subdivisions.

(a)

All preliminary subdivision proposals must identify the flood hazard area and the elevation of the base flood.

(b)

All final subdivision plans must provide the elevation of proposed structures, pads and adjacent grade. If the site is filled above the base flood, the final pad elevation must be certified by a registered professional or surveyor and provided to the official as set forth in this chapter.

(c)

All subdivision proposals must be consistent with the need to minimize flood damage.

(d)

All subdivision proposals must have public utilities and facilities such as sewer, gas, electrical and water systems located and constructed to minimize flood damage.

(e)

All subdivision proposals must have adequate drainage provided to reduce exposure to flood damage as set forth in this chapter. Certification of compliance shall be required of the developer and the project's engineer.

(f)

Additionally all subdivision proposals must demonstrate, by providing a detailed hydrologic and hydraulic analyses, that the proposed development, when combined with all other existing and anticipated development, will not increase the water surface elevation of the base flood more than 0.99 foot at any point within the Special Flood Hazard Area.

5.

Standards for Manufactured Homes.

(a)

Manufactured homes that are placed or substantially improved within Zones A, AH or AE, and on the community's Flood Insurance Rate Map, on sites located:

(1)

Outside of a manufactured home park or subdivision;

(2)

In a new manufactured home park or subdivision;

(3)

In an expansion to an existing manufactured home park or subdivision; or

(4)

In an existing manufactured home park or subdivision on a site upon which a manufactured home has incurred substantial damage as a result of a flood.

Must be elevated on a permanent foundation so that the lowest floor will be elevated at least two (2) feet above the base flood elevation and be securely anchored to an adequately anchored foundation system to resist flotation, collapse and lateral movement. Methods of anchoring may include, but are not to be limited to, use of over-the-top or frame ties to ground anchors. This requirement is in addition to applicable State and local anchoring requirements for resisting wind forces.

(b)

Manufactured homes to be placed or substantially improved on sites in an existing manufactured home park or subdivision within Zones A, AH or AE on the community's Flood Insurance Rate Map that are not subject to the provisions for the Standards for Critical Structures shall be elevated so that:

(1)

The bottom of structural frame or the lowest point of the manufactured home is at least two (2) feet above the base flood elevation; and

(2)

The manufactured home chassis is supported by reinforced piers or other foundation elements of at least equivalent strength that are no less than thirty-six (36) inches in height above grade plus freeboard and securely anchored to an adequately anchored foundation system to resist flotation, collapse and lateral movement.

(c)

Within Zone A, when no base flood elevation data is available, new and substantially improved manufactured homes must have the floor elevated at least three (3) feet above the highest adjacent grade.

(d)

Within Zone AO, the lowest floor for all new and substantially improved manufactured homes must be elevated above the highest adjacent grade at least two (2) feet above the depth number specified on the Flood Insurance Rate Map, or at least three (3) feet if no depth number is specified. Upon the completion of the structure, the elevation of the lowest floor including basement must be certified by a registered professional.

6.

Floodways. Since the floodway is an extremely hazardous area due to the velocity of flood waters, which carry debris, potential projectiles and erosion potential, the following provisions apply:

(a)

If a floodway has not been designated within the special flood hazard areas established in Basis for Establishing Areas of Special Flood Hazard, no new construction, substantial improvement or other development, including fill, shall be permitted within Zones A1—30 and AE, unless it has been demonstrated that the cumulative effect of the proposed development, when combined with all other existing and anticipated development, will not increase the water surface elevation of the base flood more than 0.99 foot at any point within the community.

(b)

In designated floodways located within the special flood hazard areas established in Basis for Establishing Areas of Special Flood Hazard, encroachment shall be prohibited, including fill, new construction, substantial improvements, storage of equipment or supplies and any other development within the adopted regulatory floodway, unless it has been demonstrated through hydrologic and hydraulic analyses performed, in accordance with standard engineering practice, that the proposed encroachment would not result in any increase in flood levels within the community during the occurrence of the base flood discharge, all requirements outlined in 44 CFR 60.3 (d)(4), as may be amended, have been met and the Federal Emergency Management Agency has issued a Conditional Letter of Map Revision.

(c)

If the conditions set forth in paragraphs (a) or (b) have been satisfied, all proposed new development and substantial improvements must comply with all other applicable flood hazard reduction provisions of Provisions for Flood Hazard Reduction.

(d)

No manufactured homes shall be placed in a floodway except in existing manufactured home parks or subdivisions.

7.

Standards for Recreational Vehicles. All recreational vehicles placed on sites within the floodplain on the community's Flood Insurance Rate Map must:

(a)

Be on the site for fewer than one hundred eighty (180) consecutive days;

(b)

Be fully licensed and on its wheels or a jacking system, attached to the site only by quick disconnect type utilities and security devices and free of any permanently attached additions; or

(c)

Will meet the permit, elevation and anchoring requirements for manufactured homes for Standards for Manufactured Homes.

8.

Standards for Critical Structures. Critical structures are not authorized in a Special Flood Hazard Area or Shaded X flood zone, unless:

(a)

All alternative locations in Flood Zone X (unshaded) have been considered and rejected; and

(b)

New critical facilities are protected to at least one (1) foot above the 500-year flood level.

9.

If the Local Floodplain Manager determines the only practical alternative location for the development of a new or substantially improved critical structure is in a Special Flood Hazard Area, he or she must give public notice of the decision and reasons for the elimination of all alternative locations.

10.

Protection of Floodplain Storage Capacity. Whenever any portion of a floodplain is authorized for use, the space occupied by the authorized fill or structure below the base flood elevation must be compensated for and balanced by a hydraulically equivalent volume of excavation taken from below the base flood elevation. All such excavations be constructed to drain freely to the watercourse.

(Ord. 2005-26 § 6, 2005: Ord. 1995-46 § 4, 1995: Ord. 1988-4 § 4, 1988: Ord. 1986-7 § 9, 1986).

(Ord. No. 2011-15, § VII, 9-1-2011; Ord. No. 2023-13, § II, 11-16-2023)

1.

Nature of Variances. The variance criteria set forth in this chapter are based on the general principal of zoning law that variances pertain to a piece of property and are not personal in nature. A variance may be granted for a parcel of property with physical characteristics so unusual that complying with the requirements of this ordinance would create an exceptional hardship to the applicant or the surrounding property owners. The characteristics must be unique to the property and not be shared by adjacent parcels. The unique characteristic must pertain to the land itself, not to the structure, its inhabitants or the property owners.

It is the duty of the Board of Supervisors to help protect its citizens from flooding. This need is so compelling and the implications of the cost of insuring a structure built below flood level are so serious that variances from the flood elevation or from other requirements in the flood ordinance are quite rare. The long-term goal of preventing and reducing flood loss and damage can only be met if variances are strictly limited. Therefore, the variance guidelines provided in this ordinance are more detailed and contain multiple provisions that must be met before a variance can be properly granted. The criteria are designed to screen out those situations in which alternatives other than a variance are more appropriate.

If, upon review, the Administrator of FEMA determines that community practices indicate a pattern of issuing variances that is inconsistent with the objectives of sound flood plain management, the community may be suspended from the National Flood Insurance Program.

2.

Appeals to the Board of Supervisors.

(a)

The Board of Supervisors shall hear and decide appeals and requests for variances from the requirements of this chapter.

(b)

The Board of Supervisors shall hear and decide appeals, if filed within thirty (30) days from any decision or determination, when it is alleged there is an error in any requirement, decision or determination made by the Local Floodplain Administrator.

(c)

The decision of the Board of Supervisors on an appeal is final. A party aggrieved by the decision of the Board of Supervisors may appeal such decision to the appropriate court as provided in NRS 278.3195, as may be amended.

(d)

In passing upon such applications, the Board of Supervisors shall consider all technical evaluations, any relevant factors or standards specified in other sections of this chapter and:

(1)

The danger that materials may be swept onto other lands to the injury of others;

(2)

The danger to life and property due to flooding or erosion damage;

(3)

The susceptibility of the proposed structure or development and its contents to flood damage and the effect of such damage on the individual owner;

(4)

The importance of the services provided by the proposed structure or development to the community;

(5)

The necessity to the structure or development of a riverfront location, where applicable;

(6)

The availability of alternative locations for the proposed uses that are not subject to flooding or erosion damage;

(7)

The compatibility of the proposed use with existing and anticipated development;

(8)

The relationship of the proposed use to Carson City's master plan and floodplain management program for that area;

(9)

The safety of access to the property in times of flood for ordinary and emergency vehicles;

(10)

The expected heights, velocity, duration, rate of rise and sediment transport of the flood waters and the effects of wave action, if applicable, expected at the site; and

(11)

The costs of providing governmental services during and after flood conditions, including maintenance and repair of public utilities and facilities such as sewer, gas, electrical and water system, streets and bridges.

(e)

Any applicant to whom a variance is granted shall be given written notice, signed by an appropriate community official, that:

(1)

The issuance of a variance to construct a structure below the base flood level will result in increased premium rates; and

(2)

Such construction below the base flood level increases risks to life and property.

It is recommended that a copy of the notice be recorded by the Local Floodplain Administrator in the Office of the Carson City Recorder in a manner so that it appears as an exception on the title of the affected parcel of land.

(f)

The Local Floodplain Administrator shall maintain a record of all variance actions, including justification for their issuance, and report such variances issued in its biennial report submitted to the Federal Emergency Management Agency.

3.

Conditions for Variances.

(a)

Generally, variances may be issued for new construction, substantial improvements and other proposed new development to be erected on a lot of 0.5 acre or less in size that is contiguous to and surrounded by lots with existing structures constructed below the base flood level if the procedures of Administration and Provisions for Flood Hazard Reduction of the ordinance have been fully considered. As the lot size increases beyond 0.5 acre, the technical justification required for issuing the variance increases.

(b)

Variances may be issued for the repair or rehabilitation of historic structures upon a determination that the proposed repair or rehabilitation will not preclude the structure's continued designation as an historic structure and the variance is the minimum necessary to preserve the historic character and design of the structure.

(c)

Variances may not be issued within any mapped regulatory floodway if any increase in flood levels during the base flood discharge would result.

(d)

Variances may only be issued upon a determination that the variance is the minimum necessary, considering the flood hazard, to afford relief. As used in this paragraph, "minimum necessary" means to afford relief with a minimum of deviation from the requirements of this ordinance. For example, in the case of variances to an elevation requirement, the Board of Supervisors need not grant permission for the applicant to build at grade, or even to whatever elevation the applicant proposed, but only to that elevation which the Board of Supervisors believes will both provide relief and preserve the integrity of the local ordinance.

(e)

Variances may only be issued upon:

(1)

Showing of good and sufficient cause;

(2)

A determination that failure to grant the variance would result in exceptional hardship to the applicant; and

(3)

A determination that the granting of a variance will not create a nuisance, cause fraud or victimization, conflict with existing local laws or ordinances or result in increased flood heights, additional threats to public safety or extraordinary public expense.

(f)

Variances may be issued for new construction, substantial improvement and other proposed new development necessary for the conduct of a functionally dependent use provided that subsections (a) through (e), inclusive, of Conditions for Variances are satisfied and that the structure or other development is protected by methods that minimize flood damages during the base flood, does not result in additional threats to public safety and does not create a public nuisance.

(g)

Upon consideration of all the relevant factors and the purposes of this ordinance, the Board of Supervisors may attach such conditions to the granting of variances as it deems necessary to further the purposes of this ordinance.

(Ord. 2005-26 § 7, 2005: Ord. 1995-46 § 5, 1995: Ord. 1986-7 § 10, 1986).

(Ord. No. 2011-15, § VIII, 9-1-2011; Ord. No. 2023-13, § III, 11-16-2023)

1.

Letter of Map Revision/Amendment. National Flood Insurance Program regulations provide procedures to remove property from the one hundred-year floodplain or from a Special Flood Hazard Area. Amendments and revisions to community Flood Insurance Rate Maps can not adversely impact the floodplain or floodway delineation's of the level of the one hundred-year flood.

There are several procedures provided whereby the Federal Insurance Administrator will review information from the community, an owner, or a lessee of property where it is believed the property should not be included in a Special Flood Hazard Area.

Submissions to FEMA for revisions to effective Flood Insurance Studies (FISs) by individual and community requesters will require the signing of application/certification forms. These forms will provide FEMA with assurance that all pertinent data relating to the revision is included in the submittal. They will also assure that: (a) the data and methodology are based on current conditions; (b) qualified professional have assembled data and performed all necessary computations; and (c) all individuals and organizations impacted by proposed changes are aware of the changes and will have an opportunity to comment on them. FEMA procedures permit the following types of request:

A request for a revision to the effective FIS information (FIRM, FBFM, and/or FIS report) is usually a request that FEMA replace the effective floodplain boundaries, flood profiles, floodway boundaries, etc., with those determined by the requester. Before FEMA will replace the effective FIS information with the revised information, the requester must: (a) provide all of the data used in determining the revised floodplain boundaries, flood profiles, floodway boundaries, etc.; (b) provide all data necessary to demonstrate that the physical modifications to the floodplain have been adequately designed to withstand the impacts of the one percent (1%) annual chance flood event and facilities will be adequately maintained; (c) demonstrate that the revised information (e.g., hydrologic and hydraulic analyses and the resulting floodplain and floodway boundaries) are consistent with the effective FIS information.

Requests for amendments or revisions to FEMA maps must be reviewed and submitted to FEMA by Carson City with the applicant for a map amendment or revision required to prepare all the supporting information and appropriate FEMA forms.

The scientific or technical information to be submitted with these requests may include, but is not limited to the following:

a.

An actual copy of the recorded plat map bearing the seal of the appropriate recordation official County Clerk or Recorder of Deeds indicating the official recordation and proper citation, Deed or Plat Book Volume and Page Number, or an equivalent identification where annotation of the deed or plat book is not the practice.

b.

A topographical map showing;

(1)

Ground elevation contours in relation to the NGVD (National Geodetic Vertical Datum).

(2)

The total area of the property in question.

(3)

The location of the structure or structures located on the property in question.

(4)

The elevation of the lowest adjacent grade to a structure or structures.

(5)

An indication of the curvilinear line which represents the area subject to inundation by a base flood. The curvilinear line should be based upon information provided by an appropriate authoritative source, such as a Federal Agency, Department of Water Resources, a County Water Control District, a County or City Engineer, a Federal Emergency Management Agency Flood Insurance Study, or a determination by a Registered Professional Engineer.

c.

A copy of the FHBM or FIRM indicating the location of the property in question.

d.

A certification by a Registered Professional Engineer or Licensed Land Surveyor that the lowest grade adjacent to the structure is above the base flood elevation.

e.

The completion of the appropriate forms in the Federal Emergency Management Agency's Packets, Amendments and Revisions To National Flood Insurance Program Maps (MT-1 FEMA FORM 81-87 Series and MT-2 FEMA FORM 81-89 Series).

(Ord. 2005-26 § 8, 2005: Ord. 1995-46 § 6, 1995: Ord. 1986-7 § 11, 1986).

(Ord. No. 2011-15, § IX, 9-1-2011)

The following terms have the meaning ascribed to them in this section unless the context requires otherwise:

1.

"Applicant" means the person, firm, association, corporation, or government agency applying for reclaimed water service.

2.

"Average month" means 30 days.

3.

"Billing period" means the time interval between two (2) consecutive actual or estimated meter readings that are made for billing purposes.

4.

"Branch service" means a service that is not directly connected to a reclaimed water main and has as its source of supply from another reclaimed water service.

5.

"Building permit" means the written authorization issued by Carson City allowing the initiation of construction of facilities to connect with the Carson City reclaimed water system.

6.

"City" means Carson City, a consolidated municipality and its authorized employees.

7.

"Commercial, commercial enterprise" means any establishment or business operating for profit, whether or not a profit is in fact realized, except as may be modified by this chapter.

8.

"Connection charges" means the charge levied for the pro rata share of the reclaimed water system based on a volume basis as determined by the utilities director or his/her designee.

9.

"Customer" means the person in whose name service is rendered as evidenced by the signature on the application or contract for that service, or in the absence of a signed instrument, by the receipt and payment of bills regularly issued in his/her name regardless of the identity of the actual user of the service.

10.

"Date of presentation" means the date upon which a bill or notice is mailed (as postmarked) or delivered to the customer by the city.

11.

"Department" means the Carson City utilities department.

12.

"Director" means the utilities director or his/her designee.

13.

"Main extension" means the extension or replacement of reclaimed water distribution mains and necessary facilities beyond existing service facilities up to but not including the mains within a development. Exception: Where the city has required service through the development for future developments, the city will specifically identify such mains.

14.

"Metered service" means service for which charges are computed on the basis of measured quantities of reclaimed water.

15.

"Minimum charge." See "Service charge."

16.

"Permanent service" means service which, in the opinion of the city, is of a permanent and established character. The use of reclaimed water may be continuous, intermittent, or seasonal in nature.

17.

"Permit" means the permit issued by the city for the connection of a parcel or facility to the city's reclaimed water system.

18.

"Person" means an individual, partnership, corporation, governmental agency, or other organization operating as a single business entity.

19.

"Point of delivery" means the point where pipes owned, leased, or under license by a customer contact the city reclaimed water system, notwithstanding the fact that metering may take place beyond (i.e., on the customer's side of) that point.

20.

"Service charge" means the amount the customer must pay the city for the availability of each metered reclaimed water service, irrespective of whether any reclaimed water is used. The meter size shall determine the service charge for each service.

21.

"Service classification" means the terms as defined below:

A.

Commercial Service. The service to customers engaged in selling, warehousing, or distributing a commodity, in some business activity, or in a profession, or in some form of economic or social activity (office, stores, triplexes, clubs, motels, hotels, boardinghouses, etc.) or for governmental activities or for service provided to a builder or developer during the construction phase of any structure(s), and for the purposes that do not come under another classification of service.

22.

"Service connection" means the point of connection of the customer's piping with the city's facilities (i.e., meter or service pipe).

23.

"Service pipe/lateral" means the connection between the city's mains and the service connection, including all of the pipe, fittings, and valves necessary to make the connection.

24.

"Temporary service" means service to premises where it is known in advance that the service will be of limited duration.

25.

"Reclaimed water" means the wastewater associated with human habitation, domestic, manufacturing, processing or business operation which has been processed through a state-regulated treatment works and has met all standards for proper disinfection.

26.

"Discharge permit" means the permit obtained from the State of Nevada Division of Environmental Protection for the use of reclaimed water on land use sites.

(Ord. 1999-13 § 2, 1999: Ord. 1995-50 § 1 (part), 1995).

1.

The schedule of rates for the reclaimed water facilities and service furnished by Carson City utilities, which rates are based upon a portion of the costs of operating and maintaining reclaimed water systems, are set forth in subsection 2 of this section.

2.

The monthly rate for each service shall be computed as follows, unless otherwise required by this chapter:

RECLAIMED WATER SERVICE

Monthly service charge:

3.

The directors of the utilities and finance departments shall conduct an annual review of the reclaimed water system total costs of operation and maintenance, the schedule of rates, and submit a report to the board by April 1st each calendar year summarizing the review and containing recommendations for rate adjustments as necessary to:

A.

Maintain the proper proportionate distribution of operation and maintenance costs among users;

B.

Assure generation of sufficient revenue to pay for at least a portion of the operation and maintenance costs necessary to the proper operation and maintenance (including replacement) of the reclaimed water system.

4.

All connections to the city reclaimed water system by persons other than city will be performed by persons properly licensed by the state of Nevada and Carson City to accomplish the type of work contemplated, and all work performed and all materials placed will be in accordance with the Carson City Code of standard specifications for public works construction. Prior to placement of a customer-installed service, the applicable meter and meter set fee under the following schedule must be remitted. Under this fee schedule, no other work will be performed and no materials other than the prescribed reclaimed water meter, will be furnished by Carson City.

(Ord. 2008-6 § 1, 2008: Ord. 1999-13 § 3, 1999).

1.

Reestablishment of Credit.

A.

An applicant who previously has been a customer of the city and during the last 12 months of that prior service has had service discontinued for nonpayment of bills will be required to pay an unpaid balance due the city and will have to make a deposit as provided in this section.

B.

A customer whose service has been disconnected for nonpayment of bills will be required to pay an unpaid balance due the city, pay the reconnection charge and pay a deposit as provided in this section.

C.

Applicant deposits with the city the amount of fifty dollars ($50.00) for residential customers, or an equivalent of two (2) months billing for commercial customers, but in no case less than fifty dollars ($50.00), to be returned when service is discontinued or at the end of twelve (12) months provided the applicant has not received a notice that payment is past due. No deposit will be returned if it has been applied to past due water bills.

(Ord. 1999-13 § 4, 1999: Ord. 1995-50 § 1 (part), 1995).

The city shall bill the owner of the connected property for the payment of rates and charges specified in this chapter, except the meter and meter set fees which shall be paid prior to issuance of a permit.

(Ord. 1995-50 § 1 (part), 1995).

1.

Bills for service will be rendered each customer on a monthly basis, unless otherwise approved by the board.

2.

Bills for metered service will show at least the reading of the meter at the end of the period for which the bill was rendered, the number of units, and the date of the current meter reading.

3.

If, for reasons beyond its control, the city is unable to read the customer's meter on the scheduled reading date, the city may bill the customer for estimated consumption during the billing period, subject to adjustment of the time the meter is next read thereafter.

4.

Reclaimed water bills will be estimated if one (1) or more of the following conditions exist:

A.

Severe weather;

B.

Deposits of heavy snow or ice;

C.

Vicious dog;

D.

Some unusual circumstance which makes it impossible to read the meter such as a vehicle parked over the meter box.

5.

Each meter on a customer's property will be considered separately and the readings of two (2) or more meters will not be combined.

6.

The charges applicable to opening periods, closing bills and bills rendered for periods less than twenty-seven (27) days will be computed as follows:

A.

The amount of the monthly service charge will be prorated on the basis of the ratio of the number of days in the period to the number of days in an average billing period. The measured amount of reclaimed water actually served will not be prorated.

B.

For the purposes of administering the provisions of this section, the number of days in an average billing period is defined as thirty (30).

7.

Bills for service are due and payable upon presentation and payment may be made through the mails or presented in person to the Carson City treasurer's office. Payment of closing bills shall be made at the time of presentation.

(Ord. 1995-50 § 1 (part), 1995).

1.

If any customer shall be dissatisfied with any reclaimed water charge imposed, he/she may file a written protest with the director of utilities setting forth his/her objections provided such protest is filed within fifteen (15) days of receipt of the bill being protested.

2.

Upon receipt of any such protest, the director shall, within fifteen (15) days, make a determination in writing as to the correctness of the bill.

3.

Should the director determine that the bill was incorrect, he/she may cause the corrections to be made.

4.

If the protestor is dissatisfied with the director's decision, he/she may appeal to the board of supervisors, provided such appeal is filed within ten (10) days of receipt of the director's decision.

5.

The board, upon receipt of a protest, shall fix a time and place for a hearing of said protest which shall not be later than thirty (30) days after receipt of same and cause the protester to be notified thereof.

6.

Upon the hearing, the board may adjust the reclaimed water charge if it is satisfied with the reasons and basis of the protest. Action taken on any protest shall be entered in the minutes of the board.

7.

The protester shall have fifteen (15) days after determination of the protest by the board within which to pay his/her reclaimed water charge before any penalty or interest shall attach or be imposed, notwithstanding any other provision of this chapter concerning the imposition of penalty and interest charges.

8.

A customer may require the city to test the meter serving his property. The customer will be required to make a deposit with the city prior to the test being performed. Should the meter be found to be defective, the deposit shall be returned. If the meter is found to be accurate, in accordance with accepted American Water Works Association methods, the deposit shall be kept by the city.

9.

The customer or his representative must be present at the time of the test which shall be set at the time and date mutually agreed upon. In any case, the test shall be performed within ten (10) days of the request. A report showing the results of the test will be furnished within fifteen (15) days after completion of the test.

A.

Fast Meters. When upon test, a meter is found to be registering more than two percent (2%) fast, the city will refund to the customer the amount of the overcharge based on corrected meter readings for the period the meter was in use at the customer's premises, but not to exceed the preceding six (6) months, whichever is shorter.

B.

Slow Meters. When upon test, a meter is found to be registering more than two percent (2%) slow, the city may bill the customer for the amount of the undercharge based on corrected meter readings for the period the meter was in use at the customer's premises, but not to exceed the preceding six (6) months, whichever is shorter.

C.

Nonregistering Meters. When upon test, a meter is found to be nonregistering, the city may bill the customer for reclaimed water consumed while the meter was nonregistering for a period not exceeding three (3) months at an estimate of the consumption based upon the customer's prior use during the same season of the year or upon another customer of the same class. In all cases, if it is found that the error in a meter is due to some cause, the date of which can be fixed, the overcharge or undercharge will be computed back to but not beyond such date.

(Ord. 1995-50 § 1 (part), 1995).

1.

Any bill not paid within fifteen (15) days of presentation is delinquent.

2.

A penalty charge of five percent (5%) shall be imposed on past due bills for each thirty (30) days that the bill is unpaid.

3.

Any customer who has a bill or a portion of a bill that is sixty (60) days past due shall have reclaimed water service disconnected pursuant to Section 12.10.190 and a lien may be placed upon the property being served by filing notice with the city recorder. The city recorder shall send a written notice of the filing to the recorder owner of the property.

4.

Partial payments shall be applied to the most recent charges, and remaining arrearages shall continue to accrue time and penalties.

(Ord. 1995-50 § 1 (part), 1995).

1.

Connection. Connection to or construction of the city's reclaimed water system shall only be made or done after payment of the proper connection charge, issuance of the appropriate permits by the city, and after the applicant has obtained a discharge permit from the state of Nevada Division of Environmental Protection.

2.

Construction.

A.

No person, other than employees of the department, persons contracting to do work for the city, shall construct or cause to be constructed, or alter or cause to be altered, any public reclaimed water main of the city's or other reclaimed water facility within the city which would allow connection to the city's facilities without first obtaining approval of reclaimed water construction plans from the department and obtaining a construction permit therefor.

B.

The applicant shall submit to the department for approval construction plans and such specifications and other details as required to describe fully the proposed construction. The department may require that the plans shall have been prepared under the supervision of and shall be signed by an engineer of suitable training registered in the state of Nevada. Submittal and plans shall conform to 12.10.220.

C.

Plans for construction shall not be approved by the department for any facility which would constitute a cross-connection.

D.

Approval of plans for reclaimed water construction shall expire one (1) year after the date of approval unless construction has been initiated.

E.

Permits for construction can only be issued to persons properly licensed by the state of Nevada and Carson City to perform the type of work contemplated and, in the opinion of the director, the applicant has had sufficient experience to satisfactorily do the work. A contractor performing work on city-owned facilities is required to have an A type license.

F.

All construction shall be done in accordance with the Carson City Code and standard specifications for public works construction, as modified by the utility department.

G.

The state of Nevada Division of Environmental Protection must review and approve any plans for new or changes to existing reclaimed water service or system.

(Ord. 1999-13 § 5, 1999: Ord. 1995-50 § 1 (part), 1995).

1.

Quantities. The city will supply reclaimed water at the customer's service connection line, dependably and safely in quantities agreed upon by the city and customer. In no event should flowing pressures at the city's distribution main, under normal conditions, fall under twenty-five (25) pounds per square inch gauge nor should the static pressure exceed one hundred twenty-five (125) pounds per square inch gauge. However, during the period of hourly maximum demand at the time of peak seasonal load, the flowing pressure may not be less than twenty (20) pounds per square inch gauge and the static pressure may not be more than one hundred fifty (150) pounds per square inch gauge.

2.

Quality. The city will provide reclaimed water that conforms to applicable state and federal regulations established for the city's discharge permit.

3.

Area Served. The city will provide reclaimed water service to Carson City and other areas as authorized by the board. The board may contract to serve other areas outside of Carson City from time to time and establish rates therefor, which rates shall not be less than the rates charged to Carson City customers.

(Ord. 1995-50 § 1 (part), 1995).

The application is merely a written request for service and does not bind the applicant to take service for a period longer than that upon which the monthly service charge is based; neither does it bind the city to serve except under reasonable conditions.

1.

Each applicant for service shall be required to sign, on a form provided by the city, an application which shall set forth:

A.

Date of application;

B.

Name and social security number of applicant;

C.

Location of premises to be served;

D.

Size and location of reclaimed water service;

E.

Date applicant will be ready for service;

F.

Whether the premises have been heretofore supplied with reclaimed water by the city;

G.

Purposes for which reclaimed water service is to be used;

H.

Address to which bills are to be mailed or delivered;

I.

Whether the applicant is the owner or agent for the premises and if agent, the name of the property owner;

J.

Such information as the city may reasonably require;

K.

The application or the depositing of any sum of money by the applicant shall not require the city to render service until the expiration of such time as may be reasonably required by the city to determine if the applicant has complied with this chapter and as may be reasonably required to install the required service facilities.

2.

Two (2) or more parties who join in one (1) application for service shall be jointly and severally liable for payment of bills and shall be billed by means of single periodic bills.

3.

A customer making any material change in the size, character or extent of the equipment or operations for which the city's service is utilized shall immediately file a new application for additional service. A change in a customer's service which requires the installation of a different or additional meter, when made at the customer's request, shall be made by the city at the customer's expense.

4.

Each applicant must have an operations and maintenance manual and a reclaimed water discharge permit approved by the state of Nevada Division of Environmental Protection.

(Ord. 1999-13 § 6, 1999: Ord. 1995-50 § 1 (part), 1995).

Notice to a customer will normally be in writing and will be delivered or mailed to the customer's last known address. In emergencies, or when circumstances warrant, the city will endeavor to promptly notify the customer affected and may make such notification orally, either in person or by telephone. A customer may make notification in writing to the city at its billing office or at the department of utilities.

(Ord. 1995-50 § 1 (part), 1995).

1.

Discontinues and Service by Customer.

A.

To discontinue billing:

(1)

A customer may have service discontinued by giving not less than five (5) days advance notice thereof to the city. Charges for service shall continue until the requested date of discontinuance or such later date as will provide not less than the required five (5) days advance notice.

(2)

When such notice is not given, the customer may be required to pay for service until five (5) days after the city has knowledge that the customer has vacated the premises or has otherwise discontinued reclaimed water service.

B.

To temporarily discontinue service: A customer may have service temporarily discontinued for nonemergency reasons such as to accomplish changes in yard lines or the customer's plumbing system. A minimum twenty-four (24) hour advance notice will be required to schedule temporary discontinuance of service.

C.

To discontinue service in an emergency: A customer may have service temporarily discontinued for an emergency, such as a leak or burst pipe. The city will make every effort to shut off and/or restore service as quickly as possible after receiving customer notification.

Each and every request for reinstatement of service will require the payment of twenty-five dollars ($25.00) which the city will add to the monthly bill.

2.

Discontinuance of Service by City.

A.

Noncompliance with Chapter. The city may discontinue service to any customer for violation of this chapter after it has given the customer at least five (5) days written notice of such intention.

B.

Unsafe Apparatus or Where Service is Detrimental to the City or its Customers. If any unsafe or hazardous condition is found to exist on the customer's premises, or if the use of reclaimed water thereon by apparatus, appliances, equipment or otherwise is found to be detrimental or damaging to the city or its customers, the service may be discontinued without notice. The city will notify the customer immediately of the reasons for the discontinuance and the corrective action to be taken by the customer before service can be restored.

C.

Fraudulent Use of Service. When the city has discovered that a customer has obtained service by fraudulent means, or has diverted the reclaimed water service for unauthorized use, the service to that customer may be discontinued without notice. The city will not restore service to such customer until that customer has complied with all ordinances and reasonable requirements of the city and the city has been reimbursed for the full amount of the service rendered and the actual cost to the city incurred by reason of the fraudulent use.

3.

Restoration of Service.

A.

Reconnection Charge. Where service has been discontinued for violation of this chapter or for nonpayment of bills, the city shall charge twenty-five dollars ($25.00) for reconnection of service during regular working hours, or twenty-five dollars ($25.00) plus the actual cost incurred by the city for reconnection of service at other than regular working hours when the customer has requested that the reconnection be made at other than working hours. For restoration of service that has been discontinued for reasons other than those detailed above, the restoration charge shall be twenty-five dollars ($25.00) for reconnection made during regular working hours, or twenty-five dollars ($25.00) plus the actual cost incurred by the city for reconnection of service at other than regular working hours. (For emergencies see Section 12.10.190(1)(C).)

B.

To Be Made During Regular Working Hours. The city will endeavor to make reconnections during regular working hours on the day of the request, if conditions permit; otherwise, reconnection will be made on the regular working day following the day the request is made.

C.

To Be Made At Other Than Regular Working Hours. When a customer has requested that the reconnection be made at other than regular working hours, the city will reasonably endeavor to so make the reconnection if practicable under the circumstances but will be under no obligation to do so, unless an emergency exists.

4.

Refusal to Serve.

A.

Conditions for Refusal. The city may refuse to serve an applicant for service under any of the following conditions:

(1)

If the applicant fails to comply with this chapter;

(2)

If the intended use of the service is of such a nature that it will be detrimental or injurious to existing customers;

(3)

If, in the judgment of the city, the applicant's installation for utilizing the service is unsafe or hazardous or subject to freezing, or of such a nature that satisfactory service cannot be rendered;

(4)

Where service has been discontinued for fraudulent use, the city will not serve an applicant until it is determined that all conditions of fraudulent use or practice have been discontinued;

(5)

If insufficient system capacity exists as determined by the utilities director.

B.

Notice to Customers. When an applicant has been refused service under the provisions of this section, the city will notify the applicant promptly of the reason for the refusal to serve and of the right of the applicant to appeal the decision to the board.

(Ord. 1995-50 § 1 (part), 1995).

1.

Emergency Interruptions.

A.

The city will make reasonable efforts to prevent interruptions to service and when such interruptions occur will endeavor to reestablish service without unreasonable delay consistent with the safety to its customers and the general public.

B.

The city will not be liable for interruptions or shortage or insufficiency of supply or any loss or damage of any kind or character occasioned thereby, if same is caused by act of God, fire, strike, riot, war, accident, breakdown, action by governmental agency or other cause beyond the control of the city.

2.

Scheduled Interruptions. Whenever the city finds it necessary to schedule an interruption to its service, it will, within twenty-four (24) hours, where feasible, notify all customers to be affected by the interruption, stating the approximate time and anticipated duration of the interruption. Scheduled interruptions will be made at such hours as will provide the least inconvenience to the customers consistent with reasonable city operations.

3.

Apportionment of Supply During Times of Shortage. During time of threatened or actual reclaimed water shortage, the city will apportion its available reclaimed water supply among its customers as directed by binding contractual agreements it has with its agent users. In any event, it will apportion the supply in the manner that appears most equitable under the circumstances then prevailing, and with due regard to public health and safety.

(Ord. 1995-50 § 1 (part), 1995).

At such time as the establishment of this ordinance, the quantity of reclaimed water is limited; therefore, Carson City recognizes a first in time priority program for the establishment of service. The priority of service and the annual quantity provided is as follows:

Any future reclaimed water use will be prioritized based on the date of service. The utilities director in the month of February, on an annual basis, will evaluate the quantity of reclaimed water available and notify all users on the availability of the resource and potential shortages.

(Ord. 1995-50 § 1 (part), 1995).

1.

Service Connections. The customer will install a service connection of suitable capacity, from its reasonably adjacent reclaimed water main to a point to be determined by the city, between the existing or proposed curbline and the property line of the premises abutting upon a street or other thoroughfare, to serve a justified need of a permanent customer. The customer shall pay the established cost as detailed in this chapter. Only duly authorized contractors, after issuance of a permit, will be permitted to install a service connection.

2.

Meters. The city will install one (1) meter incident to its furnishing reclaimed water service to the customer's premises, except in instances where the city deems that its operating convenience and necessity dictate the installation of two (2) or more meters. Under such circumstances, the city will bear the expense of the installation of additional meters. Where the installation of additional meters is requested by the customer for the customer's convenience or necessity, the customer shall bear the expense of installing such meters. In addition, where the installation of additional meters, at the customer's request, is to provide additional capacity, the customer shall pay the appropriate connection charge.

3.

The service connections, meters, and other facilities ordered and maintained by the city and located wholly or partially upon a customer's premises are the property of the city, which has the right to repair, replace and remove them upon discontinuance of service.

4.

The city will not be responsible for the installation and maintenance of the reclaimed water lines beyond the end of the city's service connection or meter.

5.

The city shall have at all reasonable times the right to ingress to and egress from the customer's premises for any purpose properly connected with the service of reclaimed water to the customer.

6.

The city will not be responsible for any loss or damage caused by any negligence or wrongful act of a customer or his authorized representative in installing, maintaining, operating or using any or all appliances, facilities, or equipment for which reclaimed water service is supplied. The customer will be held responsible for damage to the city's facilities and other property resulting from the use and operation of appliances and facilities on customer's premises, including damage caused by steam, hot water, chemicals, etc.

(Ord. 1995-50 § 1 (part), 1995).

In special cases where extension of city's main to a point adjacent to customer's premises is not feasible, in the opinion of the city, the customer may lay service pipe, at his own expense, from point of use to point where tap can be made directly to the city's then-existing main. In some cases, the city shall be obligated to maintain reasonable pressure and flow at the point of connection to its main only, and the customer shall assume all responsibility and cost for maintenance, operation and replacement of his service line and the pressure and flow therein. If additional facilities, including but not limited to a booster pump, should be required in customer's service, above the pressure delivered normally by the city at the point of connection of the customer's line to the city's main, the customer shall provide, operate, maintain and replace such facilities, all at his own expense. The city shall at no time in the future be required to lay additional main beyond the original point of delivery to supply reclaimed water to said customer or others supplied through said customer's service. The original customer shall pay all charges for reclaimed water delivered through his service, at point of connection to the main, whether to his own premises or those of others which may be connected to such service.

(Ord. 1995-50 § 1 (part), 1995).

Any person who violates any of the provisions of Section 12.10.140 or 12.10.240 shall be punished as follows:

1.

For the first offense, issuance of a warning and/or stop work order;

2.

For the second offense, shall be guilty of a misdemeanor and shall be fined not less than twenty-five dollars ($25.00) nor more than fifty dollars ($50.00) and/or issuance of a stop work order;

3.

For the third offense and subsequent offenses, shall be guilty of a misdemeanor and shall be punished as provided for misdemeanor offenses as stated in Section 1.08.010.

The Carson City sheriff's office, the Carson City department of utilities and the Carson City public works department shall be responsible for enforcing the provisions of this Section.

(Ord. 1995-50 § 1 (part), 1995).

The following terms have the meanings ascribed to them in this section unless the context requires otherwise.

1.

"Board" means the Carson City board of supervisors.

2.

"Boundaries" means the land area that makes up the city limits of Carson City.

3.

"City" means Carson City, a consolidated municipality of the state of Nevada.

4.

"Department" means the Carson City department of public works.

5.

"Director" means the public works director or designee.

6.

"Permit" means a written authorization to transport and discharge treated wastewater effluent within the city limits.

7.

"Person" means any individual, partnership, firm, private corporation, trust, estate, commission, board, public or private institution, utility, cooperative, or the state of Nevada.

8.

"Project site" means designated area where treated wastewater effluent is applied for compaction and/or dust control purposes.

9.

"Storm drainage system" means the city's drainage system that transports stormwater to the Carson River.

10.

"Treated wastewater effluent" means the wastewater associated with human habitation, domestic, manufacturing, processing or business operation which has been processed through a state regulated treatment works and has met all standards for proper disinfection.

11.

"Vehicle" is the means by which treated wastewater effluent is transported to the project site.

12.

"Wastewater reclamation plant" means the wastewater reclamation plant located at 3320 East Fifth Street, Carson City, Nevada.

(Ord. 1991-53 § 2, 1991).

Sections 12.11.020 through 12.11.030 provide rules governing the use of treated wastewater effluent for construction purposes, promulgated to protect the city's storm drain system in accordance with Nevada Revised Statutes 445.131 through 445.354, to protect human health and to provide a method of controlling its use and/or disposal.

(Ord. 1991-53 § 3, 1991).

It is unlawful for any person to use treated wastewater effluent except as authorized by a permit issued by the city's wastewater reclamation plant, which allows the use of treated wastewater effluent, for construction purposes, in compliance with the provisions of this chapter.

(Ord. 1991-53 § 4, 1991).

The following requirements apply to the use of treated wastewater effluent for construction purposes:

1.

Vehicles used for hauling and applying treated wastewater shall be equipped with signs and lettering which:

a.

Are located on both sides and the rear of the vehicle;

b.

Are marked, prior to issuance of a permit, with contrasting lettering at least two inches (2″) high and readable from at least a one hundred-foot (100′) distance; and

c.

State: "Treated wastewater Effluent—Avoid Contact".

2.

The vehicle transporting treated wastewater effluent shall not spill or leak during transportation.

3.

Treated wastewater effluent shall not be discharged except at the permitted project site. No ponding or runoff shall occur.

4.

Treated wastewater effluent shall not be discharged into the city's storm drain system.

5.

To prevent treated wastewater effluent from entering the city's storm drain system during street washdowns, potable water shall be used in accordance with Section 12.11.040(8).

6.

Unused treated wastewater effluent shall be disposed at the wastewater reclamation plant septage receiving area and shall not be used for any other purposes.

7.

Persons at the project site must be informed, and the project site posted, that treated wastewater effluent is being used and that all persons shall avoid contact with said treated wastewater effluent.

8.

No direct connections are allowed between the vehicle and any part of a domestic (potable) water system, unless the transporting vehicle complies with Section 12.11.080 and approval to use potable water has been granted by the public works utility manager or designee.

9.

Any spills of treated wastewater effluent require oral notification within twenty-four (24) hours of the spill to the city sewer utility division and a written report, detailing the circumstances and probable cause of the spill, within five (5) days of the spill.

(Ord. 2004-14 § 2, 2004: Ord. 2004-14 § 5, 1991).

1.

The terms and conditions of each issued permit shall provide for the following:

a.

That the permit may be modified, suspended or revoked in whole or in part during its term for cause including but not limited to:

(1)

Violation of any terms or conditions of the permit or this chapter;

(2)

Obtaining a permit by misrepresentation or failure to disclose fully all relevant facts.

(Ord. 1991-53 § 6, 1991).

1.

The permit shall expire on the completion of the project.

2.

A separate application must be filed with the wastewater reclamation plant for each project site and for each vehicle that transports treated wastewater effluent to each project site.

3.

Permits issued under this chapter shall be non-transferable from one vehicle to another and/or from one project site to another.

(Ord. 1991-53 § 7, 1991).

1.

Treated wastewater effluent hydrants are provided at the following locations:

a.

Mills Road, one block east of Centennial Park Drive;

b.

Butti Way, one block north of the city's wastewater reclamation plant.

(Ord. 1991-53 § 8, 1991).

1.

Prior to connecting to a potable water supply, vehicles used for hauling treated wastewater effluent shall comply with Chapter 12.07. et. seq. of this code and are required to:

a.

Have the vehicle disinfected at the city's wastewater reclamation plant; and

b.

Possess documentation of disinfection signed by wastewater reclamation plant personnel; and

c.

Use a hose that has not contacted treated wastewater effluent or other contaminants.

2.

Penalties for violations of this section are found in Carson City Municipal Code Section 12.07.070.

(Ord. 1991-53 § 9, 1991).

The director of public works or designee, or the public health director or designee, may take any appropriate action against persons who present an imminent and substantial endangerment to the health or welfare of persons or the environment.

(Ord. 1991-53 § 10, 1991).

1.

Whenever the director finds that any person is engaged, or is about to engage, in any act or practice which violates any provision of this chapter or permit, the director may:

a.

Issue an order:

(1)

Stating the provision or provisions of the ordinance, permit or order alleged to be violated or about to be violated;

(2)

Stating the facts which constitute a violation thereof; and

(3)

Stating the necessary corrective action to be taken and, if appropriate, a reasonable time for completing the corrective action;

b.

Commence a civil action pursuant to Section 12.11.110;

c.

Request the district attorney to institute by complaint, indictment or information a criminal prosecution pursuant to Section 12.11.120.

2.

Such remedies and sanctions for the violation of this chapter, or permit or order issued hereunder, are cumulative, and the institution of any proceedings or action seeking any one of such remedies or sanctions does not bar any simultaneous or subsequent action or proceeding seeking any other of such remedies or sanctions.

(Ord. 1991-53 § 11, 1991).

1.

The director may seek injunctive relief in the appropriate court to prevent the continuance or occurrence of any act or practice which violates this chapter, any permit or order issued hereunder.

2.

Any person who violates or aids or abets in the violation of any provision of this chapter, or of any permit or order issued hereunder, shall pay a civil penalty of not more than one thousand dollars ($1,000.00) for each day of such violation.

3.

In addition to the penalty provided in subsection 2 of this section, the department may recover from such person actual damages to the city resulting from the violation of this chapter or permit or final order.

(Ord. 1991-53 § 12, 1991).

Any person who intentionally or with criminal negligence violates this chapter, or permit or order issued hereunder, is guilty of a misdemeanor and shall be punished by a fine of not more than one thousand dollars ($1,000.00) nor less than two hundred fifty dollars ($250.00) for each violation or by imprisonment in the city jail not more than six (6) months, or by both fine and imprisonment.

(Ord. 1991-53 § 13, 1991).

If any section, subsection, subdivision, paragraph, sentence, clause, or phrase of this chapter, or any part thereof, is for any reason held to be invalid, such decision shall not affect the validity of the remaining portions of this chapter or any part thereof. The board declares that it would have passed each section, subsection, subdivision, paragraph, sentence, clause, or phrase hereof, irrespective of subdivisions, paragraphs, sentences, clauses, or phrases being declared invalid.

(Ord. 1991-53 § 14, 1991).

The following terms have the meaning ascribed to them in this section unless the context requires otherwise.

1.

"Animal" means any living organism exclusive of human beings and plants.

2.

"Asbestos" means any substance or material which contains the asbestiform varieties of Chrysotile (serpentine), Crocidolite (riebeckite), Amosite (cummingtonite-grunerite), Anthophyllite, Tremolite or Actinolite.

3.

"Baling" means the process of compressing and binding solid wastes.

4.

"Board" means the Carson City board of supervisors.

5.

"Carson City sanitary landfill" means the solid waste disposal site situated within the corporate limits of Carson City off U.S. Highway 50 near the east boundary of Carson City and more particularly described as follows:

 LOCATION:

 The land encompasses approximately 172.27 acres and includes the following:

 T. 15 N., R. 20 E., Mount Diablo Meridian

 Section 1: East half of the Southeast Quarter

 Section 12: North half of the Northeast Quarter of the Northeast Quarter

 T. 15 N., R. 21 E., Mount Diablo Meridian

 Section 6: North half of Lot 2 of the Southwest Quarter

 Section 6: North half of the south half of Lot 2 of the Southwest Quarter

 Section 6: North half of the south half of the south half of Lot 2 of the Southwest Quarter

6.

"Cell" means compacted solid wastes that are enclosed by natural soil or cover material in a land disposal site.

7.

"Commercial waste" means all types of solid waste generated by stores, offices, construction/demolition activities, and other commercial sources excluding residential and industrial wastes.

8.

"Cover material" means soil or other approved material that is used to cover compacted solid waste in a land disposal facility.

9.

"Environmental control authority" means the officers and agents of the environmental control section of the Carson City public works department.

10.

"Generator" means the person, business, corporation or facility that is directly responsible for the generation of a waste material.

11.

"Hazardous materials" means any materials, substances, or wastes which possess one (1) or more of the following characteristics: is poisonous, toxic, corrosive, or radioactive; is a skin, eye, or mucous membrane irritant; is an oxidizer, a strong sensitizer; is volatile, flammable, combustible, explosive, or gases under pressure greater than one atmosphere, and meets the criteria for hazardous materials in Nevada Administrative Code (NAC) 444.8632.

12.

"Hazardous waste" means those wastes which meet the criteria for hazardous waste in NAC 444.8565 (Definition of Hazardous Waste).

13.

"Industrial waste" means wastes resulting from any process of industry, manufacturing, trade or business, or from the development or recovery of any natural resource, as defined in the Carson City Municipal Code Section 12.06.010(13).

14.

"Infectious waste" means waste materials derived in whole or in part from:

a.

Cultures and stocks of infectious agents and associated biological materials;

b.

Pathological wastes;

c.

Contaminated animal carcasses and body parts;

d.

All sharps;

e.

Human blood and blood products;

f.

By-product waste such as, but not limited to, dressings, bedding, swabs, pads and gloves, and invasive disposable equipment which has been, or may have been, in contact with known infectious materials.

15.

"Lift" means a compacted layer of solid waste plus its overlying cover material.

16.

"Municipal solid waste landfill" means any landfill or landfill unit that receives household waste. This landfill also may receive other types of Subtitle D wastes, as defined by 40 C.F.R. 258, including but not limited to commercial wastes and industrial wastes.

17.

For the purpose of this section, "nuisance" means every unlawful act and every omission to perform a duty which:

a.

Shall annoy, injure, or endanger the safety, health, comfort or response of any considerable number of persons; or

b.

Unlawfully interferes with, befouls, obstructs or tends to obstruct, or renders dangerous for passage, a lake, navigable river, bay, stream, canal, ditch, millrace or basin, or public park, square, street, alley, bridge, causeway or highway; or

c.

Shall in any way render a considerable number of persons insecure in life or the use of property.

18.

"Person" means any individual, partnership, firm, private corporation, trust, estate, commission, board, public or private institution, utility, or cooperative; includes the state of Nevada and the United States, to the extent authorized by the state and federal law.

19.

"Salvage" means the collection of any material for reuse, sale, or recycling that would otherwise be destined for disposal.

20.

"Scavenging" means the uncontrolled and/or unauthorized removal of material from the solid waste landfill for any purpose.

21.

"Septic wastes" means sludges, anaerobic wastes, and wastewater and other materials removed from septic tanks.

22.

"Sharps" means needles, syringes, blades and related articles.

23.

"Solid waste" means garbage, refuse, sludge from a waste treatment plant, water supply treatment plant or air pollution control facility and other discarded material including solid, liquid, semi-solid, or contained gaseous material resulting from industrial, commercial, mining and agricultural operations, and from community activities, including but not limited to garbage, rubbish, junk vehicles, ashes or incinerator residue, street refuse, dead animals, demolition waste, construction waste, solid or semi-solid commercial and industrial waste and hazardous waste, including explosives, pathological waste, chemical waste, and herbicide or pesticide waste, but does not include solid or dissolved material in domestic sewage, or solid or dissolved materials in irrigation return flows or industrial discharges which are point sources subject to permits under Section 402 of the Federal Water Pollution Control Act, or radioactive wastes.

24.

"Street/parking lot sweepings" means materials picked up by manual or mechanical means from alleys, streets, sidewalks, parking lots, and material removed from catch basins.

25.

"Vector" means a living insect or another arthropod, or animal (not human) capable of carrying disease from one person or animal to another, capable of transmitting a waste from one organism to another or translocating a waste away from a disposal site.

26.

"Waste manifest" means a document used by the environmental control authority to track certain non-hazardous wastes and asbestos from the point of origin to final disposal at the Carson City sanitary landfill and a certification of compliance with federal, state, and local regulations.

(Ord. 1992-17 § 2, 1992).

All solid waste management systems, both new and existing, shall operate in compliance with this chapter.

1.

No person shall cause the deposit, storage, processing, treatment, or disposal of any solid waste material at a non-approved site.

2.

Canyons, ravines, abandoned wells, wells, deep wells, mine shafts, or other similar constructions shall not be used for any type of waste injection or waste disposal.

3.

Pesticide/herbicide containers shall meet the following conditions:

a.

Metal, plastic, and glass containers used for liquids shall have been processed by rinsing and draining, or by other decontamination techniques. The processing procedure shall include, or be equivalent to, at least triple rinsing and thorough draining of the containers. Rinse waters produced shall be placed in a spray tank and dispensed in accordance with federal, state and local requirements.

b.

Proof that these conditions have been met is the responsibility of the applicator.

c.

Paper and plastic sacks and bags used for pesticide dusts and wettable powders, which are empty, are suitable for disposal.

4.

At the Carson City sanitary landfill, dead animals shall be buried separate from the public disposal area, and shall be covered with lime and soil, then compacted no later than the end of each operating day.

5.

Any asbestos containing material, upon arrival at the landfill, shall be disposed of in an area that is separate from the public disposal area and shall be covered no later than the end of that operating day. Asbestos handling and disposal must comply with NAC 444.965 to 444.976.

6.

It is unlawful to use or deposit street/parking lot sweepings as fill material, or to dispose of this waste in any place other than a municipal solid waste landfill.

7.

All empty storage tanks, drums, and containers, which have contained any hazardous materials or wastes, must be cleaned by a method approved by the Nevada State Division of Environmental Protection and have a waste manifest issued by the environmental control authority before disposal in the landfill.

To eliminate any voids in the landfill, metal tanks shall be sufficiently cut to a size and shape, as determined by the landfill operator, that allows complete compaction with cover material.

8.

Tires that are properly incorporated with other wastes shall be placed on the ground surface on the bottom or at the toe of the fill and covered with other wastes.

a.

In no case shall waste tires be allowed in the top four feet of the final closure lift.

(Ord. 1992-17 § 3, 1992).

Recycling areas are provided, at the landfill gate, for public disposal of waste engine oils, anti-freeze and batteries. Commercial wastes of this type are not allowed to be disposed/recycled at the Carson City sanitary landfill.

(Ord. 1992-17 § 4, 1992).

1.

Unless otherwise approved by the environmental control authority, only those industrial wastes generated within the corporate boundaries of Carson City shall be disposed at the Carson City sanitary landfill.

2.

Petroleum contaminated soils that exceed one hundred ppm total petroleum hydrocarbon (TPH), or exceed the limits for the required toxicity characteristic leaching procedure (TCLP) test, will not be accepted at the Carson City sanitary landfill.

3.

Asbestos disposal shall be performed in accordance with Section 12.12.020(5).

4.

The environmental control authority shall have the authority to reject all industrial waste materials that are determined to be a hazard to landfill personnel and/or the environment.

5.

Industrial wastes shall be disposed by being mixed with commercial refuse and covered no later than the end of that operating day. These wastes must be disposed in an area separate from the general public disposal area.

6.

All septic wastes shall be disposed at the Carson City wastewater reclamation plant located at 3320 East Fifth Street.

(Ord. 1992-17 § 5, 1992).

The following constituents shall not be disposed at the Carson City sanitary landfill when concentrations are equal to or greater than those defined by the toxicity characteristic leaching procedure (TCLP) test.

(Ord. 1992-17 § 6, 1992).

1.

Except as otherwise provided in subsection 5 and CCMC 12.12.048, the City shall collect the following base fees for the disposal of solid waste at the landfill:

* MSW = Municipal Solid Waste

** C&D = Construction and Demolition

2.

Except as otherwise provided in subsection 5 and CCMC 12.12.048, in addition to the base fees set forth in subsection 1, the city shall collect the following supplemental charges, if applicable:

3.

A person who disposes of solid waste at the landfill must provide proof of residency in Carson City to be eligible for in-county fees set forth in this section.

4.

For any load of waste that is:

(a)

Comprised entirely of a single waste category described in subsection 1, the corresponding base charge applies.

(b)

Comprised of two (2) or more waste categories described in subsection 1, the highest corresponding base charge applies.

5.

The base fees set forth in subsection 1 and the supplemental charges set forth in subsection 2 do not apply to any contract that is approved by the board of supervisors, including, without limitation, an interlocal contract entered into in accordance with NRS 277.180, that establishes different fees or charges.

(Ord. 2008-17 § 1, 2008: Ord. 2006-19 § 3, 2006: Ord. 2004-4 § 3 (part), 2004)

(Ord. No. 2011-11, § I, 9-1-2011;Ord. No. 2011-19, § I, 10-20-2011;Ord. No. 2013-16, § I, 5-16-2013;Ord. No. 2013-19, § I, 7-18-2013; Ord. No. 2023-3, §§ I, II, 3-2-2023)

The franchisee with whom the city has entered into an exclusive franchise agreement for the collection and disposal of solid waste shall:

1.

If the franchisee disposes of solid waste that was not collected in Carson City or in any other manner not in accordance with the exclusive franchise agreement, pay the base fees and supplemental charges set forth in CCMC 12.12.047 for the disposal of solid waste at the landfill.

2.

If the franchisee disposes of solid waste that was collected in Carson City and disposed of in accordance with the exclusive franchise agreement, pay the following fees and charges for the disposal of solid waste at the landfill:

(Ord. No. 2023-3, § III, 3-2-2023)

1.

If a waste mixture is generated containing a component known to be hazardous, and if the generator believes that the mixture is non-hazardous, then the mixture shall be sampled by the environmental control authority. The samples shall be sent to a Nevada-certified laboratory for analysis. Analysis shall be done at the generator's expense. The analytical data shall then be submitted to the environmental control authority for determination as to whether the mixture is hazardous. Suspect analytical data may require additional sampling.

2.

A manifest issued by the environmental control authority is required before disposal of any of the following materials at the Carson City sanitary landfill:

a.

Waste material resulting from a chemical spill which is determined to be non-hazardous;

b.

Aqueous waste which is to be disposed of in a landfill (with the exception of grease interceptor waste from food industries);

c.

Any asbestos containing materials;

d.

Any non-hazardous chemical waste;

e.

Special wastes such as, but not limited to, non-hazardous laboratory re-agents, non-hazardous mining wastes including ore and assay samples, drilling mud and fluids from geothermal borings, monitoring wells, petroleum exploration, photographic process wastes, and malodorous materials;

f.

Tanks, drums or containers which have contained any hazardous materials.

3.

A substance for which a manifest has been issued must go directly to the Carson City sanitary landfill.

4.

A manifest must be accompanied by the required material safety data sheets (M.S.D.S.) and lab analysis.

5.

It is the generator's responsibility to ensure that any waste generated is disposed of in accordance with federal, state and local regulations.

(Ord. 1992-17 § 7, 1992).

1.

Radioactive wastes are prohibited at any land disposal site within the boundaries of Carson City.

2.

No person shall dispose or cause the deposit, storage, processing, treatment or disposal of any waste material which may reasonably be considered to be hazardous waste, and the operator of the land disposal site shall not knowingly accept any hazardous wastes, at the Carson City sanitary landfill, with the exception of household hazardous waste, as defined in 40 C.F.R. 261.4.

3.

All incidents involving hazardous materials and/or hazardous wastes, which could result in a hazard to public health and safety, animals, and/or result in a discharge of hazardous waste, shall be reported to the Carson City fire department immediately or no more than twenty-four (24) hours after knowledge of the incident.

4.

The operator of the land disposal site shall not knowingly accept hazardous wastes.

(Ord. 1992-17 § 8, 1992).

1.

For the purpose of this section a structure, installation or building is either "residential" or "commercial." "Commercial" means any institutional, commercial, public, industrial structure, installation or building; any active or inactive waste disposal site; any structure, installation or building that was previously classified as a regulated facility and subject to the National Emission Standards for Hazardous Air Pollutants regulations (NESHAP), regardless of its current use or function; or a residential structure, installation or building being demolished or renovated for a nonresidential use. Any structure, installation or building containing condominiums, or individual dwelling units operated as a residential cooperative which has four or more dwelling units is considered "commercial." The presence of a dwelling unit or sleeping quarters in any building, structure or installation that is primarily commercial does not effect its classification as commercial.

2.

Prior to the issuance by any city department or division of a permit for demolition, renovation, remodelling, or addition of or to a structure, installation or building, a person seeking such a permit shall:

a.

For commercial demolition submit to the environmental control authority ("ECA"):

(1)

An asbestos survey, performed by a person possessing Asbestos Hazard Emergency Response Act ("AHERA") accreditation;

(2)

A completed Carson City asbestos assessment form; and

(3)

Proof that the ten (10) day notice required by the federal regulations has been submitted to the United States Environmental Protection Agency (USEPA) Region IX.

b.

For residential demolition submit to the ECA the Carson City asbestos assessment form.

c.

For commercial renovations, remodels, and additions submit to the ECA:

(1)

The Carson City asbestos assessment form;

(2)

An asbestos survey, performed by a person possessing AHERA accreditation, if the work authorized by the permit will involve greater than one hundred sixty (160) square feet, two hundred sixty (260) linear feet, or one (1) cubic meter; and

(3)

Proof that the ten (10) day notice required by the federal regulations has been submitted to the USEPA, Region IX, when work authorized by the permit will disturb greater than one hundred sixty (160) square feet, two hundred sixty (260) linear feet, or one (1) cubic meter of asbestos containing material. This notice is also required if an accumulation of work on a single parcel will exceed the above stated limits within the same calendar year.

d.

For residential renovations, remodels, and additions, when the work authorized by the permit will exceed one hundred sixty (160) square feet, two hundred sixty (260) linear feet, or one (1) cubic meter, submit to the ECA, the Carson City asbestos assessment form.

3.

If the asbestos survey indicates one percent (1%) asbestos (as determined by polarized light microscopy), a person seeking a permit shall comply with Chapter 444 of the Nevada Administrative Code, the NESHAP, Title 40 of the Code of Federal Regulations 61 part M, and this chapter with respect to work practices, removal, and disposal of asbestos.

4.

The ECA may require an on-site sampling evaluation for asbestos to determine whether the work authorized by the permit will require removal, storage, demolition or disposal of any asbestos containing materials. The cost of the sampling is the responsibility of the person seeking the permit.

5.

Any person who fails to comply with the requirements of this section or fails to obtain a permit for demolition, renovation, remodel, or addition, is in violation of and is subject to the penalties set forth in this chapter.

(Ord. 1995-11 § 2, 1995).

1.

All requirements of this chapter, without regard to the quantity of infectious waste produced, shall apply to any health care facility which is a primary care clinic, surgical clinic or chronic dialysis clinic, acute psychiatric hospital, skilled nursing facility, intermediate care facility or intermediate care facility for the developmentally disabled, outpatient clinic or other similar facility, hospitals and doctors' offices, dental offices, veterinary offices, home health care facilities, prison facilities, and related businesses.

2.

Infectious waste, except for sharps capable of puncturing or cutting, shall be:

a.

Contained in double disposable, red, plastic bags, which are impervious to moisture and have a strength sufficient to preclude ripping, tearing or bursting under normal conditions of usage, and of handling the waste filled bags. Each bag shall be constructed of material of sufficient single strength to pass the one hundred sixty-five (165)-gram dropped dart impact resistance test, as prescribed by Standard B 1709-75 of the American Society for Testing and Materials, and certified by the bag manufacturer. The bags shall be securely tied so as to prevent leakage or expulsion of solid or liquid wastes during storage, handling or transport; or

b.

In plastic lined boxes specifically designed to store infectious waste. These containers must be approved by the Carson City health department;

c.

Conspicuously labeled with the words "INFECTIOUS WASTE" or with the international biohazard symbol and the word "BIOHAZARD."

3.

Contaminated sharps shall be contained for disposal in leak proof, rigid, puncture-resistant containers such as cartons or metal cans which are taped closed or tightly lidded to preclude loss of the contents. These containers shall be labeled in the same way as other infectious wastes.

4.

Infectious wastes shall be buried at a landfill disposal facility, no later than at the end of each operating day, in an area separate from public access.

(Ord. 1992-17 § 9, 1992).

1.

This chapter shall not be construed as relieving the owner, operator or designer of a disposal facility from the obligation of obtaining all required permits, licenses, or other approval from the appropriate regulatory or enforcement agencies.

2.

Before a land disposal facility can be established, the design parameters and operational plans shall be submitted by the operator to the environmental control authority for review and recommendations to the board of supervisors for review and approval, and shall be furnished to other approval/regulatory agencies as necessary.

a.

The operational plan shall include a detailed listing of operational procedures to include but not be limited to:

(1)

Method of compaction;

(2)

Time of cover;

(3)

Depth of cover;

(4)

Specific wastes excluded;

(5)

Vehicular traffic control;

(6)

Litter control;

(7)

Personnel safety and training procedures;

(8)

Maintenance procedures;

(9)

Site controls;

(10)

Contingency plan;

(11)

Fire controls and approval from the local fire authority;

(12)

Soil-to-refuse ratio;

(13)

Special waste handling;

(14)

Public safety;

(15)

Records of weights and volumes;

(16)

Current listing of responsible persons to contact who control the disposal facility;

(17)

Salvaging operations;

(18)

Any other information pertinent to the facility operation, such as leachate monitoring, or well monitoring;

(19)

Dust control;

(20)

Inspection procedures.

3.

Once approved, by the board, each land disposal facility shall be operated in accordance with the operational plan.

4.

A current copy of the approved operational plan shall be maintained in the office of the environmental control authority. At least one current copy shall be maintained on site where each described operation occurs. This copy shall be immediately available to all site personnel. Site personnel shall be fully knowledgeable of this provision and of all pertinent information contained in the operational plan. It is the responsibility of the site operator to ensure that each employee on site possesses this knowledge.

5.

As site operating procedures evolve and change, they shall be submitted by the operator to the environmental control authority for review. The environmental control authority shall respond, in writing, within twenty (20) working days from the date of submittal.

6.

Each copy of the operating plan shall be updated by the operator within twenty (20) working days of the approved change.

7.

Existing landfills located within Carson City must come into compliance with the provisions of this chapter within one hundred eighty (180) days of the effective date of the ordinance codified in this chapter.

(Ord. 1992-17 § 10, 1992).

1.

Municipal solid waste landfill design shall:

a.

Be prepared by a civil engineer registered in the state of Nevada;

b.

Include the following provisions:

(1)

Be easily accessible in all kinds of weather to all vehicles expected to use it,

(2)

Safeguard against water run-off and run-on,

(3)

Safeguard against uncontrolled movement or collection of gas originating from the decomposed solid waste,

(4)

Have an adequate quantity of earth cover material that is workable, compactible, and which does not contain organic material of a quantity and distribution conducive to the harborage and breeding of disease vectors,

(5)

Conform with Carson City's master plan land use map and zoning districts of the area. All zoning approvals must be secured,

(6)

Not be within one-fourth (1/4) mile of the nearest inhabited dwelling, or place of public gathering, or be within one thousand feet (1,000′) of a public highway, unless special provisions for facility beautification, litter control and vector control are included in the design and approved by the environmental control authority,

c.

Include a general location map showing land use and zoning within one-fourth (1/4) mile of the land disposal facility;

d.

Include a topographic map(s) of the area which shall:

(1)

Be at scale of not more than two hundred feet to the inch; contour intervals not to exceed five feet (5′),

(2)

Show proposed fill area(s),

(3)

Show any proposed borrow areas,

(4)

Show access roads,

(5)

Show grades for proper drainage of each lift;

e.

Include a report and plans which shall:

(1)

Define the population and area to be served by the site,

(2)

Identify the anticipated types, quantities and sources of solid wastes to be disposed of,

(3)

Define site geology, hydrology, groundwater and soil conditions,

(4)

Identify source, type and quantity of cover material,

(5)

Describe equipment required to properly operate the facility,

(6)

Describe operating procedures and personnel required,

(7)

Describe the methods of leachate monitoring and control,

(8)

Show a typical cross-section of a lift, depicting the soil-to-refuse ratio and depth of lift,

(9)

Show special drainage and gas control devices as required,

(10)

Provide for:

(a)

A run-on control system to prevent flow into the active portion of the landfill during the peak discharge from a twenty-five (25)-year storm,

(b)

A run-off control system from the active portion of the landfill to collect and control at least the water volume resulting from a twenty-four (24)-hour, twenty-five (25)-year storm,

1.

Run-off from the active portion of the landfill unit must be handled in accordance with 40 C.F.R. 258.27(a),

(11)

Show fencing, equipment shelter, employee facilities and all other pertinent data to indicate clearly that the municipal solid waste landfill will be developed, operated and completed in an orderly manner,

(12)

Describe the procedures for closure and post-closure care, which shall, at a minimum, meet the criteria found in 40 C.F.R. 258.6 and 258.61.

(Ord. 1992-17 § 11, 1992).

1.

Operation and maintenance must be conducted in such a manner so as not to create odors, unsightliness or other nuisances.

2.

The working face must be kept as narrow as is consistent with safe and efficient operation of equipment but shall not exceed two hundred feet (200′) in width.

3.

Bulky waste material which may provide rodent harborage must not be used for final surface or side slopes.

4.

In the construction of each cell, solid waste should be spread into layers that do not exceed two feet (2′) prior to compaction. The total compacted cell depth shall not exceed ten feet.

5.

The compacted solid wastes shall be covered as follows:

a.

Daily cover: All solid wastes shall be covered at the end of each operating day with at least six inches (6″) of compacted soil.

b.

Final cover: A layer of suitable cover material, compacted to a minimum uniform depth of twenty-four inches (24″), must be placed on any surface that represents the final grade of the land disposal facility. This cover shall be placed within thirty (30) days of lift completion.

c.

Final cover must be graded to drain surface run-off water. The top slope should be from two percent (2%) to four percent (4%). Suitable grass or native vegetation shall be planted, in completed areas of the landfill, to prevent erosion, surface deterioration and fugitive dust.

6.

Adequate water must be available at all times for dust control and for compaction of cover material.

7.

Scavenging shall not be permitted.

8.

Salvaging shall not be permitted at the working face.

9.

Suitable, year-round shelter and sanitary facilities must be provided for operating personnel and waste transport personnel.

10.

An attendant must be on duty to control access during hours of operation.

11.

Sewage solids or liquids and hazardous materials must not be disposed of in a land disposal site except when written permission by the environmental control authority has been given.

12.

Vector control must be instituted whenever necessary, in the judgment of the environmental control authority, to minimize transmission of disease.

13.

Permanent roads must be provided from the public road system to the site. Temporary roads shall be provided as necessary to the working face. All roads shall be passable during inclement weather unless the site is closed.

14.

Provisions must be made for weighing or otherwise adequately measuring and recording all solid waste delivered.

15.

Signs shall be posted that clearly indicate:

a.

Operator of the site;

b.

The hours of operation;

c.

Special waste handling requirements;

d.

Prohibited wastes;

e.

Fees charged;

f.

Safety requirements;

g.

Items recyclable.

(Ord. 1992-17 § 12, 1992).

The Carson City board of supervisors may, in granting any petition for a variance of the requirements of this chapter, impose appropriate conditions upon any applicant for said variance, and may revoke the variance for failure of said applicant to comply therewith. In seeking a variance, the petitioner must present findings of hardship to the board of supervisors.

(Ord. 1992-17 § 13, 1992).

A request for variance from any provision of this chapter may be made upon submittal of a two hundred fifty dollar ($250.00) fee and shall include supporting information, using forms available from the environmental control authority.

(Ord. 1992-17 § 14, 1992).

No person shall refuse entry or access to any representative of the environmental control authority upon presentation of appropriate credentials, who requests to inspect any property, premises, or place at or on which any waste materials are being generated, stored, handled, processed or disposed, for the purpose of ascertaining the state of compliance with the provisions of this chapter. No person shall obstruct, hamper, or interfere with any such inspection.

(Ord. 1992-17 § 15, 1992).

1.

The environmental control authority may choose to take administrative, civil or criminal action, not to be mutually exclusive, against any alleged violator of any provision of this chapter.

2.

Fines assessed under the three categories set forth in Section 12.12.140(1) shall not exceed one thousand dollars ($1,000.00) for each violation. Each day during which the violation is continued or repeated constitutes a separate offense.

3.

Violation of any provision of this chapter constitutes a misdemeanor.

(Ord. 1992-17 § 16, 1992).

1.

A notice of violation may be issued by the environmental control authority to any person who is believed to be in violation of the provisions of this chapter.

2.

A notice of violation shall contain the following information regarding the person and the violation(s):

a.

Name, address and telephone number;

b.

Findings of facts;

c.

Specific provision(s) of this chapter that have been violated;

d.

If a penalty is assessed, a penalty narrative and calculations shall be attached to the notice of violation.

(Ord. 1992-17 § 17, 1992).

1.

Upon receipt of a notice of violation, the person accused has ten (10) working days to request a hearing, in writing, with the environmental control supervisor to provide additional reports, data, statements or any relevant material.

2.

A failure to request a hearing, in writing, within the time allowed shall be deemed a waiver of the right to be heard.

3.

Upon consideration of evidence provided by the alleged violator during a hearing, the environmental control supervisor shall, within ten working days, issue a final notice of violation.

4.

Upon issuance of a final notice of violation, the alleged violator shall have ten working days to request, in writing, an appeal to the board of appeals.

(Ord. 1992-17 § 18, 1992).

There is created a board of appeals which shall consist of the five members of the board of supervisors.

(Ord. 1992-17 § 19, 1992).

1.

An aggrieved person may bring an appeal to the board when the environmental control authority has taken any action pursuant to the authority of this chapter, which action has adversely affected said person in any manner.

2.

All appeals to the board shall be initiated by the filing of a petition or written notice of appeal in the office of the Carson City environmental control authority within ten (10) working days after the person bringing the appeal has received any order, has been the subject of any action, or has had any manifest, as required by this chapter, issued, denied, or revoked by the environmental control authority.

a.

Within thirty (30) working days after receipt of the notice, the board of appeals shall hold a hearing.

b.

Notice of the hearing shall be given to all affected parties no less than three (3) working days prior to the date set for the hearing.

c.

A quorum of the board of appeals must be present in order to conduct hearings.

d.

The attendance of witnesses and the production of documents may be compelled by subpoena issued by the board of appeals at the request of any party. Witnesses shall receive the fees and mileage allowed witnesses in civil cases. Costs of subpoenas shall be taxed against the requesting party.

e.

All testimony shall be given under oath, and recorded verbatim by human or electronic means.

f.

Costs of transcribing proceedings of the board of appeals shall be taxed against the requesting party.

(Ord. 1992-17 § 20, 1992).

1.

It shall be the duty of the board of appeals to hold a meeting to review any appeal of the environmental control authority's interpretation of this chapter and to make findings or recommendations concerning the appeal. The board of appeals shall adopt reasonable rules and regulations as necessary to execute its business.

2.

The board of appeals shall make such recommendations as are necessary for the improvements of its operation and conduct of business.

3.

All appeals or complaints shall be considered by the board of appeals within thirty (30) days of receipt by the department of public works.

4.

An appellant may request, in writing to the board of appeals, one thirty-day extension of time.

(Ord. 1992-17 § 21, 1992).

Whenever the environmental control authority determines that any of the provisions of this chapter have been violated, a citation must be issued to the person responsible for the violation. The citation may be issued by the environmental control authority, by any peace officer, officer of the court or other authorized person.

(Ord. 1992-17 § 22, 1992).

1.

Any person who knowingly makes any false statement, representation, or certification in any application, record, report, plan or other document filed or required to be filed by this chapter, or order, or who falsifies, tampers with, or knowingly renders inaccurate any monitoring device or method required to be maintained under this chapter, or order issued hereunder, is guilty of a misdemeanor and shall be punished by a fine of not more than one thousand dollars, nor less than one hundred dollars $100.00), or by imprisonment in the city jail for not more than six (6) months, or by both fine and imprisonment.

2.

Except as provided in subsection 1 of this section, any person who intentionally or with criminal negligence violates this chapter, or order issued hereunder, is guilty of a misdemeanor and shall be punished by a fine of not more than one thousand dollars ($1,000.00) nor less than two hundred fifty dollars ($250.00) for each violation, or by imprisonment in the city jail for not more than six (6) months, or by both fine and imprisonment.

(Ord. 1992-17 § 23, 1992).

1.

The environmental control authority may seek injunctive relief in the appropriate court to prevent the continuance or occurrence of any act or practice which violates this chapter, any permit or order issued hereunder.

2.

Any person who violates or aids or abets in the violation of any provision of this chapter, or of any permit or order issued hereunder, shall pay a civil penalty of not more than one thousand dollars ($1,000.00) for each day of such violation.

3.

In addition to the penalty provided in subsection 2 of this section, the department may recover from such person actual damages to the city resulting from the violation of this chapter or permit or final order.

(Ord. 1992-17 § 24, 1992).

If any provision of this chapter is held invalid or unconstitutional, such invalidity or unconstitutionality shall not affect the other provisions which can be given effect without the invalid provision and to this end the provisions of this chapter are declared to be severable.

(Ord. 1992-17 § 25, 1992).

A.

The minimum water main size shall be six inches (6″). Mains shall be sized as required by flow calculations.

B.

Water mains shall be PVC C-900 CL 150 unless otherwise required and approved by the utilities department. Reclaimed water mains shall be PVC C-900 CL 150, purple in color, unless otherwise required and approved by the utilities department.

(Ord. 1995-36 § 11, 1995).

The installation of all new water and reclaimed water lines shall conform to the "Standard Details for Public Works Construction" as adopted by Carson City.

(Ord. 1995-36 § 11, 1995).

Each building shall be served by a separate water service and meter unless otherwise approved by the utilities department. All meters shall be located within the street right-of-way or in a public utility easement parallel and adjacent to the street right-of-way unless otherwise approved by the utilities department. Meters should not be located within the driving surface.

(Ord. 1995-36 § 11, 1995).

Services shall be located as per the standard detail title "Typical Utility Laterals Locations," unless otherwise approved by the utilities department. Reclaimed water meter boxes shall be painted purple. All services, except those located in cul-de-sacs, shall be installed perpendicular to the main.

(Ord. 1995-36 § 11, 1995).

A.

Water valves on distribution mains shall be spaced at intervals not to exceed five hundred feet (500′). Reclaimed water valves shall be spaced at intervals not to exceed thirteen hundred twenty feet (1,320′). No point within the system being designed shall require more than three (3) valve closures to discontinue service. Valves shall be located so that no more than fifteen (15) customers are taken out of service at one time unless approved by the utilities department. Valves shall be placed a minimum of twenty feet (20′) from the end of all mains which may be extended in the future unless there is no possibility of future connections as determined by the utilities department.

B.

Water valves at intersections shall be located at the curb returns. Reclaimed water valves shall not be located at intersections without approval by the utilities department.

C.

All existing valves necessary to isolate the section of main to be extended shall be shown.

(Ord. 1995-36 § 11, 1995).

A four (4) inch flush valve assembly or fire hydrant is required at the end of all dead-end water mains and stubs greater than ten feet (10′).

(Ord. 1995-36 § 11, 1995).

Fire hydrants within a subdivision shall be spaced as approved by the fire department. Fire hydrants and their associated valve shall be shown on the plans.

(Ord. 1995-36 § 11, 1995).

Check-valves shall be installed on all private fire hydrant lines. Pressure loss associated with all check-valves shall be included in fire flow calculations.

(Ord. 1995-36 § 11, 1995).

Double check-valve assemblies shall be installed on all private fire sprinkler lines. Fire systems utilizing chemicals require a reduced pressure backflow assembly. Pressure loss associated with all check-valves shall be included in fire flow calculations. The assemblies shall be tested prior to certificate of occupancy and annually by a certified backflow prevention assembly tester as approved by the utilities department.

(Ord. 1995-36 § 11, 1995).

A.

Tapping sleeves are required when connecting a new main to an existing main when water service cannot be discontinued.

B.

The water utility division shall tap all existing water mains when the tap size is greater than two inches (2″). The plans shall indicate when a tap is to be performed by the water utility division. Plans shall include a note indicating that the contractor shall notify Carson City water utility, in writing, forty-eight (48) hours prior to performing hot taps, either by fax or mail.

(Ord. 1995-36 § 11, 1995).

Air-release valves are required at all high points in water mains unless adequate relief is provided and approved by the utilities department. Air-release/vacuum valves are required at all high points in reclaimed water mains and shall be spaced at twenty-six hundred feet (2,600′) maximum intervals, regardless of whether high points exist in the main. The design engineer shall provide calculations for sizing air-release/vacuum valves for review and approval by the utilities department.

(Ord. 1995-36 § 11, 1995).

Minimum horizontal separation between water lines and sewer, storm drain and reclaimed water lines shall be ten feet (10′). Minimum horizontal separation from all other utilities shall be five feet (5′). Minimum vertical separation shall be eighteen inches (18″) unless otherwise approved by the utilities department.

(Ord. 1995-36 § 11, 1995).

Water mains in conflict with sewer, storm drain and reclaimed water lines shall be adjusted as per standard detail titled "Lowering Water Mains." Other means for separation, such as designing with vertical curves, will require approval of the utilities department. The design engineer shall provide calculations for review and approval by the utilities department.

(Ord. 1995-36 § 11, 1995).

Private receiving tanks require an air-gap. A backflow prevention assembly permit from the utilities department is required prior to installation

(Ord. 1995-36 § 11, 1995).

Reduced pressure assemblies are required per Table I, type of backflow protection required, CCMC 12.07.090. A backflow prevention assembly permit from the utilities department is required prior to installation. These assemblies shall be tested annually by a certified backflow prevention assembly tester as approved by the utilities department.

(Ord. 1995-36 § 11, 1995).

Thrust blocks are required on all new water and reclaimed water main installations, public and private fire hydrants, and sprinkler line installations.

(Ord. 1995-36 § 11, 1995).

Improvement plans for water, sewer and reclaimed water main extensions, public and private fire hydrant installations, and fire sprinkler line installations shall conform to the following requirements:

A.

Plans shall be prepared on a twenty-four inch (24″) by thirty-six inch (36″) sheet. A plan and profile is required for water, sewer and reclaimed water main extensions, public fire hydrant installations and private fire hydrant and fire sprinkler lines from the main to the check device. Smaller size sheets from twenty-four inches (24″) by thirty-six inches (36″) may be used for fire hydrant and fire sprinkler lines. Water, sewer, storm drain and paving design may be combined on one set of plans.

B.

Scale shall be minimum of one inch (1″) equals fifty feet (50′) horizontal and one inch (1″) equals five feet (5′) vertical or as approved by the utilities director of designee and in any case shall be drawn to a scale and include details as necessary to clearly show all existing conditions and work to be performed.

C.

Plans shall indicate phasing and shall include a street, utility and sheet index map showing the location of all water, reclaimed water or sewer mains, manholes, valves, flush valve assemblies, air release valves, fire hydrants, and pumping facilities.

D.

The cover sheet shall include the following:

(1)

Name, address and telephone number of the owner/developer and design engineer;

(2)

Carson City utilities general notes;

(3)

Vicinity map;

(4)

Legend;

(5)

Bench mark with datum and basis of bearing;

(6)

Sheet index;

(7)

A.P.N., and address if associated with a permit application for a building or structure;

(8)

Approval block for signature and date for the city engineer, Carson City utilities department and fire department;

(9)

A space in the lower right corner for the public works department permit application number.

E.

Sewer service lateral sizes and water service line, curb and corp stop sizes for subdivision and parcel map development shall be shown by note on each plan/profile sheet.

F.

Plans shall indicate dimensions of rights-of-way and easements at least once on each plan/profile sheet.

G.

Plans shall show all existing utilities, curb and gutter, sidewalk, paving, traffic signing, miscellaneous improvements and property lines. The plan shall clearly indicate, in plan and profile, the distinction between existing conditions and proposed improvements.

H.

Plans shall indicate relocation and or removal of existing improvements in conflict with the proposed improvements and show removal and replacement of any curb and gutter, sidewalk, paving, signing or utilities.

I.

Plans shall indicate dimensions from street centerline or control line to all existing and proposed mains. All valves, hydrants, flush valve assemblies, air release valves, manholes and laterals shall be stationed and dimensioned from street centerline or control line. Manholes shall be numbered (i.e., A-1 is manhole #1 on line A).

J.

Plans shall include all details in conformance with the "Standard Details for Public Works Construction" as adopted by Carson City, as necessary for the construction.

K.

All drafting shall substantially conform to Section 6 of the "Standard Details for Public Works Construction."

L.

The design engineer shall submit plans to all public utilities for review for conflicts and address all comments prior to start of construction. Plan revisions due to public utility comments shall be submitted to the utilities department for review and approval prior to construction.

M.

All plans shall be prepared and signed by an engineer registered in the state of Nevada.

(Ord. 1995-36 § 12, 1995).

Site plans which include a new water or sewer service lateral shall conform to the following:

A.

General requirements:

(1)

Name, address and telephone number of the owner/developer and designer;

(2)

Carson City general notes;

(3)

Vicinity map;

(4)

North arrow and scale;

(5)

Address and A.P.N.;

(6)

Twenty-four inch (24″) by thirty-six inch (36″) maximum sheet size.

B.

Plans shall indicate dimensions of rights-of-way and easements.

C.

Plans shall show and dimension from street centerline or control line all existing and proposed utilities, curb and gutter, sidewalk, paving, traffic signing and miscellaneous improvements and relocation or removal and replacement of same. The plans shall clearly indicate the distinction between existing conditions and proposed improvements.

D.

Plans shall indicate size and location by dimension from street centerline or control line of existing water, sewer and reclaimed water mains, and the size and location by dimension of the proposed service lateral(s) and water or reclaimed water meter(s).

E.

Plans shall indicate proposed use of meter; i.e., domestic or irrigation.

F.

Plans shall indicate whether the water service lateral will be installed by a properly licensed contractor or by city forces.

G.

Plans shall include those details from the "Standard Details for Public Works Construction," as adopted by Carson City, as necessary for the construction, including replacements.

H.

All drafting shall substantially conform to section 6 of the "Standard Details for Public Works Construction."

(Ord. 1995-36 § 12, 1995).

A.

The owner/developer shall submit to the public works department one (1) set of reproducible record drawings and one (1) set of prints prepared by a Nevada registered engineer prior to final acceptance of a water, sewer or reclaimed water installation. Record drawings shall be three (3) mil (minimum) mylar.

B.

Record drawings shall include actual locations for all mains, manholes, valves, hydrants, blow-off assemblies, meter boxes, etc. The engineer shall certify that the locations shown are accurate, to the best of their knowledge and belief.

(Ord. 1995-36 § 12, 1995).

All actions of the utilities department pursuant to the provisions of Chapters 12.01, 12.05, 12.06, 12.13 and 12.14, regarding water, sewer and reclaimed water extension, replacement, participation, reimbursement, design standards, and improvement plans, shall be reviewable by the board, either upon its own motion or upon the request of any person who has been refused a permit or believes that he has been aggrieved. The action of the board on all reviews shall be binding upon the utilities department.

(Ord. 1995-36 § 12, 1995).

For the purpose of this chapter the following terms have the meanings ascribed to them in this section unless the context requires otherwise:

1.

"Department" means the Carson City utilities department.

(Ord. 1995-55 §§ 2 (part), 3, 1995).

A permit from the department is required to ensure proper wellhead protection. The applicant must present a detailed plot plan to the department for review. The plot plan must show the location of all existing wells and/or septic system(s) on the property and adjacent parcels. The department approval must be obtained prior to the beginning of work by the well driller. All drilling, casing, cementing, and other regulations of the state of Nevada, Department of Conservation and Natural Resources, in force at the time of permit issuance, shall be complied with. The well shall be inspected by utilities personnel prior to the pouring of any cement and the well driller shall provide suitable access to the inspector in order to measure the depth of proposed grout seal. The installation of the plumbing, wiring and pump associated with the final product will be inspected by the public works department and a separate permit is required.

(Ord. 1995-55 §§ 2 (part), 4, 1995).

1.

No permit shall be issued and no permit is valid until the permit fee is received by the department or its designee.

2.

Any installation permit issued by the department under the provisions of this chapter expires by limitation and becomes null and void if the work authorized by the permit is not completed within one (1) year from the date of issuance. If application for permit renewal is made prior to the expiration date, the fee will be one-half (½) the original permit fee; provided, that no changes have been made or are required due to changes in the regulations of the state of Nevada in the original plans and specifications for the project.

3.

Fees for permits, plan reviews and inspections are payable by cash, check, money order or cashier's check to the department at the time of application. The fees for permits are as follows:

4.

Replacement permits may be obtained from the department on payment of a fee of one dollar ($1.00). Such documents shall be marked "Duplicate."

5.

Anyone aggrieved by the denial of the application for a permit may within five (5) days of such refusal appeal in writing to the Carson City board of supervisors who shall conduct a hearing thereon.

(Ord. 1995-55 §§ 2 (part), 5, 1995).

The board has adopted "development standards" which provide for minimum design specifications for the development of such items as, but not limited to, subdivisions, streets, drainage, utilities, erosion control, fire protection, lighting, landscaping, parking etc. These development standards must be utilized in the design of improvements, and the city engineer and the director shall insure that the applicant or developer is in compliance with the development standards. The development standards are parallel in authority to this title and Title 18, Zoning Ordinance.

(Ord. 2001-28 § 2, 2001).

As used in this chapter, unless the context requires otherwise, the words and terms defined in this section have the meanings ascribed to them as follows:

1.

"Commercial Property" means any developed real property that is located on a particular parcel, the majority of which is zoned within a use district designated as Residential Office, General Office, Neighborhood Business, Retail Commercial, General Commercial, Tourist Commercial, Downtown Mixed-Use, Agricultural or Conservation Reserve, as those districts are described in Title 18 of CCMC.

2.

"Customer" means any person or property that is or will be served by or does or will benefit from a utility's acquisition, management, maintenance, extension, and improvement of the stormwater management programs, systems, and facilities and regulation of public and private stormwater systems, facilities, and activities related thereto.

3.

"Department" means the Carson City Public Works Department.

4.

"Developed" means a condition of real property that has been altered from its natural state by the addition to or construction on such property other manmade physical improvements such that the hydrology of the property or portion thereof is affected.

5.

"Director" means the director of the Department, or his or her designee.

6.

"Impervious area" means the acreage of impervious surfaces on a property.

7.

"Impervious surface" means a surface that prevents the infiltration of water into the ground, including, without limitation, roofs, patios, paved parking areas, paved driveway areas, private streets and private sidewalks.

8.

"Manufacturing Property" means any developed real property that is located on a particular parcel, the majority of which is zoned within a use district designated as Limited Industrial, General [Industrial] Industrial, General Industrial Airport or Airport Industrial Park, as those districts are described in Title 18 of CCMC.

9.

"Multi-Family Property" means any developed real property that is located on a particular parcel, the majority of which is zoned within a use district designated as Multi-Family Duplex, Mobile Home Park or Multi-Family Apartments, as those districts are described in Title 18 of CCMC.

10.

"Public Property" means any developed real property that is located on a particular parcel, the majority of which is zoned within a use district designated as Public, Public Neighborhood, Public Community or Public Regional, as those districts are described in Title 18 of CCMC. The term does not include property occupied by the city.

11.

"Service charge" means the monthly rate for storm water service levied by the city upon all developed real property located within the boundaries of the city as authorized by this chapter.

12.

"Single-Family Property" means any developed real property that is located on a particular parcel, the majority of which is zoned Single-Family—5 Acre, Single-Family—2 Acre, Single-Family—1 Acre, Single-Family—21,000 square feet, Single-Family—12,000 square feet, Single-Family—6,000 square feet, Mobilehome—6,000 square feet, Mobilehome—12,000 square feet or Mobilehome—1 Acre, as those districts are described in Title 18 of CCMC.

13.

"System" means the entire system of storm drainage facilities owned by the city or over which the city has control or right of use for the movement and retention of storm and surface waters, including both naturally occurring and manmade facilities.

14.

"Undeveloped" means a condition of real property that is unaltered by the construction or addition to such property by man of impervious ground cover or physical manmade improvements of any kind which change the hydrology of the property from its natural state.

(Ord. 2003-32 § III, 2003).

(Ord. No. 2017-24, § II, 10-19-2017; Ord. No. 2020-15, § XIV, 12-3-2020)

It is hereby declared to be the policy of Carson City that the rate structure to be applied in establishing the amount of service charges assessed against each parcel of developed real property located within the boundaries of Carson City must be based on:

1.

For a single-family property, the square footage of any structure located on the property; and

2.

For a multi-family, commercial, manufacturing or public property, the impervious area of the property.

(Ord. 2003-32 § IV, 2003).

(Ord. No. 2017-24, § III, 10-19-2017; Ord. No. 2020-15, § XV, 12-3-2020)

The storm water service charge that is charged to the owner of a property must be calculated in accordance with this chapter and in the manner established by the "Carson City Public Works Utility Rate Schedule" or "Rate Schedule," as may be amended, which is hereby adopted and incorporated by reference. A copy of the rate schedule is available, without charge, from the Department at 3505 Butti Way, Carson City, Nevada 89701, and on the Internet website of the city at https://www.carson.org/government/departments-g-z/public-works/divisions/utility-billing-water-sewer.

(Ord. No. 2020-15, § X, 12-3-2020)

1.

The square footage of a structure on a single-family property must be based on the records of the Carson City Assessor that establish the square footage of the structure.

2.

The impervious area of a multi-family, commercial, manufacturing or public property must be calculated by determining the acreage of the impervious surfaces visible on the property using the Carson City Geographic Information System database.

(Ord. No. 2020-15, § XI, 12-3-2020)

For the purposes of this chapter, undeveloped real property shall be deemed as not making use of any storm water service provided by Carson City or of the system beyond that which is used by such property existing in its natural state. In accordance with this section and notwithstanding any provision of section 12.17.040, a service charge will not be assessed against any undeveloped real property located within the boundaries of Carson City.

(Ord. 2003-32 § 5, 2003).

(Ord. No. 2017-24, § IV, 10-19-2017)

1.

The owner of contiguous developed single-family, multi-family, commercial, manufacturing or public properties upon which a service charge has been levied may file a protest in accordance with CCMC Section 12.17.060 to request that the properties be deemed as a single property for billing purposes.

2.

The owner of a developed property upon which a service charge has been levied and is primarily used as a single-family residence under the provisions of Title 18 of CCMC, but is deemed a multi-family, commercial, manufacturing or public property by the provisions of this chapter, may file a protest in accordance with CCMC Section 12.17.060 to request that the property be deemed as a single-family property for billing purposes.

3.

In addition to the requirements set forth in CCMC Section 12.17.060, a protest that is filed in accordance with this section must:

a.

Cite to subsection 1. or subsection 2. as the provision under which the protest is submitted;

b.

Identify the property to which the protest relates; and

c.

Provide sufficient documentation acceptable to the director verifying the ownership or use of the property to which the protest relates.

4.

If a protest that is filed pursuant to subsection 1. is granted by the director, the square footage of all structures on contiguous single-family properties, or the impervious area for all other properties, must be added together for the purpose of calculating the monthly stormwater rate required by this chapter.

5.

If a protest that is filed pursuant to subsection 2. is granted by the director, the property must be deemed as a single-family residential property for the purpose of calculating the service charge required by this chapter.

(Ord. No. 2020-15, § XII, 12-3-2020)

1.

Except as otherwise provided in this chapter, an exemption may not be granted.

2.

An exemption may be granted pursuant to an agreement between the city and an owner of a developed real property upon which a service charge or other fee has been levied if the agreement requires the owner to assume responsibilities for the performance of both on-site and off-site management relating to storm water quantity and quality, including, without limitation, the acquisition, design, construction, operation and maintenance of programs and facilities and the implementation of measures that equal or exceed the measures of the system which is operated by the city.

3.

The city may rescind a granted exemption at any time, and an agreement entered into for the purpose of granting any such exemption must include a provision that expressly reserves this rescission authority.

4.

As used in this section, "exemption" means the exclusion of any real property from the levying by the city of a service charge or any other fee otherwise required by this chapter, or the removal of any such service charge or fee.

(Ord. No. 2017-24, § I, 10-19-2017; Ord. No. 2020-15, § XVI, 12-3-2020)

1.

The owner of a developed multi-family, commercial, manufacturing or public property upon which a service charge has been levied may file a protest in accordance with CCMC Section 12.17.060 to obtain a billing credit if:

a.

The property contains an on-site stormwater conveyance or detention facility; and

b.

The account of the owner is in good standing with the city.

2.

In addition to the requirements set forth in CCMC Section 12.17.060, a protest that is filed in accordance with this section must include a report, on a form prescribed by the department, which documents any inspection, maintenance, repair or change of an on-site stormwater conveyance or detention facility.

3.

If a protest that is filed pursuant to this section is granted by the director, the account of the owner must be credited an amount that is equal to the service charge for one month that would have otherwise been levied upon the property as required by this chapter.

4.

A protest that is made pursuant to this section may only be filed once annually.

(Ord. No. 2020-15, § XIII, 12-3-2020)

The department shall levy upon and collect a service charge from all developed real property located within the boundaries of the city, as provided in Section 4.0(A) of the Rate Schedule.

(Ord. 2008-7 § 1, 2008: Ord. 2005-14 § 1, 2005: Ord. 2003-32 § 6, 2003).

(Ord. No. 2009-11, § I, 6-18-2009; Ord. No. 2013-27, § I, 9-19-2013; Ord. No. 2017-24, § V, 10-19-2017; Ord. No. 2020-15, § XVII, 12-3-2020)

For the purposes of this chapter, a service charge or any other fee that is levied, assessed or imposed upon or against real property:

1.

Except as otherwise provided in section 12.17.060, is delinquent if it remains unpaid 21 days after the date on which the service charge or fee is due;

2.

Except as otherwise provided in section 12.17.060, is subject to a late penalty of 2.5% of the total service charge or fee for each period of 27 days after the date on which the charge or fee is due;

3.

Shall constitute a perpetual lien on and against the property served;

4.

Shall, as a lien, be prior and superior to all other liens, claims and titles in the same manner as a lien created by the board of trustees of a general improvement district under NRS 318.197; and

5.

Shall be foreclosed in the same manner as a lien created by the board of trustees of a general improvement district under NRS 318.197.

(Ord. 2003-32 § 7, 2003).

(Ord. No. 2017-24, § VI, 10-19-2017)

1.

The owner of any developed real property upon which a service charge or other fee has been levied may file a protest to:

a.

Dispute a charge or fee;

b.

Dispute a calculated impervious area or a calculated square footage;

c.

Seek an adjustment or credit; or

d.

Dispute any other determination made under this chapter.

2.

A protest must:

a.

Be made in writing on a form prescribed by the department;

b.

Clearly identify the applicable provisions of CCMC upon which the protest is made;

c.

Clearly identify the property owner and the property to which the protest relates; and

d.

Include any additional information or documentation necessary to support the protest.

3.

A protest:

a.

May be filed after an owner becomes aware of a dispute; and

b.

Must be filed not later than twenty-one (21) days after the date of the billing statement containing the disputed charge or fee, or a charge or fee based on a disputed area or other determination.

4.

The director shall, not later than fourteen (14) days after the date on which a protest is received, issue to the owner who submitted the protest a written determination granting or denying the protest and a statement of any corrections or modifications that will be made.

5.

If the owner who submitted the protest disagrees with a determination of the director, the owner may appeal the determination to the board. An appeal to the board may be filed by submitting a notice of appeal to the director not later than fourteen (14) days after the date on which the director issues his or her written response.

6.

The board shall fix a time and place for a hearing on an appeal that is made pursuant to subsection 5. The hearing must take place not later than forty-five (45) days after the date on which the appeal is received, and written notice of the hearing must be provided to the owner not less than seven (7) days before the hearing.

7.

At the hearing, the board may take action to affirm, remove or adjust any disputed charge, fee, calculation of area, adjustment, exemption, credit or other determination made under this chapter.

8.

For the purposes of this chapter, the delinquency of a service charge or any other delinquency or collection fee or penalty is tolled upon the filing of a written protest and does not accrue or run until fourteen (14) days after the process set forth in this section is exhausted.

(Ord. 2003-32 § VIII, 2003).

(Ord. No. 2017-24, § VII, 10-19-2017; Ord. No. 2020-15, § XVIII, 12-3-2020)

The rate of any service charge and any other fees established by this chapter or any other provision of CCMC must be reviewed annually by the Director or his or her designee. After the completion of every such annual review, the Director or his or her designee must present to the board a yearly budget for the system, along with any proposed changes to existing rates deemed necessary for Carson City to pay all costs associated with the system.

(Ord. 2003-32 § IX, 2003).

(Ord. No. 2017-24, § VIII, 10-19-2017)

The following words when used herein shall have the following meanings, unless the context clearly indicates otherwise:

1.

"Accelerated soil erosion" mean the increased migration and movement of soils on all land surfaces that occur as a result of an earth disturbance.

2.

"Authorized enforcement agent" means the city engineer and/or any individual designated by the city engineer as an authorized enforcement agent.

3.

"Best management practices (BMPs)" means physical, structural and/or managerial practices that, when used singly or in combination, control site run-off, spillage and leaks, errant dust, waste disposal and drainage from material storage and prevent or reduce the discharge of pollutants directly or indirectly to waters of the State, (United States). BMPs may include schedules of activities, prohibition of practices, design standards and maintenance activities.

4.

"City engineer" means the city engineer of Carson City or his duly authorized representative.

5.

"Development" means any construction, reconstruction, conversion, structural alteration, relocation, or enlargement of any structure within the jurisdiction of Carson City as well as any manmade change or alteration to the landscape, including but not limited to, mining, drilling, dredging, stripping, grading, paving, excavation and filling.

6.

"Earth disturbance" means any man-made change in the natural cover or topography of land, including all stripping, grading, cut and fill operations, building, paving and other activities, which may result in or contribute to soil erosion or sedimentation of the waters of the State.

7.

"Erosion" means the process by which the ground surface is worn away by action of wind, water, gravity, or a combination thereof.

8.

"Excavation" means any act, by which soil or rock is cut into, dug, mined, quarried, uncovered, removed, displaced, relocated, or stockpiled, including the conditions resulting from excavation.

9.

"Filling" means any act by which soil, rock or other construction materials are placed, stockpiled, dumped, or a combination thereof onto the surface of the earth that may be exposed to rain water or wind.

10.

"Grading" means any stripping, excavating, filling, stockpiling, or any combination thereof, and also included shall be the land in its excavated or filled condition.

11.

"Impervious surface" means a surface which prevents or retards the penetration of water into the ground, including, but not limited to, roofs, sidewalks, patios, driveways, parking lots, concrete and asphalt paving, gravel, compacted native surfaces and earthen materials, and oiled, macadam, or other surfaces which similarly impede the natural infiltration of storm water.

12.

"Limits of allowable erosion" means the natural or historic rate of soil loss.

13

"Municipal separate storm sewer system (MS4)" includes, but is not limited to, those facilities located within the city and owned or operated by a public entity by which storm water may be collected and conveyed to waters of the United States, including any roadways with drainage systems, inlets, curbs, gutters, piped storm drains and retention or detention basins, which are not part of a Publicly Owned Treatment Works (POTW) as defined at 40 CFR Section 122.2.

14.

"Municipal storm water permit" means an area-wide NPDES permit issued to a government agency or agencies for the discharge of storm water from a storm drain system.

15.

"National pollutant discharge elimination system (NPDES) permit" means a storm water discharge permit issued by the U.S. EPA, Region IX, in compliance with the Federal Clean Water Act.

16.

"Permanent soil erosion control measures" means those control measures which are installed or constructed to control soil erosion and which are maintained after completion of all grading and earth disturbances.

17.

"Permittee" means a person, firm, corporation, partnership, association, or governmental agency, responsible for implementing and/or complying with all of the conditions of a permit.

18.

"Person" means an individual, firm, corporation, partnership, association, governmental agency, or other organization operating as a single business entity.

19.

"Pollutant" means any substance which, when added to water, would contaminate or alter the chemical, physical, or biological properties of any storm water discharged to the city's storm drainage system or to the waters of the U.S. or State. This includes a change in pH, temperature, taste, color, turbidity, or odor of the waters, or such discharge of any liquid, gaseous, solid, radioactive, or other substance into any Carson City storm drainage system or waters of the United States, or State of Nevada, and will or is likely to create a nuisance. It also includes any substance, which renders such waters harmful, detrimental, or injurious to the public health, safety, or welfare, or to domestic, commercial, industrial, agricultural, recreational, or other legitimate beneficial use, or to livestock, wild animals, birds, fish, or other aquatic life.

20.

"Pollution" means contamination or other alteration of the physical, chemical or biological properties of waters of the State, including change in pH, temperature, taste, color, turbidity, or odor of the waters, or such discharge of any liquid, gaseous, solid, radioactive or other substance into any waters of the State that will or is likely to create a nuisance or render such waters harmful, detrimental or injurious to the public health, safety or welfare, or to domestic, commercial, industrial, agricultural, recreation or to other legitimate beneficial uses, or to livestock, wild animals, birds, fish or other aquatic life.

21.

"Stripping" means any activity that removes or significantly disturbs the vegetative surface cover including clearing and grubbing operations.

22.

"Storm water" means surface runoff and drainage associated with storm events and snowmelt.

23.

"Temporary soil erosion control measures" means interim control measures which are installed during construction and maintained for the purpose of controlling soil erosion until permanent soil erosion control measures are implemented.

(Ord. 2006-29 § 3, 2006).

All persons taking any action or applying for any land development, land division or construction permits and/or approvals shall be required to submit for approval of an erosion and sediment control plan with their application and/or request, or;

Any person who undertakes, or is responsible for undertaking any action, which involves earth disturbance, is ultimately responsible to see that soil erosion and sedimentation as well as the resultant changed water flow characteristics are controlled to the extent necessary to avoid damage to property and to avoid pollution of receiving waters. Nothing in this chapter shall be taken or construed as lessening or modifying the ultimate responsibility of such persons. Nor do the requirements of this chapter imply the assumption of any liability therefore on the part of the city.

The standards, criteria and requirements of this chapter are to be seen as minimum standards that are not necessarily adequate to meet the highly variable conditions that must be covered by effective control measures. Compliance with the requirements of this chapter may not, therefore, of itself discharge such person's responsibility to provide effective control measures.

Erosion and sedimentation that occurs from construction activities within the city shall be prevented from leaving construction sites by providing proper provisions for water disposal and by protecting soil surfaces during and after construction, in order to promote the safety, public health, convenience and general welfare of the community.

No permits shall be issued unless said permits include soil erosion and sediment control measures consistent with the requirements of this chapter and related development standards.

This chapter shall be construed to assure consistency with the requirements of the Federal Clean Water Act and acts amendatory thereof or supplementary thereto, applicable implementing regulation, and the NPDES municipal stormwater permit and any amendments, revisions or re-issuance thereof. No required permit issued pursuant to this chapter shall relieve a person of the responsibility to secure other permits and approvals required for activities regulated by any other applicable rule, code, act, permit or ordinance.

(Ord. 2006-29 § 4, 2006).

No erosion and sediment control plan shall be required for the following:

1.

Agricultural use of land zoned agricultural.

2.

Single family residences with less than 1 acre of disturbed area and/or less than 50 cubic yards of grading.

3.

All other land use zones or public areas of less than 10,000 square feet of new impervious surface, and/or less than 50 cubic yards of grading, and/or less than 1 acre of earth disturbance.

4.

Where the city engineer agrees, in writing, with the permittee that the planned work and the final structures or topographical changes will not result in or contribute to soil erosion or sedimentation, i.e., the rainfall erosivity factor is less than 5 during the period of construction activity; will not interfere with any existing drainage course in such a manner as to cause damage to any adjacent property or result in the deposition of debris or sediment on any public way; will not present any hazard to any persons or property; or will have no detrimental influence upon the public welfare or upon the total development of the watershed.

5.

Even though no erosion and sediment control plan is required under subsections (1), (2), (3), and (4) of this section, those operations and construction activities which are exempted from submitting an erosion and sediment control plan must comply with the rules and regulations in this chapter when conditions change such that appropriate controls are necessary to retain soil erosion on the area of earth disturbance.

(Ord. 2006-29 § 5, 2006).

1.

Permit Requirement. Except as exempted by Carson City Municipal Code, no person shall do any earth disturbance, unless the city issues a valid permit. Issuance by city does not exempt the parties from obtaining any other permits required by the State of Nevada or the Federal Government.

2.

Permit Application. Permit application shall be consistent with those required submittals for an engineering permit, along with plans, specifications, and project schedules for all construction operations for earth disturbances of more than 1 acre in size or areas greater than 10,000 square feet of new impervious surface or of more than 50 cubic yards of grading.

3.

Application Data Required. The plans and specifications shall include an erosion and sedimentation control plan, stormwater pollution prevention plan (SWPPP) and details, which shall include and contain all of the requirements of the applicable sections of the development standards of Carson City.

4.

Fees. No separate fees under this Section will be imposed.

(Ord. 2006-29 § 6, 2006).

In the event of failure to complete the work or failure to comply with all the requirements, conditions, and terms of a permit, the city engineer may order such work as is necessary to eliminate any danger to persons or property and to leave the site in a safe condition and he may authorize completion of all necessary temporary or permanent soil erosion control measures. Where a bond was required per the development standards, the permittee and the surety executing the bond or the issuer of the letter of credit, or person issuing the instrument of credit or making the cash deposit shall continue to be firmly bound under a continuing obligation for the payment of all necessary costs and expenses that may be incurred or expended by the city in causing any and all such work to be done. In the case of a cash deposit, any unused portion thereof shall be refunded to the permittee. In the case of a permit where no bond is required, such costs for necessary work shall be collected through property tax lien or other means as allowed under State law.

(Ord. 2006-29 § 7, 2006).

Permits shall not be issued where:

1.

The proposed work would cause hazards to the public safety and welfare; or

2.

The work as proposed by the applicant will damage any public or private property or interfere with any existing drainage course in such a manner as to cause damage to any adjacent property or result in the deposition of debris or sediment on any public way or into any waterway or create an unreasonable hazard to persons or property; or

3.

The land area for which earth disturbance is proposed is subject to geological hazard to the extent that no reasonable amount of corrective work can eliminate or sufficiently reduce settlement, slope instability, or any other such hazard to persons or property; or

4.

The land area on which earth disturbance is proposed may lie within a flood plain of any stream or watercourse (not specifically designated by the city as an area subject to special flood hazard), unless a hydrologic report, prepared by a professional engineer, is submitted to certify that the proposed earth disturbance will have, in his professional opinion, no detrimental influence on the public welfare or upon the total development of the watershed and is also consistent with flood plain ordinances and Federal emergency management agency regulations.

(Ord. 2006-29 § 8, 2006).

During earth disturbance operations the permittee shall be responsible for:

1.

Preventing damage to any public utilities or services within the limits of earth disturbance and along any routes of travel of the equipment;

2.

Preventing damage to adjacent property (No person shall disturb earth on land so close to the property line as to endanger any adjoining public street, sidewalk, alley, or any public or private property without supporting and protecting such property from settling, cracking, or other damage which might result).

3.

Executing the proposed work in accordance with the permitted plans and in compliance with all the requirements of the permit and this chapter;

4.

Promptly removing all soil, miscellaneous debris, materials applied, dumped, or otherwise deposited on public streets, highways, sidewalks, or other public thoroughfares or any other non-authorized offsite location, during transit to and from the construction site, or otherwise, where such spillage constitutes a public nuisance, trespass or hazard in the determination of the city engineer or a court of competent jurisdiction.

(Ord. 2006-29 § 9, 2006).

1.

All temporary erosion control facilities and all permanent facilities intended to control erosion from any earth disturbance shall be installed before the work takes place.

2.

All earth disturbances shall be conducted in such a manner so as to effectively reduce accelerated soil erosion and resulting sedimentation, and should not exceed the erosion expected to occur for the site in its totally undeveloped state.

3.

All persons engaged in earth disturbances shall design, implement, and maintain acceptable soil erosion and sedimentation control measures, in conformance with the erosion control technical standards adopted by the city.

4.

All earth disturbances shall be designed, constructed and completed in such a manner so that the exposed area of any disturbed land shall be limited to the shortest possible period of time.

5.

Sediment cause by accelerated soil erosion shall be removed from runoff water to the maximum extent practicable before it leaves the site of the earth disturbance.

6.

Any temporary or permanent facility designed and constructed for the conveyance of water around, through, or from the earth disturbance area shall be designed to limit the water flow to a non-erosive velocity.

7.

Temporary soil erosion control facilities shall be removed and earth disturbance areas graded and stabilized with permanent soil erosion control measures pursuant to standards and specifications prescribed in accordance with the provisions the development standards of Carson City.

8.

Permanent soil erosion control measures for all slopes, channels, ditches, or any disturbed land area shall be completed as soon as possible after final grading or the final earth disturbance has been completed. When it is not possible to permanently stabilize a disturbed area after an earth disturbance has been completed or where significant earth disturbance activity ceases, temporary soil erosion control measures shall be implemented. All temporary soil erosion control measures shall be maintained until permanent soil erosion measures are implemented.

(Ord. 2006-29 § 10, 2006).

The city engineer shall enforce the requirements of this chapter. The city engineer or his duly authorized agents shall inspect the site activities and shall require the owner to obtain services to provide adequate on-site inspection and/or testing by a soil engineer, approved by the city engineer, unless he determines that such inspection requirements may be waived due to the non-hazardous nature of the earth disturbance. If the city engineer finds any existing conditions not as stated in the permit or plans, he may refuse to approve further work until a revised plan, which will conform to the existing conditions, has been prepared and issued under a revised permit. If the city engineer finds that eroded soils are leaving a construction site, the city engineer may direct the owner(s) or his agents or his contractor on the site by written order to install any and all erosion controls that are deemed necessary to prevent said soil erosion from migrating off site. It shall be the duty of the owner(s) and his agent(s) and contractor(s) immediately to take all necessary steps to comply with such order and otherwise to take all necessary steps to prevent such migration off premises or from entering receiving waters. Delivery of such a written order by the city engineer to the owner's agent or contractor shall be deemed to be notice thereof to and binding upon the owner.

(Ord. 2006-29 § 11, 2006).

Any person carrying out soil erosion and sediment control measures under this chapter, and all subsequent owners of property concerning which such measures have been taken, shall maintain all permanent erosion control measures, retaining walls, basins, structures, plantings, and other protective devices and/or facilities. Persons in violation of non-maintenance shall take action to remedy their facility within a reasonable period of time upon written notification from the city engineer. Timeframes for maintenance of facilities of a critical nature will be stated in the city engineer's written notification. Should the person or any of the subsequent property owners fail to adequately maintain the permanent erosion control facilities, retaining walls, basins, structures, plantings, and other protective devices and/or facilities, the city reserves the authority, after properly notifying the owner of needed maintenance and the owner failing to respond to the city engineer's demand for such maintenance to enter affected property, provide needed maintenance and to charge the owner for the work performed by the city or its contractors. If payment of such costs for necessary work is not paid within 1 year, the costs shall be collected through property tax lien or other means as allowed under State law.

(Ord. 2006-29 § 12, 2006).

Notwithstanding other requirements of law, as soon as any person responsible for the maintenance of permanent erosion control facilities fails to properly maintain their facility, the city may make notifications in person or by phone but notice shall be confirmed by written notice addressed and mailed to the responsible persons within 5 business days of the personal visit or phone notice. Also, the city may employ proactive or (annual) notification methods to remind persons of important maintenance tasks without risk of city action. Person not responding to annual notifications will be subject to the notification of needed maintenance process.

(Ord. 2006-29 § 13, 2006).

Any person who violates any provision of this chapter, any provision of any permit issued pursuant to this chapter, or who discharges waste or wastewater which causes pollution, or who violates any cease and desist order, prohibition, or effluent limitation, also may be in violation of the Federal Clean Water Act and may be subject to the sanctions of that Act including civil and criminal penalties.

(Ord. 2006-29 § 14, 2006).

Notwithstanding the existence or pursuit of any other remedy, the city may maintain an action in its own name in any court of competent jurisdiction for an injunction or other process against any person to restrain or prevent violations of this chapter. The city engineer, or his duly authorized agents, may enter at all reasonable times in, or upon, any private or public property for the purpose of inspecting and investigating conditions and practices which may be a violation of this chapter.

(Ord. 2006-29 § 15, 2006).

Any person receiving a notification of needed maintenance from the city engineer may request a hearing.

1.

Upon receipt of said notice, the person accused has 10 working days to request a hearing, in writing, with the city engineer to provide additional reports, data, statements of any relevant material.

2.

A failure to request a hearing, in writing, within the time allowed is deemed a waiver of the right to be heard.

3.

Upon consideration of evidence provided by the alleged violator during a hearing, the city engineer shall, within 10 working days, issue a final notice of needed maintenance

4.

Upon issuance of a final notice of needed maintenance, the alleged violator shall have 10 working days to request, in writing, an appeal to the board of supervisors.

(Ord. 2006-29 § 16, 2006).

The purpose of this ordinance is to provide for the health, safety, and general welfare of the citizens of Carson City through the regulation of non-storm water discharges to the storm sewer system to the maximum extent practicable as required by federal and state law. This ordinance establishes methods for controlling the introduction of pollutants into the municipal separate storm sewer system (MS4) in order to comply with requirements of the National Pollutant Discharge Elimination System (NPDES) permit process. The objectives of this ordinance are:

1.

To regulate the contribution of pollutants to the municipal separate storm sewer system (MS4) by stormwater discharges by any user.

2.

To prohibit illicit connections and discharges to the municipal separate storm sewer system.

3.

To establish legal authority to carry out all inspection, surveillance and monitoring procedures necessary to ensure compliance with this ordinance.

(Ord. 2005-27 § 3, 2005).

1.

"Best management practices (BMPs)" means schedules of activities, prohibitions of practices, general good house keeping practices, pollution prevention and educational practices, maintenance procedures, and other management practices to prevent or reduce the discharge of pollutants directly or indirectly to stormwater, receiving waters, or stormwater conveyance systems. BMPs also include treatment practices, operating procedures, and practices to control site runoff, spillage or leaks, sludge or water disposal, or drainage from raw materials storage.

2.

"CCMC" means the Carson City Municipal Code.

3.

"City" means the consolidated municipality of Carson City.

4.

"Clean Water Act" means the Federal Water Pollution Control Act (33 U.S.C. 1251 et seq.), and any subsequent amendments thereto.

5.

"Construction activity" means activities subject to NPDES construction permits. These include construction projects resulting in land disturbance of one (1) acre or more. Such activities include, but are not limited to clearing and grubbing, grading, excavating, and demolition.

6.

"Department" means the Carson City development services department.

7.

"Director" means the development services department director.

8.

"ECA (Environmental Control Authority)" means the officers and agents of the department assigned by the director to enforce the provisions of this ordinance.

9

"Hazardous materials" means any material, including any substance, waste, or combination thereof, which because of its quantity, concentration, or physical, chemical, or infectious characteristics may cause, or significantly contribute to, a substantial present or potential hazard to human health, safety, property, or the environment when improperly treated, stored, transported, disposed of, or otherwise managed.

10.

"Illegal discharge" means any direct or indirect non-storm water discharge to the storm sewer system, except as exempted in Section 12.19.090 of this ordinance.

11.

"Illicit connections" means an illicit connection defined as either of the following:

(a)

Any drain or conveyance, whether on the surface or subsurface, which allows an illegal discharge to enter the storm sewer system including, but not limited to. any conveyances which allow any non-storm water discharge including sewage, process wastewater, and wash water to enter the storm sewer system and any connections to the storm sewer system from indoor drains and sinks, regardless of whether said drain or connection had been previously allowed, permitted, or approved by the department or,

(b)

Any drain or conveyance connected from a commercial or industrial land use to the storm sewer system which has not been documented in plans, maps, or equivalent records and approved by an authorized enforcement agency of the Federal Government or the State of Nevada.

12.

"Industrial activity" means activities subject to NPDES Industrial Permits as defined in 40 CFR, Section 122.26 (b)(14).

13.

"MS4" means the city's municipal separate storm sewer system.

14.

"National Pollutant Discharge Elimination System (NPDES) Storm Water Discharge Permit" means a permit issued by the Nevada Division of Environmental Protection, Department of Conservation and Natural Resources (NDEP) or by the United States Environmental Protection Agency (EPA) that authorizes the discharge of pollutants to waters of the United States, whether the permit is applicable on an individual, group, or general area-wide basis.

15.

"Non-storm water discharge" means any discharge to the storm sewer system that is not composed entirely of storm water.

16.

"Person" means any individual, association, organization, partnership, firm, corporation or other entity recognized by law and acting as either the owner or as the owner's agent.

17.

"Pollutant" means anything which causes or contributes to pollution. Pollutants may include, but are not limited to: paints, varnishes, and solvents: oil and other automotive fluids; non-hazardous liquid and solid wastes and yard wastes: refuse, rubbish, garbage, litter, or other discarded or abandoned objects, ordinances, and accumulations, so that same may cause or contribute to pollution; floatables; pesticides, herbicides, and fertilizers; hazardous substances and wastes; sewage, fecal coliform and pathogens; dissolved and particulate metals; animal wastes; wastes and residues that result from constructing a building or structure; and noxious or offensive matter of any kind.

18.

"Premises" means any building, lot, parcel of land, or portion of land whether improved or unimproved including adjacent sidewalks and parking strips.

19.

"Storm sewer system" means the entire system of storm drainage facilities owned by the city or over which the city has control or right of use for the movement and retention of storm water, including both naturally occurring and manmade facilities, including but not limited to any roads with drainage systems, municipal streets, gutters, curbs, inlets, piped storm drains, pumping facilities, retention and detention basins, natural and human-made or altered drainage channels, reservoirs, and other drainage structures.

20.

"Storm water" means any surface flow, runoff, and drainage consisting entirely of water from any form of natural precipitation, and resulting from such precipitation and is un-contaminated by wastewater.

21.

"Stormwater pollution prevention plan" means a document which describes the best management practices and activities to be implemented by a person or business to identify sources of pollution or contamination at a site and the actions to eliminate or reduce pollutant discharges to stormwater, stormwater conveyance systems, and/or receiving waters to the maximum extent practicable.

22.

"Watercourse" means a natural or artificial channel through which water flows, including but not limited to ephemeral and perennial streams.

23.

"Wastewater" means water-carried wastes, liquid, solid, gaseous or radioactive, associated with human habitation or from human or animal origin, or from producing, manufacturing, processing or business operation of whatever nature.

(Ord. 2005-27 § 4, 2005).

This ordinance shall apply to all water entering the storm sewer system generated on any developed and undeveloped lands unless explicitly exempted by the city.

(Ord. 2005-27 § 5, 2005).

The department shall administer, implement, and enforce the provisions of this ordinance. Any powers granted or duties imposed upon the department may be delegated in writing by the director to persons or entities acting in the beneficial interest of or in the employ of the department.

(Ord. 2005-27 § 6, 2005).

The standards set forth herein and promulgated pursuant to this ordinance are minimum standards and therefore this ordinance does not intend nor imply that compliance by any person will ensure that there will be no contamination, pollution, nor unauthorized discharge of pollutants.

(Ord. 2005-27 § 7, 2005).

Every person owning property through which a watercourse passes, or such person's lessee, shall keep and maintain that part of the watercourse within the property free of trash, debris, excessive vegetation, and other obstacles that would pollute, contaminate, or significantly retard the flow of water through the watercourse. In addition, the owner or lessee shall maintain existing privately owned structures within or adjacent to a watercourse, so that such structures will not become a hazard to the use, function, or physical integrity of the watercourse.

(Ord. 2005-27 § 8, 2005).

Any person subject to an industrial or construction activity NPDES storm water discharge permit shall comply with all provisions of such permit. Proof of compliance with said permit may be required in a form acceptable to the director prior to the allowing of discharges to the MS4.

(Ord. 2005-27 § 9, 2005).

The department shall adopt requirements identifying best management practices for any activity, operation, or facility which may cause or contribute to pollution or contamination of storm water, the storm sewer system, or waters of the United States. The owner or operator of a commercial or industrial establishment shall provide, at their own expense, reasonable protection from accidental discharge of prohibited materials or other wastes into the municipal storm sewer system or watercourses through the use of these structural and non-structural BMPs. Further, any person responsible for a property or premise, which is, or may be, the source of an illicit discharge, may be required to implement, at said person's expense, additional structural and non-structural BMPs to prevent the further discharge of pollutants to the municipal separate storm sewer system. Compliance with all terms and conditions of a valid NPDES permit authorizing the discharge of storm water associated with industrial activity, to the extent practicable, shall be deemed in compliance with the provisions of this section. These BMPs shall be part of a stormwater pollution prevention plan (SWPP) as necessary for compliance with requirements of the NPDES permit.

(Ord. 2005-27 § 10, 2005).

1.

Prohibition of Illegal Discharges. No person shall discharge or cause to be discharged into the municipal storm sewer system or watercourses any materials, including but not limited to pollutants or waters containing any pollutants, that cause or contribute to a violation of applicable water quality standards other than storm water.

2.

The commencement, conduct or continuance of any illegal discharge to the storm sewer system is prohibited except as described as follows:

(a)

The following discharges are exempt from discharge prohibitions established by this ordinance: water line flushing or other potable water sources, landscape irrigation or lawn watering, diverted stream flows, rising ground water, ground water infiltration to storm drains, uncontaminated pumped ground water, foundation or footing drains (not including active groundwater dewatering systems), crawl space pumps, air conditioning condensation, springs, non-commercial washing of vehicles, natural riparian habitat or wet-land flows, swimming pools (if dechlorinated - typically less than one PPM chlorine), fire fighting activities, and any other water source not containing pollutants.

(b)

Discharges specified in writing by the ECA as being necessary to protect public health and safety.

(c)

Dye testing is an allowable discharge, but requires a verbal notification to Carson City development services prior to the time of the test.

(d)

The prohibition shall not apply to any non-storm water discharge permitted under an NPDES permit, waiver, or waste discharge order issued to the discharger and administered under the authority of the Federal Environmental Protection Agency, provided that the discharger is in full compliance with all requirements of the permit, waiver, or order and other applicable laws and regulations, and provided that written approval has been granted for any discharge to the storm sewer system.

3.

Prohibition of Illicit Connections.

(a)

The construction, use, maintenance or continued existence of illicit connections to the storm sewer system is prohibited.

(b)

This prohibition expressly includes, without limitation, illicit connections made in the past, regardless of whether the connection was permissible under law or practices applicable or prevailing at the time of connection.

(c)

A person is considered to be in violation of this ordinance if the person connects a line conveying sewage to the MS4, or allows such a connection to continue.

(Ord. 2005-27 § 11, 2005).

1.

Applicability. This section applies to all facilities that have storm water discharges associated with industrial activity, including construction activity.

2.

Access to Facilities.

(a)

The ECA shall be permitted to enter and inspect facilities subject to regulation under this ordinance as often as may be necessary to determine compliance with this ordinance. If a discharger has security measures in force which require proper identification and clearance before entry into its premises, the discharger shall make the necessary arrangements to allow access to such agents.

(b)

Facility operators shall allow the ECA ready access to all parts of the premises for the purposes of inspection, sampling, examination and copying of records that must be kept under the conditions of an NPDES permit to discharge storm water, and the performance of any additional duties as defined by state and federal law.

(c)

The department shall have the right to enter any permitted facility and place any devices which are necessary, in the opinion of the ECA, to monitor or sample the facility's storm water discharge.

(d)

The department has the right to require the discharger to install monitoring equipment as necessary at his own expense. The facility's sampling and monitoring equipment shall be approved by the department and be maintained at all times in a safe and proper operating condition by the discharger at its own expense. All devices used to measure stormwater flow and quality shall be calibrated to ensure their accuracy. Any costs associated with sample analysis from suspect discharges, that are found to be in non-compliance, shall be the responsibility of the discharger.

(e)

Any temporary or permanent obstruction to safe and easy access to the facility to be inspected and/or sampled shall be promptly removed by the operator at the written or oral request of the ECA and shall not be replaced. The costs of clearing such access shall be borne by the operator.

(f)

Unreasonable delays (more than seven (7) days) in allowing ECA access to a permitted facility is a violation of a storm water discharge permit and of this ordinance.

(g)

If the ECA has been refused access to any part of the premises from which stormwater is discharged and is able to demonstrate probable cause to believe that there may be a violation of this ordinance, or that there is a need to inspect and/or sample as part of an inspection and sampling program designed to verify compliance with this ordinance or any order issued hereunder, or to protect the overall public health, safety, and welfare of the community, then the director may seek issuance of a warrant from any court of competent jurisdiction to enter the property to:

(1)

Inspect the facility to determine if there is an illicit connection,

(2)

Copy any records required to be kept in conformance with an NPDES permit,

(3)

Collect water quality samples from waste streams or storm sewer systems, or

(4)

Other forms of investigation to determine compliance with this chapter.

(Ord. 2005-27 § 12, 2005).

1.

The ECA may, without prior notice, suspend MS4 discharge access to a person when such suspension is necessary to stop an actual or threatened discharge which presents or may present imminent and substantial danger to the environment, or to the health or welfare of persons, or to the MS4 or waters of the United States. If the person fails to comply with a suspension order issued in an emergency, the ECA may take such steps as deemed necessary to prevent or minimize damage to the MS4 or waters of the United States, or to minimize danger to persons.

2.

Suspension Due to the Detection of Illicit Discharge. Any person discharging to the MS4 in violation of this ordinance may have their MS4 access terminated if such termination would abate or reduce an illicit discharge. The ECA will notify the person of the proposed termination of its MS4 access in accordance with the procedures detailed in the CCMC Section 12.06.155—Administrative action—Notice of violation.

3.

A person commits a misdemeanor if the person reinstates MS4 access to premises terminated pursuant to this section without the prior approval of the ECA.

(Ord. 2005-27 § 13, 2005).

Notwithstanding other requirements of law, as soon as any person responsible for a facility or operation, or responsible for emergency response for a facility or operation has information of any known or suspected release of materials which are resulting or may result in illegal discharges or pollutants discharging into storm water, the storm sewer system, or waters of the United States, said person shall take all necessary steps to ensure the discovery, containment, and cleanup of such release. In the event of such a release of hazardous materials said person shall immediately notify emergency response agencies of the occurrence via emergency dispatch services. In the event of a release of non-hazardous materials, said person shall notify the authorized enforcement agency in person or by phone or facsimile no later than the next business day. Notifications in person or by phone shall be confirmed by written notice addressed and mailed to the department within three (3) business days of the personal or phone notice. If the discharge of prohibited materials emanates from a commercial or industrial establishment, the owner or operator of such establishment shall also retain an on-site written record of the discharge and the actions taken to prevent its recurrence. Such records shall be retained for at least three (3) years.

(Ord. 2005-27 § 14, 2005).

1.

Whenever the ECA finds that any person is engaged or about to engage, in any act or practice which violates any provision of this chapter, the ECA may, in accordance with the provisions of CCMC Section 12.06.150 Violations—Remedies, seek to abate such acts or practices.

2.

In the abatement of such act or practice, the ECA may require, without limitation:

(a)

The monitoring, analyses, and reporting of discharges,

(b)

The elimination of illicit connections or discharges,

(c)

That discharges, practices, or operations, not in conformance with this chapter shall cease and desist,

(d)

The abatement or remediation of storm water pollution or contamination hazards and the restoration of any affected property.

(e)

The implementation of source control or treatment BMPs, and

(f)

Payment of a fine to cover administrative and remediation costs.

3.

If abatement of a violation and/or restoration of affected property is required, the notice shall set forth a deadline within which such remediation or restoration must be completed. The notice shall state that if the person fails to act before the deadline, the work may be performed by the city or a contractor hired by the city and the costs of abatement, remediation, or restoration expense thereof shall be charged to the person.

(Ord. 2005-27 § 15, 2005).

Any person receiving a notice of violation from the ECA may request a hearing in accordance with the provisions of CCMC Section 12.06.156—Request for hearing.

(Ord. 2005-27 § 16, 2005).

1.

If the violation has not been corrected pursuant to the requirements set forth in the notice of violation, or, in the event of an appeal, within ten (10) business days of the final decision on the appeal, the department is authorized to enter upon the subject private property and take any and all measures necessary to abate the violation and/or restore the property. It shall be unlawful for any person, owner, agent or person in possession of any premises to refuse to allow the government agency or designated contractor to enter upon the premises for the purposes set forth above.

2.

Within thirty (30) business days after abatement of the violation by the department, the owner of the property will be notified of the cost of abatement, including administrative costs. If the amount due is not paid within the time specified, the charges shall become a special assessment against the property and shall constitute a lien on the property for the amount of the assessment. The owner of the property may request hearing in accordance with the provisions of CCMC Section 12.06.156—Request for hearing.

3.

Any person violating any of the provisions of this article shall become liable to Carson City by reason of such violation. The liability shall be paid in not more than twelve (12) equal payments. Interest at the rate of not more than ten percent (10%) per annum shall be assessed on the balance beginning on the 31st day following abatement of the violation.

(Ord. 2005-27 § 17, 2005).

In the enforcement of this chapter, the ECA may seek injunctive relief and civil penalties.

(Ord. 2005-27 § 18, 2005).

In lieu of penalties authorized by this chapter, the court may impose upon a violator alternative compensatory actions, including but not limited to storm drain stenciling, attendance at compliance workshops, creek cleanup, or other similar water quality related activities.

(Ord. 2005-27 § 19, 2005).

In addition to the enforcement processes and penalties provided, any condition caused or permitted to exist in violation of any of the provisions of this chapter is a threat to public health, safety, and welfare, and is declared and deemed a nuisance, and may be abated or restored at the violator's expense, and/or a civil action to abate, enjoin, or otherwise compel the cessation of such nuisance may be taken.

(Ord. 2005-27 § 20, 2005).

Any person that has violated or continues to violate this ordinance shall be liable to criminal prosecution to the fullest extent of the law, and shall be subject to a criminal penalty of one thousand dollars ($1,000) per violation per day and/or imprisonment for a period of time not to exceed six (6) months per violation per day. The city may recover all attorney's fees, court costs, and other expenses associated with enforcement of this ordinance, including sampling and monitoring expenses.

(Ord. 2005-27 § 21, 2005).

The remedies listed in this ordinance are not exclusive of any other remedies available under any applicable federal, state or local law and it is within the discretion of the ECA to seek cumulative remedies.

(Ord. 2005-27 § 22, 2005).

The provisions of this ordinance are hereby declared to be severable. If any provision, clause, sentence, or paragraph of this chapter or the application thereof to any person, establishment, or circumstances shall be held invalid, such invalidity shall not affect the other provisions or application of this chapter.

(Ord. 2005-27 § 23, 2005).

As used in this chapter, unless the context otherwise requires:

1.

"Development" means the conversion of previously undeveloped or pervious surfaces to impervious surfaces and managed landscape areas, including the addition of impervious surfaces during redevelopment.

2.

"Impervious surface" has the meaning ascribed to it in CCMC 12.17.010.

3.

"Low impact development" or "LID" means a land development practice, modeled after nature, that improves and enhances water quality by reducing runoff and non-point source pollution through design techniques to mimic the pre-development hydrology of a site and effectively slow, capture, infiltrate, filter, detain, evaporate and hold runoff onsite. The term includes green infrastructure practices that use or mimic natural processes to infiltrate, evapotranspirate or reuse stormwater runoff onsite.

4.

"Redevelopment" means the replacement of impervious surfaces on a developed site. All new impervious surfaces added during redevelopment are considered development.

(Ord. No. 2021-3, § II, 3-18-2021)

1.

The board hereby determines and declares that:

(a)

It is necessary to establish stormwater and drainage management programs which protect water quality and water supply by the employment of a watershed approach that balances environmental, conservation and economic considerations.

(b)

Urbanization has led to increased impervious surface areas resulting in increased water runoff, which causes the transport of pollutants to downstream waters.

(c)

The establishment of LID standards are widely recognized as a sensible approach to the management of the quantity and quality of stormwater and non-stormwater runoff, and that such management may be properly accomplished by implementing standards and practices to maintain, improve or restore the natural hydrological contours of a site, reduce runoff, improve water quality and provide groundwater recharge.

2.

It is the purpose of this chapter to manage rainwater and urban runoff to mitigate undesirable impacts of development and urbanization, and to establish LID standards to promote the public health, safety and welfare through the use of such standards and related incentives by:

(a)

Ensuring that private and public development provide adequate protection for persons and property.

(b)

Minimizing offsite runoff from any property.

(c)

Minimizing and controlling the impact of erosion and pollution on the natural environment.

(d)

Minimizing the cost of maintenance for drainage and flood control systems.

(e)

Recognizing stormwater as a resource.

3.

This section shall not be construed to convey a guarantee to any person that the implementation of LID standards or the compliance with such standards will fully mitigate or prevent the unauthorized discharge of pollutants into waters.

(Ord. No. 2021-3, § III, 3-18-2021)

Except as otherwise specifically provided by this section and CCMC, the provisions of this chapter:

1.

Apply to all development and redevelopment in the city, including the conditional use of a parcel that is zoned within a use district designated as Agriculture and which requires the issuance of a special use permit.

2.

Do not apply to the primary permitted uses or the accessory permitted uses of a parcel that is zoned within a use district designated as agriculture.

(Ord. No. 2021-3, § IV, 3-18-2021)

Except as otherwise provided in CCMC 12.20.050, all development and redevelopment must satisfy the low impact development standards set forth in Division 14 of Title 18 Appendix of CCMC.

(Ord. No. 2021-3, § V, 3-18-2021)

1.

An applicant for a building permit may request an exemption from the LID standards set forth in Division 14 of Title 18 of CCMC. An application for an exemption must:

(a)

Be made in writing;

(b)

Be submitted to the city engineer; and

(c)

Contain a detailed explanation describing the reason for the request.

2.

The city engineer, or his or her designee:

(a)

Shall approve or deny the request in writing as soon as reasonably practicable; and

(b)

May approve the request only if it is determined that compliance with the LID standards would:

(1)

Be unsuitable for the building site;

(2)

Interfere with existing drainage in such a manner as to cause damage to an adjacent property or a public right-of-way;

(3)

Create or cause to be created a hazard to any person or property; or

(4)

Create or cause to be created a detrimental impact on the public health, safety or welfare.

3.

An exemption that is granted pursuant to this section applies only to the building permit for which the request was made.

(Ord. No. 2021-3, § VI, 3-18-2021)