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Elko City Zoning Code

TITLE 9

HEALTH AND SANITATION

CHAPTER 4 MILK

(Rep. by Ord. 792, 4-14-2015)

9-1-1: SHORT TITLE:

This chapter may be cited as the ELKO WATER CODE. (Ord. 323, 2-19-1982)

9-1-3: DEFINITIONS:

As used in this chapter, unless the context requires otherwise, the following are to mean:
   CITY COUNCIL: The city council of the city of Elko.
   CONNECTION CHARGES OR CONNECTION FEE: A fee charged in order to equalize the investment in plant and equipment and other facilities made by the city of Elko. The charge is for the right of service in the system.
   DIRECTOR: The city engineer or any of his duly authorized representatives.
   ELKO MUNICIPAL WATER SYSTEM OR WATER SYSTEM: The system of conduits, pumps, tanks and structures used for the purpose of conveying from its sources, treating in any manner and conveying to final points of use, all water services requested of the city and on a schedule approved by the city council. Specifically included as integral parts of the system are all conduits of any nature forming a part of the general network of conduits or connected directly or indirectly to said network; all pumps, treatment facilities, tanks and structures of any kind used in connection with the collection, treatment and disposition of water; and all appurtenances to any of the above, either physically or functionally connected therewith.
   FIRE PROTECTION SERVICE LINE: Public fire protection service facilities including but not limited to fire service tap, valves, pipes, fire hydrants, fire department connections, and backflow devices.
   FIXTURE UNIT SURVEY: The tabulation of fixture units by physical inspection or review of construction plans to determine the fixture unit count.
   FULL FRONTAGE: All lot lines of any lot, parcel or tract of property adjacent to a road, street, alley or right of way, to include lots, parcels or tracts containing multiple borders or edges, such as corner lots.
   HOOKUP CHARGE: See definition of Tap Fee Or Hookup Charge.
   PREMISES: A continuous tract of land, building or group of adjacent buildings under a single control with respect to use of water and responsibility for payment therefor. Subdivision of such use or responsibility shall constitute a division into separate premises, as herein defined, except that where more than one dwelling is being served through the same water service, in which case each of said dwellings shall constitute a separate premises and shall be subject to the same separate charges as if separate single-family dwellings.
   TAP FEE OR HOOKUP CHARGE: A charge made by the department for installation of a service to a customer. The cost includes installation of a corporation stop on the main in front of the property and installation of the service line and curb stop terminating the service line at a point at or near the property line.
   WATER DEPARTMENT: The city of Elko water department, located at 1751 College Avenue.
   WATER FIXTURE UNIT: A numerical value assigned to different types of plumbing fixtures to reflect demand of the water system. Fixture units shall be utilized for billing on the basis of demand of each user. A tabulation of the numerical value assigned to the various types of plumbing fixtures is included in section 9-1-51 of this chapter.
   WATER FIXTURE UNIT COUNT: The total water fixture units (WFUs) determined by counting or estimating and assigned to an individual water billing account number.
   WATER FIXTURE UNIT RATE: The dollar amount charged per water fixture unit per month ($/WFU/mo). (Ord. 740, 8-9-2011; amd. Ord. 846,12-10-2019)

9-1-5: WATER SERVICE:

   A.   Applications:
      1.   Content: Each applicant for water service shall be required to sign, on a form provided by the water department, an application which shall set forth:
         a.   Date.
         b.   Location of premises to be served, giving street address and description of property to be served.
         c.   Applicant's name and mailing address and the name and mailing address of the legal owner of the premises.
         d.   Purpose for which the property will be used (residential, commercial, apartments, etc.).
         e.   Person and address to which the monthly bills are to be mailed.
         f.   The date the applicant will be ready for water service.
         g.   The name of the contracting or plumbing agency that will be hooking the premises to the city water system (new connections).
         h.   If the applicant is not the legal owner of the property, the applicant shall provide written evidence of authorization to apply for service from the legal owner of the property.
      2.   Purpose: The application is merely a written request for service and does not bind the applicant to take service for any period of time, nor does it bind the city to serve, except under reasonable conditions.
      3.   Responsibility: The legal owner is responsible for the payment of all water charges at the premises for which an application is made. Only the legal owner of the premises may request termination of water service or a change in the person or address to which the monthly water bill is to be sent.
   B.   Change In Customer Equipment Or Operations: A customer making any change in the size, character or extent of the equipment or operations for which the service is utilized shall immediately file with the water department a new application for additional service.
   C.   Charges For Service Taps (Tap Fee):
      1.   The city will install service pipes to a point at or near the property line. In no case will a service connection be made unless the property to be served fronts on a street or alley with an adequately sized main and the distance the department has to run the service is less than seventy five feet (75'). In no instance will service connections be installed across private property. The property owner shall, at his cost, install the meter box, yoke and complete the service line. If adequately sized mains are not available, any required main extensions shall be extended in accordance with the terms and conditions of this code. The adequacy or inadequacy of main sizes shall be determined by the director.
      2.   Charges for service taps will be set from time to time by resolution of the city council.
If the service is installed in an existing paved street or area, a street cut permit shall be obtained from the city engineer's office and all costs associated with the street cut, including, but not limited to, the street cut, required excavation, repair of the street and any required traffic control shall be paid by the applicant.
Services over two inches (2") will be charged at actual cost of labor, materials and equipment, plus fifteen percent (15%) to cover overhead. In addition, for all sizes of services, the actual cost will be charged, plus fifteen percent (15%) overhead, when unusual conditions require excessive time to complete, such as when a street of reinforced concrete must be trenched manually, or when it is necessary to tunnel under a railroad or a street rather than open trench, or to push or jack service pipe. Unusual conditions will be determined by the director.
      3.   Charges for service taps shall be collected in advance, normally at the time the building permit is issued. When services are to be at cost plus overhead, an estimate of costs shall be first collected and when the actual cost and overhead is determined, any overpayment will be refunded or an underpayment billed.
   D.   Individual Service And Shutoff:
      1.   Each residence shall have an individual service and shutoff, whether the homes are constructed on the same lot or not. Existing residences wherein more than one are served by a single service shall be allowed to continue as long as all bills for water service are kept current and so long as all rules are abided by. The water department may, at its own discretion and at any time the above conditions are violated, decline to furnish water until separate services are provided. In all cases where water has been supplied to several parties or tenants from connection with supply controlled by one valve, the water department has contracted with one of the several parties and upon his or their failure to abide by said rules and regulations the water may be shut off.
      2.   Billings for commercial accounts shall be based on individual services and shut off whether or not there are several separate commercial users of said service. One billing shall be made to the property owner or his authorized agent.
   E.   Alterations Or Extensions: No person shall make any alterations or extensions in any water pipe or fixture except in compliance with the provisions of this code.
   F.   Service Lines: Service lines shall be placed in a covered trench with at least forty two inches (42") cover over the pipe.
   G.   Master House Or Building Valve: Every building or premises served by a water service line shall have a master house or building valve installed at the expense of the owner, in addition to the city valve, so that the occupant or owner can shut off the water supply to the building or premises without using the city valve or requiring the water department to close any city or other valves to permit repairs or to shut off the water to the property for any purpose. The property owner's shutoff valve shall be located inside the structure located upon his property.
   H.   Tampering Prohibited: No person, other than authorized city personnel, shall open, close, operate, tamper with, tap or connect into any city valve or any city mains, pipes, laterals, hydrants or other valves or pipes owned or controlled by the city or used by the city in connection with the municipal waterworks, unless authorized by the director.
   I.   Application: Application hereunder may be made by any owner of property to be served, or such owner's duly authorized agent.
   J.   Exemptions: Except as herein provided, subdividers and developers who install complete water facilities, including service taps to individual services in their developments as provided in this code, are exempt from the tap fees when these facilities are acceptably installed solely at the expense of the subdivider or developer. The normal connection charge will be paid prior to the issuance of grading and/or building permits.
   K.   Water Charge: The water charge begins when a service connection is installed unless the water is ordered to be left shut off when the service connection is ordered to be installed. Before water is turned on by the water department for any purpose whatsoever, the property owner must sign a form in which he guarantees payment of future water bills for the service required. The person signing the guarantee form will be held liable for water used until the city council is notified in writing to discontinue service or to transfer the account to another property owner.
   L.   Water Used Without Water Service Application Being Made: A person taking possession of premises and using water from an active service connection without having made application to the water department for water service, shall be held liable for the water delivered from the date of the last recorded billing. If proper application for water service is not made upon notification to do so by the water department, and if accumulated bills for service are not paid immediately, the service may be discontinued by the water department without further notice.
   M.   Damages Through Leaking Pipes And Fixtures: When turning on the water supply as requested and the house or property is vacant, the water department will endeavor to ascertain if water is running on the inside of the building. If such is found to be the case, the water will be left shut off at the curb stop. The city council's jurisdiction and responsibility ends at the property line and the city council will in no case be liable for damages occasioned by water running from open or faulty fixtures, or from broken or damaged pipes inside the property lines. (Ord. 731, 4-12-2011)

9-1-7: MANDATORY CONNECTION:

Each owner of any real or personal property used for human occupancy, employment, recreation, commercial, industrial or other like purposes situated within the incorporated areas of the city shall connect to the city water system. Connections to the water system shall be the sole responsibility of the owner of the property so connected as provided in this chapter. (Ord. 323, 2-19-1982)

9-1-9: DISCONTINUANCE OF SERVICE; CUSTOMER REQUEST:

   A.   Advance Notice: A customer may have service discontinued by giving not less than one business day's advance notice thereof at the office of the water department. Charges for service may be required to be paid until the requested date of discontinuance or such later date as will provide not less than the required one business day's advance notice.
   B.   Failure To Provide Notice: When such notice is not given, the customer will be required to pay for service until one business day after the water department has knowledge that the customer has vacated the premises or otherwise has discontinued water service.
   C.   Exemption For Emergency: Emergency situations will not require this prior notice. (Ord. 323, 2-19-1982)

9-1-11: TERMINATION FOR NONCOMPLIANCE WITH RULES:

The water department may terminate service to any customer for violation of these rules after it has given the customer written notice of such intention. Where safety of water supply is endangered, service may be discontinued or curtailed immediately without notice. (Ord. 323, 2-19-1982)

9-1-12: REGULATING AND LIMITING OUTDOOR USE OF MUNICIPAL WATER:

   A.   Definitions: For the purposes of this section, the following terms, phrases, words, and their derivations shall have the meaning given herein. The word "shall" is always mandatory and not merely directory.
   CITY: The city of Elko.
   MUNICIPAL WATER: Water from the city water supply system, but does not include the city wastewater treatment plant effluent. The effluent is not subject to the regulations contained herein.
   PERSON: Any person, firm, partnership, association, corporation, company or organization of any kind.
   B.   Voluntary Encouragement Of Certain Uses: Between the dates of September 16 through June 14 of each calendar year, all persons using municipal water within the city are encouraged to voluntarily water yards, wash sidewalks, driveways, filling station aprons, parking lots and other similar outdoor uses of water on odd/even days. That is to say, persons living or working at odd numbered addresses (addresses ending in 1, 3, 5, 7 and 9) are encouraged to use municipal water for outdoor purposes on Tuesdays, Thursdays and Saturdays. Persons living or working at even numbered addresses (addresses ending in 0, 2, 4, 6 and 8) are encouraged to use municipal water for outdoor purposes on Wednesdays, Fridays and Sundays. Irrigation of public park areas is encouraged on Mondays and Thursdays. For dust abatement at construction sites, the use of reuse water is encouraged.
   C.   Prohibition Of Certain Uses:
      1.   Between the dates of June 15 through September 15 of each calendar year, it shall be a civil infraction subject to civil fines for any person to use municipal water within the city for the following outdoor uses: watering yards, watering sidewalks, driveways, filling station aprons, parking lots, the outside of dwellings and office buildings and other outdoor surfaces except in compliance with the following schedule:
         a.   With the exception of the city, persons living or working at odd numbered addresses (addresses ending in 1, 3, 5, 7 and 9) shall only use municipal water for the purposes stated above on Tuesdays, Thursdays and Saturdays.
         b.   With the exception of the city, persons living or working at even numbered addresses (addresses ending in 0, 2, 4, 6 and 8) shall only use municipal water for purposes stated above on Wednesdays, Fridays and Sundays.
         c.   With the exception of the city, there shall be no use of municipal water for the above stated purposes on Mondays.
         d.   The city park lands shall be irrigated on Sunday from ten o'clock (10:00) P.M. until Monday at eight o'clock (8:00) A.M., Tuesday from ten o'clock (10:00) P.M. until Wednesday at eight o'clock (8:00) A.M., and Thursdays from ten o'clock (10:00) P.M. until Friday at eight o'clock (8:00) A.M. Exceptions may be made for public parks that demonstrate stress from lack of water.
         e.   Hand held watering of yards shall be permitted seven (7) days per week.
         f.   Reuse water shall be used for dust abatement at construction sites. The city engineer may permit use of fresh water for dust abatement in certain situations at his/her discretion. Rules and regulations for the use of reuse water, as determined by the city engineer and/or the state division of environmental protection, shall be adhered to by users of reuse water.
         g.   The city manager or his designee may grant exceptions to the above listed restrictions after application by a person, only for the following demonstrated reasons:
            (1)   Fire safety concerns;
            (2)   Dust suppression;
            (3)   Establishing new turf;
            (4)   Installation of a moisture sensing irrigation system that has been verified and approved by the city engineer or designee;
            (5)   Inability to irrigate on designated schedule due to verified absence, disability or other legitimate reason, as determined by the city manager.
      2.   Approved applications for exception from outdoor watering restrictions shall be kept on file in the city clerk's office, and a copy will be provided to the police department.
   D.   Prohibiting Waste Of Municipal Water: It shall be a civil infraction for any person to waste municipal water within the city. Prima facie evidence of waste of municipal water includes escaping through defective plumbing or, when watering yards, gardens or other vegetation, permitting municipal water to escape and flow onto adjoining property or into or along a public street, alley or gutter.
   E.   Additional Prohibition Of Certain Uses:
      1.   If the conditions set forth in subsection E2 of this section occur, additional prohibitions of use of water may be ordered by the city engineer after approval by two (2) members of the city council. It shall be a civil infraction subject to civil fines for any person to use municipal water for those additional prohibited uses identified under this section.
      2.   The above mandatory civil infraction may be imposed if the following conditions occur:
         a.   Two (2) members of the city council, together with the city manager and the city engineer verify in writing that either of the two (2) following conditions exist:
            (1)   The total water storage capacity of the city has dropped below fifty percent (50%); and/or
            (2)   Daily water use exceeds maximum pumping ability.
         b.   The city has caused to be published in a newspaper of local circulation, a one time notice that beginning at nine o'clock (9:00) A.M. the next morning following the publication of the notice that the city will begin issuing civil infraction citations for violations of the approved outdoor watering requirements.
         c.   That prior to the issuance of a civil infraction citation to any person, said person will first be issued a warning citation that upon the next violation a civil infraction citation subject to a civil fine will be issued.
   F.   Compliance: The city council may, by majority vote at a properly noticed meeting, discontinue the process of issuing mandatory civil infraction citations and reinstate the voluntary compliance provisions of this section if in its discretion the city council believes circumstances have sufficiently changed so as to justify such action.
   G.   Notice Of Civil Infraction; Form: A notice of civil infraction must be on a form which is prescribed by the police department and must contain the following information:
      1.   The location in which the violation occurred;
      2.   The date and time of the violation;
      3.   The signature of the person who issued the notice of civil infraction;
      4.   The section of this code which is allegedly being violated;
      5.   Information which advises of the manner in which and the time within which the notice of civil infraction must be answered;
      6.   Any other reasonable information which is prescribed by the police department.
   H.   Duties Of Respondent:
      1.   A person who responds to a notice of infraction must either:
         a.   "Admit" the commission of the infraction and pay the appropriate civil fine; or
         b.   "Deny" liability for the infraction.
      2.   A person may "admit" pursuant to subsection H1a of this section by paying the amount of the civil fine which is appropriate for the violation to the municipal court.
      3.   A person may "deny" liability pursuant to subsection H1b of this section by appearing in person before the municipal court at the time specified on the notice of civil infraction.
   I.   Commencement Of Civil Action Procedure: If liability is denied in the manner set forth herein or if there is no admission or denial within the prescribed time, judicial enforcement of notices of infraction must be by way of civil suit in the municipal court if the person denies liability. The civil action may be commenced by the filing of a complaint in the name of the city and the issuance of a summons with respect thereto and service of such complaint and summons on the defendant must be made by certified mail, return receipt requested, addressed to the defendant at his or her last known address or in any other manner which is authorized by law. The proceedings in municipal court for actions commenced pursuant to this subsection shall be governed by rule 1 and rules 3 through 87 of the Nevada justice court rules of civil procedure, except that there shall be no right of trial by jury.
   J.   Schedule Of Civil Fines: The civil fines imposed on any person violating this water conservation section of this chapter shall be established by a resolution as adopted by the city council.
   K.   Termination Of Service For Waste Of Water: Where negligent or wasteful use of water exists from a customer's premises, the water department may terminate the service if such practices are not remedied after it has given the customer written notice to such effect by certified mail or citation issued by the city police, three (3) days prior to proposed date of termination. (Ord. 620, 6-8-2004)

9-1-15: TERMINATION FOR UNSAFE APPARATUS:

If any condition is found to exist on a customer's premises which, in the opinion of the director constitutes a hazard to health or which may contaminate the water supply or which threatens to damage any portion of the city water system or if the use of water thereon by apparatus, appliances, equipment or otherwise is found to be detrimental or damaging to the water supply, the water department or its customers, the service may be terminated without notice. The water department 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. (Ord. 323, 2-19-1982)

9-1-16: CROSS CONNECTION CONTROL CODE:

   A.   Purpose: The purpose of this section 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(s) in the future.
   B.   Definitions: For the purposes of this section, the following terms, phrases, words, and their derivations shall have the meaning given herein. The word "shall" is always mandatory and not merely directory.
   ASSE STANDARD: An official standard developed and approved by the American Society of Sanitary Engineering.
   AWWA STANDARD: An official standard developed and approved by the American Water Works Association (AWWA).
   AIR GAP SEPARATION: The unobstructed vertical distance or physical separation between a point of free flowing discharge of water from a pipe that supplies water to an open or nonpressurized vessel, tank or receptacle and the overflow rim of that vessel, tank, or receptacle. An air gap must be at least twice the effective diameter of that pipe or, if the pipe is affected by sidewalls at least three (3) times the effective diameter of that pipe. In no case shall an air gap separation be less than one inch (1").
   APPROVED BACKFLOW PREVENTION ASSEMBLY: Any assembly manufactured and utilized to prevent back pressure and/or back siphonage in full conformance with the standards established by the American Waterworks Association entitled, AWWA C506 (current revision) standards for reduced pressure principle and double check valve backflow prevention devices, and which have passed laboratory and field evaluation tests performed by a recognized testing organization which has demonstrated their competency to perform such tests.
   APPROVED WATER SUPPLY: Any water supply whose potability is regulated by a state or local health agency.
   ATMOSPHERIC VACUUM BREAKER: An assembly that consists of a vacuum breaker that contains an air inlet valve, a check seat and one or more air inlet ports, in which the flow of water causes the air inlet valve to close the air inlet ports; and when the flow of water stops:
      1.   The air inlet valve falls and forms a check valve against back siphonage; and
      2.   The air inlet ports open to allow air to enter the pipe and satisfy the vacuum.
      3.   Has been manufactured, tested and approved, by an approved backflow testing laboratory, in accordance with the American Water Works Association standard C512.
      4.   Does not protect against back pressure conditions.
   AUXILIARY SUPPLY: Any water supply on or available to the premises other than the approved water supply.
   BACKFLOW: 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. Back siphonage is one cause of backflow. Back pressure is the other cause.
   BUILDING OFFICIAL: The duly appointed building official of the city of Elko, Nevada. Any act stated in this plan that is required or authorized by the "building official" may be done on his behalf by an authorized representative of the city building department.
   CITY UTILITIES DIRECTOR: The duly appointed city utilities director of the city of Elko, Nevada. Any act stated in this plan that is required or authorized by the "city utilities director" may be done on his behalf by an authorized representative of the city engineering department or the city water department.
   CONTAMINATION: 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.
   CROSS CONNECTION: Any physical plumbing arrangement whereby the public water supply is connected, directly or indirectly, with any other water supply system, sewer, drain, conduit, swimming pool, storage reservoir, plumbing fixture or other device which contains or may contain contaminated water or chemicals that are capable of contaminating the public water supply in the event of "backflow", "back siphonage" or "back pressure". Bypass arrangements, jumper connections, removable sections, swivel or changeover assemblies, or other assemblies through which backflow could occur, shall be considered to be cross connections.
   CUSTOMER: Any person, persons, firm or corporation that is provided potable water from the public water supply system through a legal water service connection to the public water supply distribution network.
   DEGREE OF HAZARD: Shall express the results of an evaluation of a health, system, or plumbing hazard. The degree of hazard will be used to evaluate the type of backflow and back siphonage protection required to protect the public water supply.
   DOUBLE CHECK DETECTOR CHECK ASSEMBLY: An assembly that:
      1.   Is composed of two (2) spring loaded check valves;
      2.   A bypass assembly that contains a water meter and another double check valve assembly; and
      3.   Has tightly closing, resilient seated shutoff valves attached at each end.
   DOUBLE CHECK VALVE ASSEMBLY (DCVA): An approved backflow prevention assembly that:
      1.   Is composed of two (2) independently acting, approved check valves;
      2.   Has tightly closing, resilient seated shutoff valves attached at each end;
      3.   Is fitted with properly located, resilient seated test cocks; and
      4.   Has been manufactured, tested and approved, by an approved backflow testing laboratory, in accordance with the American Water Works Association standard C510.
   HEALTH HAZARD: Any condition, device, or practice in a water supply system and/or its operation that creates, or may create, a danger to the health and well being of a customer. Health hazards may occur on the customer's premises and must be addressed to remedy the danger to the customer and/or the public water supply.
   PERSON: Any individual, corporation, company, association, partnership, municipality, public utility, or other public body or institution.
   PLUMBING HAZARD: A cross connection within a customer's potable water system that may permit back siphonage in the event of a negative pressure in the supply line or in the public water distribution system.
   PREMISES: 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.
   PRESSURE VACUUM BREAKER (PVB): Approved assembly that:
      1.   Contains an independently operating, internally loaded approved check valve and an independently operating, loaded air inlet valve located on the discharge side of the approved check valve; and
      2.   Is equipped with properly located, resilient seated test cocks and tightly closing, resilient seated shutoff valves that are attached at each end of the assembly.
      3.   Does not protect against back pressure conditions.
   PUBLIC HEALTH OFFICER: Shall be a representative of the Nevada bureau of consumer health with the authority to enforce state public health requirements.
   PUBLIC WATER SYSTEM: 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.
   RECLAIMED WATER: A wastewater, which as a result of treatment is suitable for uses other than potable use.
   REDUCED PRESSURE PRINCIPLE BACKFLOW (RPPB): An approved assembly that:
      1.   Contains two (2) independently acting approved check valves and a hydraulically operating, mechanically independent pressure relief valve that is located between the approved check valves and below the upstream check valve;
      2.   Has properly located, resilient seated test cocks and tightly closing, resilient seated shutoff valves at each end of the assembly;
      3.   Is designed to protect against pollution and contamination under conditions of back siphonage or back pressure; and
      4.   Has been manufactured, tested and approved by an approved backflow testing laboratory, in accordance with the American Water Works Association standard C511.
   REDUCED PRESSURE DETECTOR ASSEMBLY (RPDA): An assembly that:
      1.   Is composed of a line sized, reduced pressure principle assembly;
      2.   A bypass assembly that contains a water meter and another reduced pressure principle assembly; and
      3.   Has tightly closing, resilient seated shutoff valves attached at each end.
   RESIDENTIAL DUAL CHECK VALVE: An approved assembly that:
      1.   Contains two (2) inline spring loaded poppet check cartridges;
      2.   Meets the performance requirements specified in the American Society of Sanitary Engineering standard #1024.
   SERVICE CONNECTION: Refers to the point of connection of a customer's piping to the water supplier's facilities. Except, when the customer's water piping system distributes to more than one family dwelling, each dwelling shall be considered as a service connection.
   SYSTEM HAZARD: Threat to the physical properties of the public or the customer's potable water system by a material not dangerous to the health but aesthetically objectionable that would have a degrading effect on the quality of the potable water within the system.
   WATER DEPARTMENT INSPECTOR: Shall be that person or persons employed by the Elko city water department that have been trained and are qualified to perform the designated inspection work.
   WATER SUPPLIER: The person who owns or operates an approved water supply system.
   WATER USER: Any person obtaining water from an approved water system.
   C.   Cross Connection Protection Requirements:
      1.   General Provisions:
         a.   Unprotected cross connections with the public water supply are prohibited. The Nevada administrative code requires the state health officer's written approval to interconnect water supplies.
         b.   Whenever backflow protection has been found necessary, the city of Elko will require the water user to install an approved backflow prevention assembly by and at the user's expense for continued services or before new service will be granted. For new water meter sets, the required backflow assembly shall be installed, inspected, and approved. Certified test results must be provided to the city of Elko within five (5) days of meter set, unless the city of Elko, or its designee approves otherwise. The service will be locked off if inspections and certifications are not completed as specified above. A fee will be established by resolution for additional inspections.
         c.   Wherever backflow protection has been found necessary on a water supply line entering a water user's premises, any and all water supply lines for the city of Elko 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.
      2.   Where Protection Is Required:
         a.   Each service connection from the city of Elko water system for supplying water to premises that have 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 an approved water supply. The Nevada administrative code requires the state health officer's written approval to interconnect water supplies.
         b.   Each service connection from the city of Elko water system for supplying water to the premises in 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 of Elko water system which have been subjected to deterioration of its sanitary quality.
         c.   Backflow prevention assemblies shall be installed on the service connection to any premises having: 1) internal cross connections that cannot be permanently corrected and controlled to the satisfaction of the city of Elko, or 2) intricate plumbing and piping arrangements or where entry to all portions of the premises is not readily accessible for inspection purposes, making it impractical or impossible to ascertain whether or not cross connections exist.
         d.   Each service connection from the city of Elko water system for supplying water to premises with fire sprinkler or fire suppression systems must have a cross connection control system.
      3.   Type Of Protection Required:
         a.   The type of protection that shall be provided to prevent backflow into the approved water supply shall be appropriate for the degree of hazard that exists on the water user'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 of Elko. The minimum types of backflow protection required to protect the approved water supply at the user's water connection are provided in the Nevada administrative code. Situations that are not covered by the Nevada administrative code shall be evaluated on a case by case basis, and the city of Elko shall determine the appropriate backflow protection.
         b.   When two (2) or more services supply water from different street mains to the same building, structure, or premises through which an interpreted main flow may occur, each water service shall have at least a standard check valve to be located adjacent to and on the property side of the respective meters. These check valves shall not be considered adequate if backflow protection is deemed necessary to protect the mains from pollution or contamination, in which case the installation of approved backflow assemblies should be required.
   D.   Backflow Prevention Assemblies:
      1.   Approved Backflow Prevention Assemblies:
         a.   Only backflow prevention assemblies which have been manufactured, tested, and approved according to AWWA specifications shall be acceptable for installation by a water user connected to the city of Elko's potable water system.
      2.   Backflow Prevention Assembly Installation:
         a.   Backflow prevention assemblies shall be installed in a manner prescribed in the AWWA standards, the uniform plumbing code, and specifically NAC 445A.6723-6724 inclusive, as adopted by the city of Elko.
            (1)   Air Gap Separation (AG): An air gap must be at least twice the effective diameter of that pipe, or, if the pipe is affected by sidewalls at least three (3) times the effective diameter of that pipe. In no case shall an air gap separation be less than one inch (1"). An air gap must be installed in a manner prescribed in the AWWA standards, the uniform plumbing code, and specifically NAC 445A.6723 as adopted by the city of Elko. 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 (2) pipe diameters from the supply inlet, but in no case less than one inch (1") above the overflow rim of the receiving tank.
            (2)   Reduced Pressure Principle Backflow Prevention Assembly (RP): The approved reduced pressure principle assembly shall be installed on the user's side of and as close to the service connection as practical. Measured from the bottom of the assembly the assembly shall be installed a minimum of twelve inches (12") above grade, floor, or platform and not more than thirty six inches (36") above grade, floor or platform and with a minimum of twelve inches (12") side clearance. The assembly shall be installed so that it is readily accessible for maintenance and testing. An approved reduced pressure principle backflow prevention assembly must be installed in a manner prescribed in AWWA standards, the uniform plumbing code, and specifically NAC 445A.67235 as adopted by the city of Elko. Water supplied from any point between the service connection and the RP assembly shall be protected in a manner approved by the city of Elko.
            (3)   Double Check Valve Assembly (DC): The approved double check valve assembly shall be installed on the user's side of and as close to the service connection as possible. The assembly shall be installed inside a heated vault or similar structure and readily accessible for testing and maintenance. The assembly must be installed a minimum of twelve inches (12") above grade, floor, or platform, and not more than thirty six inches (36") above grade, floor, or platform. A minimum of twenty four inches (24") of clearance between the side of the assembly with test cocks and the side of the vault and a minimum of twelve inches (12") clearance between the assembly and the side of the vault. An approved double check valve assembly must be installed in a manner prescribed in the AWWA standards, the uniform plumbing code, and specifically NAC 445A.6724 as adopted by the city of Elko.
            (4)   Atmospheric Vacuum Breaker Assembly: Atmospheric vacuum breaker assemblies do not protect against back pressure conditions. Any installation of atmospheric vacuum breaker assemblies shall be approved by the city of Elko. The assembly shall be installed at least six inches (6") higher than the final outlet. An approved atmospheric vacuum breaker assembly must be installed in a manner prescribed in the AWWA standards and the uniform plumbing code as adopted by the city of Elko.
            (5)   Pressure Vacuum Breaker Assembly: Pressure vacuum breaker assemblies do not protect against back pressure conditions. Any installation of pressure vacuum breaker assemblies shall be approved by the city of Elko. The assembly shall be installed at least six inches (6") to twelve inches (12") higher than the existing outlet. An approved pressure vacuum breaker assembly must be installed in a manner prescribed in the AWWA standards and the uniform plumbing code as adopted by the city of Elko.
            (6)   Residential Dual Check Valve Assembly: The approved residential dual check valve assembly shall be installed on the user's side and as close to the service connection as possible. Any installation of residential dual check valve assemblies shall be approved by the city of Elko. An approved residential dual check valve assembly must be installed in a manner prescribed in the uniform plumbing code as adopted by the city of Elko.
      3.   Backflow Prevention Assembly Testing And Maintenance:
         a.   Testing Frequency; Report: The owner of any premises on which, or on account of which, backflow prevention assemblies are installed shall have the assemblies tested by a certified person who has demonstrated competency in testing of these assemblies to the city of Elko. Backflow prevention assemblies must be tested at least annually and immediately after installation, relocation or repair. The city of Elko 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 must be filed with the city of Elko each time an assembly is tested, relocated or repaired. The 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.
         b.   Backflow Prevention Assembly Removals: Approval must be obtained from the city of Elko before a backflow prevention assembly is removed, relocated, or replaced.
            (1)   Removal: The use of an assembly may be discontinued and the assembly removed from service upon presentation of sufficient evidence to the city of Elko to verify that a hazard no longer exists or is not likely to be created in the future.
            (2)   Relocation: An assembly may be relocated following confirmation by the city of Elko 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.
            (3)   Repair: An assembly may be removed for repair, provided the water use is either discontinued until the repair is completed and the assembly is tested and returned to service, or the service connection is equipped with other backflow protection approved by the city of Elko. The retest will be required following the repair of the assembly.
            (4)   Replacement: An assembly may be removed and replaced provided the water use is discontinued until the replacement assembly is installed and tested. All replacement assemblies must be approved by the city of Elko and must be appropriate with the degree of hazard involved. A retest will be required following the replacement of the assembly.
   E.   Administrative Procedures:
      1.   Water System Survey:
         a.   The city of Elko will review all requests for new service to determine if backflow protection is needed. Plans and specifications must be submitted to the city of Elko 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.
         b.   The city of Elko may require an on site inspection to evaluate cross connection hazards. The city of Elko 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 the premises' piping system shall be required to install the backflow prevention assembly or air gap which the city of Elko considers necessary. Wherever the safety of the water supply is endangered services may be discontinued immediately without notice.
         c.   The city of Elko may, at its discretion, require a reinspection for cross connection hazards of any premises to which it serves water. The city of Elko 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 the premises' piping systems shall be required to install the backflow prevention or air gap which the city of Elko considers necessary. Wherever the safety of the water supply is endangered services may be discontinued immediately without notice.
      2.   Customer Notification; Assembly Installation:
         a.   The city of Elko will notify the water user of the survey findings, listing the corrective actions to be taken if any are required. A period of up to ninety (90) days will be given to complete all corrective actions required, including installation and testing of approved backflow prevention assemblies or air gap, unless a written extension is granted.
         b.   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 period allowed. The second notice will give the water user up to thirty (30) days to take the required corrective action. If no action is taken within the thirty (30) day period, the city of Elko may terminate water service to the affected water user until the required corrective actions are taken.
      3.   Customer Notification; Testing And Maintenance:
         a.   The city of Elko will notify each affected water user when it is time for the backflow prevention assembly installed on their service connection to be tested or the air gap to be inspected. This written notice shall give the water user thirty (30) days to have the assembly tested or air gap inspected and supply the water user with the necessary form to be completed and resubmitted to the city of Elko.
         b.   A second notice shall be sent to each water user who does not have the backflow prevention assembly tested or air gap inspected as prescribed in the first notice within the thirty (30) day period allowed. The second notice will give the water user up to thirty (30) days to have the backflow prevention assembly tested or the air gap inspected. If no action is taken within the thirty (30) day period, the city of Elko may terminate water service to the affected water user until the subject assembly is tested or air gap inspected.
   F.   Water Service Termination:
      1.   General: When the city of Elko encounters water users that represent a clear and immediate hazard to the water supply that cannot be immediately abated, the city of Elko will institute the procedure for discontinuing the city of Elko water service.
      2.   Basis For Termination: Conditions or water uses that create a basis for water service termination include, but are not limited to, the following items:
         a.   Refusal to install a required backflow prevention assembly or air gap separation;
         b.   Refusal to test a backflow prevention assembly or inspect an air gap separation;
         c.   Refusal to repair a faulty backflow prevention assembly;
         d.   Refusal to replace a faulty backflow prevention assembly;
         e.   Direct or indirect connection between the public water system and a sewer line;
         f.   Unprotected direct or indirect connection between the public water system and a system or equipment providing the potential of contaminating the public water supply;
         g.   Unprotected direct or indirect connection between the public water system and an auxiliary water system;
         h.   A situation that presents an immediate health hazard to the public water system.
      3.   Water Service Termination Procedure:
         a.   For conditions in subsection F2a, F2b, F2c, or F2d of this section, the city of Elko will terminate service to the customer's premises after two (2) written notices have been sent by first class regular mail 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.
         b.   For high risk conditions in subsection F2e, F2f, F2g, or F2h of this section, the city of Elko will terminate the water supply and lock the service valve. The water service will remain inactive until the city of Elko has approved corrections of violations.
   G.   Enforcement, Penalties: The city of Elko shall have the authority to enforce this section.
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 of Elko water system 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 of Elko and/or the service of water pipes or fixtures of any customer of the city of Elko. (Ord. 688, 3-25-2008, eff. 5-1-2008)

9-1-17: TERMINATION FOR FRAUDULENT USE OF SERVICE:

When the water department 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 water department will not restore service to such customer until that customer has complied with the water code and rules and reasonable requirements of the water department and the water department has been reimbursed for the full amount of the service rendered and the actual cost to the water department incurred by reason of the fraudulent use. (Ord. 323, 2-19-1982)

9-1-19: RESTORATION OF SERVICE:

(Rep. by Ord. 536, 12-28-1999)

9-1-21: REFUSAL TO SERVE:

   A.   Conditions For Refusal: The water department may refuse to serve an applicant for service under the following conditions:
      1.   If the applicant fails to comply with any of the provisions of this chapter.
      2.   If the intended use of the service is of such nature that it will be detrimental or injurious to existing customers.
      3.   If, in the judgment of the director, the applicant's installation for utilizing the service is unsafe or hazardous, or subject to freezing, or of such nature that satisfactory service cannot be rendered.
      4.   Where service has been discontinued for fraudulent use, the director will not serve an applicant until it has been determined that all conditions of fraudulent use or practice have been corrected.
   B.   Notification To Customers: When an applicant is refused service under the provisions of this chapter, the water department will notify the applicant that he may appeal the decision of the water department to the city council. (Ord. 323, 2-19-1982)

9-1-23: CONTINUITY OF SERVICE:

   A.   Emergency Interruptions:
      1.   The water department will make all reasonable efforts to prevent interruptions to service and when such interruptions occur will endeavor to reestablish service with the shortest possible delay consistent with the safety of its customers and the general public.
      2.   Where any emergency interruption of service affects the service to any public fire protection device, the water department will promptly endeavor to notify the fire department headquarters of such interruption and of subsequent restoration of normal service.
   B.   Scheduled Interruptions: Whenever the water department finds it necessary to schedule an interruption to its service, it will, where feasible, notify all customers to be affected by the interruptions, stating the approximate time and anticipated duration of the interruption. Scheduled interruptions will be made at such hours as will provide least inconvenience to the customers consistent with reasonable water department operations.
   C.   Apportionment Of Supply During Times Of Shortage: During times of threatened or actual water shortage, the director will apportion the supply in the manner that appears most suitable under circumstances then prevailing, and with due regard to public health and safety. (Ord. 323, 2-19-1982)

9-1-25: SERVICE AND CHARGES TO ALL WATER USERS OUTSIDE CITY LIMITS:

   A.   The city council shall have authority to make and enter into such contract as may be necessary, convenient or proper with respect to water service to improved property outside the territorial limits of the city and with respect to the payment of proper charges for such service, including, without limiting the generality of the foregoing, connection charges, and justly relating to, but in no case less than the rates established for users within the city; provided that no such contract shall impair the ability of the water department to properly service its customers within the city.
   B.   All water charges (connection charges and user charges), except tap fees, to applicants and customers of any class outside the city limits shall be one hundred fifty percent (150%) of the amount normally charged for services within the city limits for such classification. (Ord. 323, 2-19-1982)

9-1-27: WATER CONNECTION CHARGES:

   A.   Connection Fee: For each initial or new connection made to the water system, there shall be charged an initial payment in the form of a connection fee which shall be set by resolution of the city council in accordance with the following schedules:
      1.   Residential And Other Housing Units:
         a.   For each residential or other housing unit, multi-family dwelling, apartment house or trailer court, the charge shall be fifty (50) times the monthly bill until changed by resolution of the city council, determined by the water fixture unit rate in effect and the established water fixture unit count.
         b.   The connection charge shall apply to all parcels and lots which have not previously been served by the municipal water system and each lot of any new subdivision to be served by the municipal water system.
      2.   Commercial And Industrial Connections:
         a.   For all initial or new commercial and industrial water connections, the connection fee shall be fifty (50) times the monthly bill until changed by resolution of the city council determined by the water fixture unit rate in effect and the water fixture unit count determined by the building inspector.
         b.   Note: Water lines installed for fire protection only with normal service usage are exempt from the connection charge.
      3.   Modification And Expansion Of Facilities:
         a.   If any premises is modified or expanded, increasing the WFU count, the connection charge will be fifty (50) times the monthly bill until changed by resolution of the city council. The monthly bill shall be, for purposes of this subsection, determined by the water fixture unit rate in effect times the net increase in the water fixture unit count (net increase WFU x 50 x WFU rate).
         b.   In converting a residential building to commercial use or developing a commercial use on a lot with previous water service (in which the building has been demolished or removed), the applicant shall pay the connection charge based upon the net increase in fixture units. In the event there is no record of the fixture units in the original structure, the applicant will be credited sixty six (66) fixture units unless changed by resolution of the city council. In no case will a refund be granted for a new reduction in fixture units.
      4.   Determination Of Water Fixture Unit Count: The building inspector will conduct a fixture unit survey at the time a building permit is requested. This will be done off of construction drawings provided by the applicant. The final count will be based on a final inspection by the building inspector of any completed structure.
   B.   Payment: The water connection charge shall be payable on demand to the city at the time the building inspector issues a building permit.
   C.   Water Fixture Unit Count: Until further resolution of the city council, the water fixture unit count and resulting rates for water use and consumption for residences shall be based on the following water fixture units (WFU) per dwelling unit:
 
 
WFU
All single-family dwellings
66
All multiple-family dwellings (duplex, triplex and quadraplex)
66
Apartments
46
Trailers in trailer courts (RV parks not included)
66
 
   D.   Places Of Worship: Churches, synagogues and other facilities for religious worship shall be charged at the minimum commercial rate.
   E.   Other Water Users: All water users not specifically set forth in subsection C of this section shall be classified as commercial or industrial users and water fixture units will be determined on the basis of the "fixture unit value table" contained in section 9-1-51 of this chapter. (Ord. 694, 4-22-2008)

9-1-29: WATER RATES:

   A.   Residential: Rates for water use and consumption shall be set by resolution of the city council.
   B.   Classes Of Service Other Than Residential:
      1.   Rates Set By Resolution: Rates for water use and consumption for all other classes and types of uses shall be set by resolution of the city council.
      2.   Water Fixture Unit Count For Existing Accounts: The water fixture unit count for all existing accounts shall be determined by the citywide fixture unit survey conducted in November 1981.
      3.   New Water Fixture Counts: New water fixture counts shall be determined by the building inspector who will conduct a fixture unit survey at the time a building permit is requested from the construction drawings provided by the applicant or when a final building inspection is done by the building inspector of the completed structure.
      4.   Revision Of Water Fixture Unit Count: The director, or his designee, may revise any water fixture unit count based on a resurvey of any establishment or property at his sole discretion.
      5.   Resurvey Of Water Fixture Unit Count; Fee: The property owner may also request a resurvey of his water fixture unit count at any time upon payment of a fee of twenty five dollars ($25.00).
      6.   Meter Rates:
         a.   As an alternative to the water fixture unit method of billing, the city will bill based upon a metered quantity consumed. The user must submit a method of reporting meter readings satisfactory to the director to assure safeguards against tampering with the meter. Once the user selects to use a meter as a basis of his billing, he may revert to a WFU basis only on the anniversary date of his selection to use the meter as the basis for billing. The user shall purchase his water meter from the city and the user shall pay all costs incurred in installing such meter.
         b.   The meter rate shall be set by resolution of the city council.
      7.   Fire protection service line fee will be set by resolution of the city council.
   C.   Minimum Charge: The minimum charge for water service for any classification of water user shall be based on sixty six (66) WFUs times the rate per water fixture unit for such classification.
   D.   Public Facilities: Water fees shall be assessed for all public buildings unless specifically waived by the city council as part of a lease of public property.
   E.   Changes In Rates: All changes in user rates for water use and consumption shall first be proposed to the city council at a regularly scheduled meeting. The proposed change in rates shall not be acted upon until the following regularly scheduled or subsequent meeting. (Ord. 560, 1-23-2001; amd. Ord. 561, 2-27-2001; Ord. 846, 12-10-2019)

9-1-30: METER TESTS AND METER ERROR BILLING ADJUSTMENTS:

   A.   Meter Tests:
      1.   On Consumer Request:
         a.   A customer may request the city test the meter serving his/her premises.
         b.   The charge for the test shall be an amount to be specified by resolution of the city council. The customer will be required to deposit the full amount with the city prior to the test being performed.
         c.   The full deposit including shipping, testing, and labor will be returned to the customer if the meter is found to register more than two percent (2%) inaccurate.
         d.   The meter may be tested by an outside meter manufacturer or its agency, or by a reliable organization equipped for water meter testing.
         e.   A report showing the results of the test will be furnished to the customer.
   B.   Meter Error Billing Adjustments:
      1.   Fast Meters: When, upon testing, 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 the corrected meter readings for the period the meter was in use but not to exceed three (3) months.
      2.   Slow Meters: When, upon testing, a meter is found to be registering more than two percent (2%) slow, the city will bill the consumer for the amount of the undercharge based on the corrected meter readings for the period the meter was in service but not to exceed three (3) months.
      3.   Nonregistering Meters: The city may bill the consumer for water consumed while the meter was nonregistering for a period not to exceed three (3) months at an estimate of the consumption based upon the consumer's prior use during the same season of the previous year if conditions were unchanged, or at an estimate based upon a reasonable comparison with the use of other consumers during the same period, receiving the same class of service under similar conditions.
      4.   General: When the city determines that a meter is malfunctioning or it is found that an error in a meter is due to a certain cause, the date of which can be determined, the overcharge or undercharge will be computed back to, but not beyond, such date.
      5.   Estimation: When a meter has been removed for testing, if available, a replacement meter will be substituted to track usage. In the event a replacement meter is not available, the usage will be accounted for and estimated based on historical data of the customer's prior use or a reasonable comparison of other customers under similar conditions.
The customer is responsible for the purchase of the initial meter. The city will maintain and replace thereafter at the city's expense, except in cases of vandalism, fraud or damage caused by the customer. (Ord. 689, 3-11-2008)

9-1-31: METERS ON NEW SERVICES:

All new water services (excluding the replacement of an existing water service not on metered service) shall be made with the user purchasing from the city the water meter brand required by the city at the user's expense and also installing the appropriate meter box approved by the director. The city will install the water meter. The city may not charge the user any cost greater than the city cost of purchasing and installing the required water meter. (Ord. 641, 6-28-2005)

9-1-32: WATER USER FEES FOR CERTAIN COMMERCIAL CUSTOMERS:

   A.   Authorized: Any metered commercial business which maintains and beautifies the Nevada department of transportation (NDOT) right of way for State Route 225 (Mountain City Highway) will be charged for water use only as related to the maintenance and beautification of the right of way.
   B.   Metering: The metered commercial customer's water use for right of way irrigation shall be determined as follows:
      1.   Measuring the actual volume of water used through a secondary water meter; or
      2.   If circumstances allow, subtracting the winter water usage (when the right of way is not being irrigated) from the summer water usage (when the right of way is being irrigated), as recorded on the master water meter. Any such customer shall inform the water department of the dates when the right of way irrigation began and when it stopped. (Ord. 656, 10-25-2005)

9-1-33: TEMPORARY SERVICE:

   A.   Duration Of Service: Temporary service connections shall be disconnected and terminated within six (6) months after installation unless an extension of time is granted in writing by the director.
   B.   Deposit: The applicant shall deposit, in advance, the estimated cost of installing and removing the facilities required to furnish said service, exclusive of the cost of salvageable material. Upon discontinuance of service, the actual cost shall be determined and an adjustment made as an additional charge, refund or credit. If service is supplied through a fire hydrant, the applicant will be charged in accordance with the following rate schedule:
 
Flat charge per connection, for both installation and removal of service facilities, including meter
$75.00
Each additional move of facilities to another location
25.00
 
   C.   Installation And Operation: All facilities for temporary service to the customer connection shall be made by the water department and shall be operated in accordance with its instructions.
   D.   Responsibility For Meters And Installations: The customer shall use all possible care to prevent damage to the meter or to any other loaned facilities of the water department which are involved in furnishing temporary service from the time they are installed until they are removed, or until forty eight (48) hours' notice in writing has been given to the water department that the contractor or other person is through with the meter or meters and the installation. If the meter or other facilities are damaged, the cost of making repairs shall be paid by the customer.
   E.   Supply From Fire Hydrant: An applicant for temporary use of water from a fire hydrant must secure a permit therefor from the water department and pay the regular fee charged for the temporary service connection and provide himself with a hydrant wrench necessary to operate such hydrant, or pay the water department fifteen dollars ($15.00) for the loan of such equipment, and pay for the water use in accordance with the meter readings at the rates prescribed by the city council. The water department will notify the fire department of any such connections and/or use.
   F.   Unauthorized Use Of Hydrants: Tampering with any fire hydrant for the unauthorized use of water therefrom, or for any other purpose, is a city offense, punishable by fine and/or incarceration.
   G.   Rates: The rates for temporary service shall be one dollar fifty cents ($1.50) per one thousand (1,000) gallons. The minimum charge for water shall be fifteen dollars ($15.00) per month. Water charges shall be billed monthly.
   H.   Credit: The applicant shall pay the estimated cost of service in advance or shall be otherwise required to establish credit. (Ord. 323, 2-19-1982)

9-1-35: EXTENSION OF WATER MAIN FACILITIES:

Water main facilities may be extended by subdivider, developer, property owner or other persons in accordance with plans and specifications submitted to and approved by the city engineer.
   A.   Construction And Extension: The inside diameter of every water main shall not be less than ten inches (10"), except as may be determined by the city engineer. The subdivider, developer, property owner or other persons shall construct all water mains in accordance with the plans and specifications as submitted and approved by the city engineer and pay any and all costs for the minimum size water main required for this development as determined by the city engineer. Every water main extension must be extended across the full frontage of the developer's or property owner's property and not only to the closest corner of their property.
   B.   Connection: Upon connection to the water system, the subdivider, developer, property owner or other persons shall dedicate all water mains located on property owned or controlled by the city to the city. Upon dedication and after the one year contractor warranty period has expired, the city will operate and maintain the water main located on said property.
   C.   Construction Of Larger Mains: Whenever, in the opinion of the city council or city engineer, it is necessary that a water main be constructed of a larger capacity than the minimum capacity set forth in subsection A of this section, then the city shall pay the difference in pipe material cost for the oversized water main. The subdivider, developer, property owner or other person shall be required to purchase materials, construct and install such oversized water main required.
   D.   Reimbursement: In a situation where water main facilities are required to be extended at least one hundred feet (100') from an existing main and the city council determines that the area through which the main will be extended is well suited for growth, the city council may determine to apply the following reimbursement process:
      1.   Water main facilities may be extended by a subdivider, developer, property owner or other person (the applicant).
      2.   The actual cost of extending the water main (cost of materials and labor only) shall be paid by the applicant.
      3.   The city may thereafter collect from any water user connecting directly to such extension an extension connection fee which is represented by that fraction of the actual cost of such extension, as approved by the city, as the number of front feet or acreage, or combination of the two (2), which may be served by such extension when connected to the city water system.
      4.   Extension connection fees, together with regular fees collected pursuant to section 9-5-29 of this title from new water users above the extension, shall be paid by the city to the applicant originally installing such extension up to an amount equal to ninety percent (90%) of the cost of the extension.
         a.   The use of connection fees for payment to the applicant shall be limited to not longer than seven (7) years after the date said extension is originally connected to the city water system.
         b.   The use of extension connection fees for payment to the applicant shall not be limited in time.
         c.   The city shall in no way be obligated to assure that the applicant making such extension is paid ninety percent (90%) of the total costs thereof nor to initiate any action or incur any expense to collect any sum to be paid to the applicant.
      5.   Where different applicants contribute to the making of the extension, such sums shall be refunded to such applicants prorated according to the amounts which they separately contributed toward the extension and pursuant to the preceding plan.
   E.   Special Reimbursement Agreements: Where special conditions exist in the opinion of the city which justify reimbursement to the person paying the costs of a main extension which justify reimbursement on any basis other than that provided in subsection D of this section, the city council may authorize a special reimbursement contract by the city and the person or persons constructing the main extension. Said special reimbursement agreement shall be made and entered into prior to acceptance of the work and water main by the city. (Ord. 494, 12-9-1997)

9-1-37: BILLING (PAYMENT AND LIEN RIGHTS):

All bills for water services shall be rendered monthly or bimonthly at the established rate in advance, or such bills may be rendered on a regularly established day of each and every period in which the service was rendered. Each bill shall show the amount of the water service charge. In the event the water bill, or any part thereof, is not paid in full within fifteen (15) days after the date when billed, it will be considered delinquent and subject the customer and property owner to termination of service, and allow the city to claim a lien on the property for the amount of the bill. In all cases, the property owner shall be ultimately responsible for the payment of the water bill. (Ord. 323, 2-19-1982)

9-1-39: PROCEDURE FOR TERMINATION OF SERVICES FOR NONPAYMENT:

   A.   Notice Of Delinquency: On the sixteenth day succeeding the mailing of any water bill, or in the event the sixteenth day falls on a holiday, Saturday or Sunday, then on the next succeeding working day, all charges to that date, whether or not billed, are deemed due and payable. Upon nonpayment of such water charges, the water billing shall be considered delinquent and the finance department shall mail notice to the legal owner or the applicant for service and shall either mail a copy of the notice to the occupant or post a copy of the notice on the premises of the occupant at the address receiving service, notifying the owner and occupant that the water service will be terminated on a specific date, which date shall not be less than ten (10) days after the date of mailing or posting such delinquency notice.
   B.   Request To Be Heard: The owner or applicant applying for service or occupant of the premises may request to present his position concerning termination of water services to the city council and the city council's action will be final.
   C.   Failure To Appear: Failure of the owner, customer or occupant to appear before the city council after having requested such right, as provided above, will cause the water service to be terminated.
   D.   Lien For Services: On the date of termination of water services, or any date thereafter, the finance department may cause to be filed with the county recorder a statement of the amount due and unpaid for water services and a description of the property to which the services were rendered to perfect a lien against the property.
   E.   Vacation Of Premises; Notice Required: Upon vacating the premises, all customers desiring to discontinue water service shall notify the water department not less than one business day prior to vacating the premises. Unless discontinuance of service is ordered, the customer shall be liable for charges whether or not the water is used.
   F.   Delinquency Penalty: When payment is not made prior to five o'clock (5:00) P.M. the working day immediately preceding the date the service is scheduled for termination, the finance department shall charge a one hundred dollar ($100.00) delinquent penalty.
   G.   Failure To Pay: If payment is made after five o'clock (5:00) P.M. the working day immediately preceding the date the service is scheduled for termination, and said payment does not include the one hundred dollar ($100.00) delinquent penalty, the water service shall be disconnected and the one hundred dollar ($100.00) delinquent penalty will remain due and payable.
   H.   Reconnections: The water department will endeavor to make reconnections for water shutoffs 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.
   I.   Reconnections Other Than Working Hours: When a customer has requested that the reconnection be made at other than regular working hours, the water department will reasonably endeavor to so make the reconnection if practicable under the circumstances, but will be under no obligation to do so. (Ord. 536, 12-28-1999)

9-1-41: APPEALS:

The city council shall review any decision made by the director, or his representatives or agents in interpreting, applying or enforcing the provisions of this chapter, upon receipt of an application or petition, in writing, requesting a review of such decision. In exercising its powers of review, the city council may, in conformity with the provisions of the law, reverse or affirm wholly or partly, or may modify the order, requirements, decision or determination of the director appealed from and make such order, requirement or determination as ought to be made. The city council may also initiate a review of the director's interpretation of the provisions of this chapter by a motion and by a vote of a majority of the quorum or a majority of the members present if such number exceeds a quorum. In all cases, the decision of the city council shall be final. (Ord. 323, 2-19-1982)

9-1-43: PENALTIES:

Any person, firm or corporation violating any of the provisions of this chapter shall, upon conviction thereof, be punished as provided in title 1, chapter 3 of this code. Each day's violation of the provisions of this chapter may be deemed a separate offense. (Ord. 323, 2-19-1982)

9-1-45: ANNUAL REVIEW OF FINANCIAL STATUS:

The city council will annually review the statement of expenditures and revenues of the department. The city council will use the information from the review and recommendations from the city clerk, auditors and the director to adjust schedules of rates, fees and charges for all service by the department. System revenues shall be sufficient at all times, after making reasonable allowances for contingencies and errors in estimates to pay the operation and maintenance expenses and produce net revenues to retire any outstanding indebtedness, and maintain any reserve accounts for system replacement and capital improvements. If recommended actions are not taken, the city council shall specifically address why recommended action was not taken. (Ord. 323, 2-19-1982)

9-1-47: GENERAL PROVISIONS:

   A.   Pools And Tanks: When an abnormally large quantity of water is desired for filling a swimming pool or other purposes, arrangements must be made with the water department prior to taking such water. Permission to take water in unusual quantities will be given only if it can be safely delivered through the water department facilities and if other consumers are not inconvenienced thereby.
   B.   Responsibility For Equipment: The customer shall, at his own risk and expense, furnish, install and keep in good and safe condition all equipment that may be required for receiving, controlling, applying and utilizing water, and the water department shall not be responsible for any loss or damage caused by the improper installation of such equipment, or the negligence or wrongful act of the customer or of any of this tenants, agents, employees, contractors, licensees or permittees in installing, maintaining, operating or interfering with such equipment. The water department shall not be responsible for damage to property caused by faucets, valves and other equipment that are open when water is turned on at the curb stop, either originally or when turned on after a temporary shutdown.
   C.   Water Connections: No residential customer shall be allowed more than one water service per residence. (Ord. 323, 2-19-1982)

9-1-49: RULES AND REGULATIONS:

The board shall have the power to adopt and may from time to time amend rules and regulations for the operation of the Elko municipal water system including, but not limited to, rules and regulations concerning the method of hooking up and the type of use of water, so long as such rules and regulations are not in conflict with federal or state statutes or this chapter. (Ord. 323, 2-19-1982)

9-1-51: FIXTURE UNIT VALUE TABLE:

Fixture unit surveys are conducted and fixture units established in accord with the following table:
Description Of Fixture
Fixture Value Per Unit
Description Of Fixture
Fixture Value Per Unit
Continuous flow per GPM
   200
Dishwashers:
   Conveyor
   Residential
   Under counter
 
   100
   8
   10
Disposals
   50
Drinking fountains
   2
Floor drains:
   Grease, oil, solids
   4
   6
Hose bibs
   2
Landscaping per 1,000 square feet
   12
Laundry:
   4
   Tub and faucets
   4
   Clothes washer:
Automatic 8 pound
12 – 19 pound
20 – 39 pound
40 – 50 pound
50+ per pound of machine weight
   16
   20
   22
   24
   1.5
Receptors for refrigerator, coffee urn, soft drinks, ice machines, etc.
   2
Showers, per head, and drain
   4
Sinks:
Bar
Flushing rim (clinic)
Industrial; wash up, etc.
Kitchen
Lavatory
 
   2
   12
   6
   4
   2
Swimming pool per 100 square feet
   5
Trailer parks:
   Dump station
   Recreational vehicle park, per pad
 
   25
   7
Urinals:
Pedestal-siphon
Stall
Trough/2 foot
Wall
 
   12
   4
   6
   4
Water closet:
Flush valve
Tank
 
   12
   8
Water for cooling per ton
   15
 
For fixture types not listed, fixture units shall be estimated by using similar use and performance description.
For nonresidential facilities which operate or are open to the public in excess of twelve (12) hours per day, a multiplier of 1.5 shall be applied to the fixture unit value per unit. (Ord. 323, 2-19-1982)

9-1-53: APPROVAL FEES FOR CERTAIN PROJECTS REQUIRING FIVE ACRE FEET OR MORE OF WATER PER YEAR:

   A.   Project Defined: As used in this section, "project" means any development, including new construction and expansion or modification of existing development, that requires the use of five (5) acre feet or more of water per year and requires the approval of an officer or agency of a local government.
   B.   Exception: This section does not apply to:
      1.   A publicly owned project;
      2.   A "subdivision", as defined in Nevada Revised Statutes section 278.230;
      3.   A parcel map filed pursuant to Nevada Revised Statutes section 278.461;
      4.   A division of land pursuant to Nevada Revised Statutes sections 278.471 through 278.4725, inclusive; or
      5.   A planned unit development pursuant to Nevada Revised Statutes chapter 278A.
   C.   Charges: Each owner or developer of an approved project must pay seventy five dollars ($75.00), together with a ten dollar ($10.00) administrative fee, plus fifty cents ($0.50) per acre foot of water, or fraction thereof, required by the project to the city upon approval of the project. The determination of the number of acre feet of water shall be determined by the projected water use table adopted by the city and on file in the city clerk's office.
   D.   Report And Information:
      1.   Each local governmental officer or agency that is required to approve a project shall file a report of each project the officer or agency approves, on a form provided by the administrator of the division of water planning of the state department of conservation and natural resources.
      2.   The owner or developer of an approved project must provide the city with the following information for the report:
         a.   The name and mailing address of the owner or developer of the project;
         b.   A legal description of the location of the project;
         c.   A description of the project, including a summary of the amount of water required annually for the project;
         d.   A statement concerning how the water will be supplied; and
         e.   If the water is self-supplied, the source of the water and identification of the water rights.
      3.   The local governmental officer or agency shall file all reports for the projects approved during a quarter of the calendar year on or before fifteen (15) days after the last day of the quarter.
      4.   The report is to be submitted to the administrator of the division of water planning of the state department of conservation and natural resources, together with the required fee. (Ord. 406, 11-27-1990)

9-1-54: VACANT UNITS IN APARTMENT COMPLEXES, COMMERCIAL COMPLEXES AND MOBILE HOME PARKS:

   A.   Exemption Requirements: Any owner (or the owner's authorized representative) of an apartment complex, commercial complex or mobile home park containing more than one rental unit or space (hereinafter "unit") served by a single water service connection may obtain an exemption from monthly water user fees for any vacant rental unit, provided the following requirements are met:
      1.   The entire apartment complex, commercial complex or mobile home park must utilize the fixture unit method for the determination of water fees for the entire month during which the exemption is sought;
      2.   The unit for which the exemption is sought must be vacant for thirty (30) continuous days during the month for which the exemption is sought;
      3.   The unit for which the exemption is sought must be offered to the public for rent and must constitute a separate "premises";
      4.   The owner (or the owner's authorized representative) of the apartment complex, commercial complex or mobile home park must request an exemption for the vacant unit on a form specified by the city, which form shall be entitled "verification of nonoccupancy";
      5.   The fully completed and executed verification of nonoccupancy form shall be received by the finance department no later than the twentieth day of the month during which the unit is vacant, and if the unit is rented after the twentieth day of the month, then the city must be notified;
      6.   Exemptions for months other than the month in which the verification of nonoccupancy form is received by the finance department shall not be granted;
      7.   The customer may submit the verification of nonoccupancy form by fax, in person, by mail, or by depositing the form in the city drop box; and
      8.   The verification of nonoccupancy form must be signed under oath and dated by the owner (or the owner's authorized representative) of the apartment complex, commercial complex or mobile home park.
   B.   Amount: The exemption shall be in an amount corresponding to the fixture unit count applicable to the vacant unit.
   C.   Not Granted For Individual Fixtures: Exemptions shall not be granted for individual fixtures within premises, regardless of whether the fixture has been in use during any given month.
   D.   Resurveys: Nothing contained in this section shall preclude the owner of a premises from requesting the city to perform a resurvey of fixtures on the premises for the purpose of making adjustments to the fixture count.
   E.   Definitions: The following definitions shall apply to this section:
   APARTMENT COMPLEX: A building or tract of land containing two (2) or more family dwelling units, at least one of which is offered for rent to the public, all of which are owned by a common person or group of persons.
   COMMERCIAL COMPLEX: A building or tract of land containing two (2) or more commercial units, at least one of which is offered for rent to the public, all of which are owned by a common person or group of persons.
   MOBILE HOME PARK AND RECREATIONAL VEHICLE PARK: Shall have the meanings ascribed to those terms in section 3-5-3 of this code.
   F.   Transient Lodging Rental Business Not Applicable: Notwithstanding any other provisions contained in this chapter, the exemption from water fees described in this section shall not apply to vacant rooms, spaces or other accommodations in a "transient lodging rental business", as that term is defined title 4, chapter 6 of this code. (Ord. 629, 11-23-2004)

9-1-55: RIGHT OF WAY TOLL:

The Elko municipal water utility shall pay a right of way toll, to be charged to the water enterprise fund, to the city of Elko as follows:
   A.   Commencing August 1, 2010, equal to 2.5 percent of the gross receipts derived by it from each utility bill of a customer of the Elko municipal water utility during each calendar year; said payments shall be made on or before the fifteenth day of each month of the month immediately following collection of such revenues, and each payment shall equal 2.5 percent of the aforesaid gross revenues obtained by the Elko municipal water utility, its successor or assigns.
   B.   Upon its receipt of payments of the right of way toll collected and transmitted to the city of Elko pursuant to subsection A of this section, the city of Elko shall allocate one hundred percent (100%) of the proceeds to the city's general fund. (Ord. 714, 7-27-2010, eff. 8-1-2010)

9-2-1: SHORT TITLE:

This chapter shall be known and may be cited as the CITY OF ELKO MUNICIPAL SOLID WASTE AND RECYCLABLE MATERIAL CODE. (Ord. 479, 12-10-1996)

9-2-2: DEFINITIONS:

For the purposes of this Chapter and any franchise collection agreement, the following words and phrases shall, when used in this Chapter, have the meaning respectively ascribed to them by this section:
   BULKY ITEMS: Furniture, household or industrial appliances, shipping crates and containers, and other large bulky or heavy objects not normally discarded on a regular basis at residential, commercial or industrial premises.
   CITY: The City of Elko, Nevada, a municipal corporation, and all of the territory lying within the municipal boundaries of the City as presently existing or as such boundaries may be modified during the term.
   CODE ENFORCEMENT OFFICER: A City official specifically charged with the enforcement of the City Code pursuant to NRS 171.17751 and Title 1, Chapter 15 of the City Code, as amended.
   COLLECTION: Collection of municipal solid waste (MSW) and its transportation to a disposal site.
   COMMERCIAL PREMISES: Any premises occupied by stores, offices and other commercial facilities providing goods or services.
   CONSTRUCTION AND DEMOLITION WASTE: Includes waste building materials, packaging and rubble resulting from construction, remodeling, repair and demolition operations on pavement, houses, commercial buildings and other structures.
   DISPOSAL FEE: The amount paid to a municipal solid waste management business for the collection, transportation and disposal of municipal solid waste.
   DISPOSAL SITE: The Elko Municipal Landfill and any other site selected by the City Council for the disposal (to include recycling) of municipal solid waste.
   ENFORCEMENT OFFICIAL: The Code Enforcement Officer and, if so designated by subsequent ordinance or resolution of the City Council, the following persons, each of whom has the authority to prepare, sign and serve Citations and take other enforcement actions pursuant to NRS 171.17751 and this Chapter:
      A.   The Fire Chief or any Fire Department employees designated by the Fire Chief;
      B.   The Building Official;
      C.   Any solid waste management inspector;
      D.   Any housing inspector;
      E.   Any licensing inspector;
      F.   Any zoning enforcement officer;
      G.   Any parking enforcement officer; and
      H.   Any animal control officer.
   ENVIRONMENTAL LAWS: All federal and state statutes and county and City ordinances concerning public health, safety and the environment including, by way of example and not limitation, the Comprehensive Environmental Response Compensation and Liability Act of 1980, 42 United States Code Sections 9601 et seq.; the Resource Conservation and Recovery Act, 42 United States Code Sections 6901 et seq.; the federal Clean Water Act, 33 United States Code Sections 1351 et seq.; the Occupational Safety and Health Act, 29 United States Code Sections 651 et seq.; as currently in force or as hereafter amended, and all rules and regulations promulgated thereunder.
   FRANCHISE AGREEMENT: A contract between the City and a municipal solid waste management business entered in accordance with NRS 268.081(3), permitting the displacement or limitation of competition for the collection and disposal of garbage and other waste.
   FRANCHISEE: A municipal waste management business under contract with the City pursuant to this Chapter and NRS 268.081(c) for the storage, collection, transportation, hauling, processing, recycling and/or disposal of municipal solid waste.
   GARBAGE: All kitchen and table food waste, and animal or vegetable waste that attends or results from the storage, preparation, cooking or handling of foodstuffs.
   HAZARDOUS SUBSTANCE: Any substance defined as a "hazardous substance" under NRS 40.504.
   INDUSTRIAL PREMISES: Premises occupied by manufacturing operations and other industrial facilities.
   INSTITUTIONAL PREMISES: Premises occupied by educational, healthcare, correctional, research and other similar facilities.
   LANDFILL FEE: The amount paid to dispose of municipal solid waste at the Elko Municipal Landfill.
   MUNICIPAL SOLID WASTE (MSW): Any garbage, refuse or rubbish, construction and demolition waste, discarded home and industrial appliances, junk vehicles, waste tires, ashes, incinerator residue, street refuse, dead animals, manure, vegetable or animal solid or semi-solid wastes, and other discarded material, including solid, liquid, semi-solid or contained gaseous material resulting form institutional, industrial, commercial, mining, agriculture operations and from any residential or community activities. The term "municipal solid waste" shall not include: (1) hazardous or excluded waste; (2) low-level radioactive waste; (3) untreated medical waste which is regulated pursuant to Nevada Administrative Code Chapter 444; (4) recyclable materials which have been segregated from other waste material by the waste generator; (5) solid or dissolved materials from domestic sewage; (6) solid or dissolved materials from irrigation flows; (7) industrial discharges that are point sources subject to permit under 33 U.S.C. § 1342; or (8) source, special nuclear, or by-product material as defined by the Atomic Energy Act of 1954, as amended (42 U.S.C. §§ 2011-2021, 2022-2286i, 2296a-2297h-13).
   MUNICIPAL SOLID WASTE MANAGEMENT BUSINESS: Any person who engages in the storage, collection, transportation, hauling, processing, recycling and/or disposal of municipal solid waste on behalf of another person.
   OCCUPANT: A tenant or lessee of real property.
   OCCUPIED OR OCCUPANT: A tenancy or lease of real property.
   OFFICER: Includes any elected or appointed member of the City of Elko government.
   OWNER: The person holding legal title to real property.
   PERSON: An individual, limited liability company, association, partnership, political subdivision, government agency, municipality, industry, public or private corporation, or any other entity whatsoever.
   PREMISES: Any land or building in the City where MSW is generated or accumulated.
   PUTRESCIBLE WASTES: Organic material subject to rapid decomposition that can lead to odors, gases and other nuisances.
   RECYCLABLE MATERIALS: Materials which are capable of being recycled and which may be segregated from other waste material for collection and recycling, rather than collection and disposal.
   RECYCLE/RECYCLING: The process of collecting, sorting, cleaning, treating and reconstituting materials that would otherwise become MSW and returning these materials to the economic mainstream in the form of raw materials for new, reused or reconstituted products which meet the quality standards to be used in the marketplace.
   REFUSE: Any (a) garbage; (b) sludge from a: (1) plant that treats wastewater; (2) plant that treats the water supply; or (3) facility for controlling air pollution; or (c) other discarded material, including solid, semi-solid, liquid or contained gaseous material, resulting from industrial or commercial operations or community activities. The term "refuse" does not include: (a) any discarded material, including solid, semi-solid, liquid or contained gaseous material, resulting from mining or agricultural activities which is excluded from a plan for a system for the management of solid waste pursuant to NRS 444.620; (b) solid or dissolved materials in domestic sewage; or (c) industrial discharges that are point sources subject to NRS 445A.465.
   RESIDENTIAL PREMISES: Single-family homes, townhouses, multi-unit buildings such as apartments and condominiums, and mobile home parks.
   RESPONDENT: A person or persons determined by the City to be in violation of this Chapter, to include a person to whom a Notice of Violation or Citation is issued.
   RUBBISH: Nonputrescible solid wastes such as ashes, paper, cardboard, tin cans, yard clippings, wood, glass, bedding, crockery, plastics, and rubber byproducts.
   SEGREGATED FROM OTHER WASTE MATERIAL:
      A. The placement of recyclable materials in separate containers by the waste generator, or other person;
      B. The binding of recyclable materials separately from other waste material by the waste generator, or other person;
      C. The physical separation of recyclable materials from other waste material by the waste generator, or other person.
   TON: A short ton of two thousand (2,000) pounds avoirdupois.
   WASTE GENERATOR: The owner or occupant of premises which initially produce MSW. (Ord. 479, 12-10-1996; amd. Ord. 900, 6-24-2025)

9-2-3: DEPOSIT UPON PUBLIC PLACE:

It is unlawful for any person to deposit upon the streets, alleys, public grounds or upon any vacant lot of the City, any MSW of any nature, except at such times and places and under such regulations as the City Council may from time-to-time permit or adopt. (Ord. 479, 12-10-1996; amd. Ord. 900, 6-24-2025)

9-2-4: COLLECTION AND DISPOSAL:

Except as may be otherwise provided, the collection and removal of any and all MSW herein provided shall be performed by the City and/or one or more MSW management businesses approved by the City Council and subject to a franchise agreement with the City.
   A.   By City:
      1.   The City Council may carry out the provisions of this Chapter;
      2.   May haul all or part of the MSW; and
      3.   May purchase such equipment as may be required to carry out the provisions of this Chapter; and
      4.   May charge and collect fees for services provided pursuant to this Chapter.
   B.   By Contractor:
      1.   Franchise Agreement: The City Council may, if deemed in the best interests of the City, enter into a franchise agreement with one or more municipal waste management businesses for the storage, collection, transportation, hauling, processing, recycling and/or disposal of MSW within the City, as well as the assessment and collection of service charges. When awarding such an agreement under this Chapter, the City Council shall include provisions necessary to safeguard the City and its residents. These provisions must specifically ensure that the City bears no responsibility for the actions of the municipal waste management business or any damages arising from the collection, transportation, or disposal of MSW.
      2.   Written Agreement Required: A franchise granted under this section shall not take effect until a formal written agreement is executed between the franchisee and the City. This agreement must incorporate all requirements outlined herein. The franchisee shall be responsible for the following obligations:
         a.   Ensuring Service Availability: MSW collection services must be provided at regularly scheduled times to business locations, public spaces, and any other areas designated by the City. MSW must be promptly removed in compliance with the franchise terms.
         b.   Scheduled Collection: The franchisee must collect MSW from all designated business locations, public spaces, and other specified sites within the City at least once per week.
         c.   Maintaining Cleanliness During Collection: When collecting MSW, the franchisee must ensure all collected waste is properly deposited into collection trucks, leaving no trace, such as scattered debris, on streets, alleys, public spaces, or private properties used for waste collection.
         d.   Providing Secure, Adequate Equipment: Collection equipment must be designed and constructed to be safe, clean, and fully enclosed to prevent waste from spilling, blowing away, or being scattered in any manner within the City's streets, alleys, or public spaces.
         e.   Keeping Equipment In Proper Condition: All collection equipment must be modern, watertight, and well-maintained, and exterior surfaces must remain clean.
      3.   Guarantee Against Liability: The franchisee shall take all reasonable and appropriate precautions to prevent injury or damage to persons or property while performing duties under the franchise. The franchisee shall further covenant, contract, and agree to indemnify and hold harmless the City and all franchise customers from whom MSW is removed against any claims, damages, costs, fees, or liabilities arising from injury or damage caused by the franchisee, its agents, or employees during the collection, hauling, or disposal of garbage, rubbish, and waste materials under the franchise agreement. Additionally, the franchise agreement shall provide that if the City is sued by any party seeking damages for injury or property loss resulting from actions taken during the execution of the franchise, the franchisee, along with its heirs, successors, and assigns, shall provide full legal defense and cover any judgments rendered against the City in such cases. Furthermore, the franchisee must maintain liability insurance coverage of at least five hundred thousand dollars ($5,000,000.00) for bodily injury and five hundred thousand dollars ($5,000,000.00) for property damage.
         a.   Worker's Compensation: The franchisee shall, at it's own cost, obtain and maintain for the full term of the franchise agreement, a Worker's Compensation policy.
         b.   Bond Provided: The franchisee shall provide a performance bond or time certificate in an amount determined by the City Council to ensure faithful performance of the requirements of the franchise, the form of bond or time certificates subject to approval by the City attorney.
         c.   Performance Requirement: The franchise agreement shall provide that in the event the franchisee fails to perform any condition of the franchise, fails to abide by all of the laws, rules and regulations pertaining to the franchise or become bankrupt or insolvent, the City shall have the right to terminate the franchise agreement so awarded if the franchisee fails to correct the deficiency within thirty (30) days after receipt of written notice of such deficiency from the City Council.
         d.   Transfer Limitation: The franchise agreement shall provide that no assignment or transfer of the franchise shall be made without written consent of the City Council.
         e.   Responsibility Requirement: The franchise agreement shall provide that the franchisee is responsible to the City Council or other officials designated by the City Council for compliance with the franchise agreement.
         f.   Scope of Franchise: The franchise agreement shall define the scope of franchise to exclude any categories of MSW excluded under this Chapter.
      4.   Proposal; Award of Franchise Agreement:
         a.   Before soliciting franchisee proposals, the City Council shall issue a notice that includes the solicitation for proposals and access to all necessary information through an online portal or otherwise. Any person submitting a proposal must include all required statements and specifications outlined by the City Council, including descriptions, plans, and details of all equipment used or intended for use, as well as the proposed fees for regular services and additional or special refuse hauling. In awarding one or more franchise agreements under this provision, the City Council shall evaluate the type of equipment utilized, the qualifications and reliability of the applicant, the proposed rates and charges, and any other pertinent factors, including the financial offer made to the City for the franchise award.
         b.   The City Council reserves the right to waive formalities in the franchise agreement award process. It may grant one or more franchise agreements or other contracts with specific designations, distinctions, or restrictions regarding districts, areas, types of hauling, pricing, or other factors, as deemed appropriate. These franchise agreements and other contracts may be granted exclusively to a single municipal waste management business or may be exclusive within certain districts, hauling categories, or other defined parameters. (Ord. 479, 12-10-1996; amd. Ord. 900, 6-24-2025)

9-2-5: RECEPTACLES:

   A.   Receptacles Required:
      1.   No owner or occupant of any public or private premises shall permit to accumulate upon his premises any MSW except in receptacles that comply with this section. These receptacles shall be of adequate capacity and be provided in sufficient number to hold all MSW that accumulates between collections. Individual family residences shall not use more than three (3) receptacles with a capacity of not more than ninety five (95) gallons each.
      2.   It shall be unlawful for any person to dump or deposit, or cause to be dumped or deposited, any MSW in any receptacle not owned or maintained by him or by an approved franchisee; provided, in no event shall a person deposit MSW in a receptacle provided by a franchisee to another person without authorization from the person using the receptacle.
      3.   The lids or covers of refuse containers or receptacles shall be kept securely in place at all times, except when the refuse is being deposited or removed for collection, so that flies and other insects may not have access to the contents thereof.
   B.   Placing For Collection:
      1.   All receptacles, containers, bins or enclosures used by commercial or industrial establishments and residential users shall be placed in areas designated by the City or by an approved franchisee.
      2.   Receptacles may be placed in the City right of way only when collected by the City or by an approved franchisee.
      3.   No receptacles, containers, bins or enclosures shall be placed beneath a fire escape or so as to restrict egress from an exit door. None shall be placed under a street floor window unless the window is of fire-resistant construction. All containers, receptacles, bins or enclosures shall be required to meet the construction and placement specifications provided in this Chapter, except that the sanitation department may temporarily waive these requirements in extreme hardship cases.
   C.   Special Handling of MSW:
      1.   All large types of MSW such as boxes, cartons and crates must be broken down and fit within the receptacle allowing the lids or covers to be kept securely in place.
      2.   Tree trimmings, branches and limbs shall be cut and fit within the receptacle allowing the lids or covers to be kept securely in place.
      3.   Ashes shall be soaked with water prior to placing in a receptacle for collection.
      4.   Placement of any material that is not MSW within receptacles for collection by the City or by an approved franchise collector, including, without limitation, the following types of material is prohibited: septic tank or cesspool pumping, hazardous waste, toxic chemicals, insecticides, radioactive material, explosives and flammable material.
      5.   Body wastes and debris shall not be placed with MSW for collection, but shall be disposed of directly by the owner or occupant the premises wherein such matter is accumulated; however, animal offal of domestic pets may be placed with MSW provided it is securely wrapped.
      6.   It shall be the responsibility of the owner, occupant or contractor to dispose of or cause to be disposed of all construction rubbish or debris accumulated as a result of construction operations.
      7.   Every contractor or builder engaged in the erection or repair of a building shall provide a receptacle for the deposit of MSW. The contractor or builder shall keep surroundings free of debris and trash at all times.
      8.   Any person, firm or corporation who shall place any MSW upon any private or public property not owned or under the control of said person, firm or corporation, shall be guilty of a misdemeanor and, in addition to any fine which may be imposed for violation of any provision of this code, shall be liable for all charges which may be assessed for the removal of said MSW. It is unlawful for any person not authorized by the City to remove any MSW from any existing or any previously operational landfill of the City. (Ord. 479, 12-10-1996; amd. Ord. 900, 6-24-2025)

9-2-6: SCAVENGERS:

It is unlawful for any person not authorized by the owner of an MSW receptacle to remove any MSW from a receptacle or scatter the same upon a public alley, street or public place. It is unlawful for any person not authorized by the City to remove any MSW from any City landfill or to scatter the same upon a public alley, street, public place or the area of the landfill. (Ord. 479, 12-10-1996; amd. Ord. 900, 6-24-2025)

9-2-7: VEHICLES TRANSPORTING SOLID WASTE:

It is unlawful for any person, to include a franchisee to haul or cause to be hauled on or along any public street or alley any MSW unless it shall be contained in vehicles or receptacles constructed to prevent the contents from falling, leaking, or spilling or any noxious odor escaping therefrom, and to prevent any flies, insects or rodents from having access to the contents. Every person, to include a franchisee or other MSW management business hauling any MSW along any street or alley shall replace immediately in the conveyance used for such hauling any of the contents which may fall therefrom in or upon any street, alley or public or private premises. (Ord. 479, 12-10-1996; amd. Ord. 900, 6-24-2025)

9-2-8: FLY BREEDING CONDITIONS:

   A.   Premises To Be Kept Free of Fly Breeding Substances: It shall be the responsibility of every owner or occupant, of any premises within the City to keep the premises at all times clean and inoffensive and free from any accumulation of MSW including garbage, refuse, ashes, rubbish, putrescible wastes, vegetable waste, animal offal, carcasses of dead animals and any other conditions wherein houseflies or other flies will breed.
   B.   Fly Breeding Conditions Declared Nuisance; Abatement; Penalty: Any condition wherein flies breed is hereby declared to be a public nuisance. Any person who, upon written notification of the sanitation department, its authorized agent or the City Clerk, fails purposely to abate such nuisance shall be guilty of a misdemeanor. If found guilty by the municipal court, the nuisance shall be abated and removed by the City at the expense of such person. (Ord. 479, 12-10-1996; amd. Ord. 900, 6-24-2025)

9-2-9: RIGHT OF ENTRY:

The Enforcement Official may enter any building, structure or other property during regular City business hours and at other reasonable times for the purposes of investigating compliance with this Chapter 2, subject to the following:
   A.   If the building, structure or other property to be inspected is occupied, the Enforcement Official shall present official City credentials, including photo identification, to the owner or other person having charge or control of the building, structure or other property, state the reason for the inspection and request entry.
   B.   If the building, structure or other property to be inspected is unoccupied, the Enforcement Official shall make a reasonable effort to locate the owner or other person having charge or control of the building, structure or other property and request entry.
   C.   Consent to enter buildings, structures or other property may be obtained by any means, including but not limited to written, facsimile, telephonic, email or in-person consent. In addition, a property owner's application for any permit or approval with respect to an activity in or on a building, structure or other property shall be deemed to be consent for the Enforcement Official or his or her designee to enter the building, structure or other property to perform any inspections, measurements, sampling, or other action required to review and process the application; provided, that if the Enforcement Official intends to enter a building or structure, the Enforcement Official shall first contact the owner or occupant and arrange a mutually convenient time for the entry. The owner's or occupant's failure to consent to entry or to arrange a mutually convenient time for entry shall be grounds for the City to deny the application for the permit or approval.
   D.   If, for any reason allowed under this Chapter, entry to a building, structure or other property is refused or if the Enforcement Official is unable to obtain such consent, the City shall have recourse to every remedy provided by law to secure entry, including but not limited to application to a court of competent jurisdiction for an administrative search warrant or other remedy.
   E.   Nothing in this Code requires a City officer, official or employee to obtain the property owner's consent: 1) to an inspection that is conducted while the officer, official or employee remains on adjacent public property, such as a public right-of-way, or on other adjacent property, or 2) to enter property in which the City has a written easement, license or other property right for purposes authorized in the applicable instrument. (Ord. 479, 12-10-1996; amd. Ord. 900, 6-24-2025)

9-2-10: CONFLICT WITH OTHER CODES OR ORDINANCES:

Whenever the provisions of this Chapter shall conflict with any other provisions of this code or other ordinance, the provisions of this Chapter shall prevail. (Ord. 479, 12-10-1996; amd. Ord. 900, 6-24-2025)

9-2-11: ENFORCEMENT:

When an owner or occupant of land being served under the provisions of this Chapter has had charges or penalties assessed against them, and payment has not been received, the City Clerk may assign the account to a bona fide collection agency or institute legal action for the recovery of the amount due. (Ord. 479, 12-10-1996; amd. Ord. 900, 6-24-2025)

9-2-12: COLLECTION AND HAULING OF MUNICIPAL SOLID WASTE:

   A.   Hours: The time of collection and hauling of MSW shall be between the hours of six o'clock (6:00) A.M. and six o'clock (6:00) P.M.
   B.   Exceptions to Exclusive Franchise Requirements: The following constitute exceptions to the requirement that persons utilize the franchisee for the collection, transportation and disposal of MSW in the City:
      1.   Landscaping Businesses: A person properly licensed to perform landscaping or gardening services may collect, transport and dispose of lawn clippings, branches, leaves and similar material generating by gardening or landscaping services performed by that person as an incidental part of such service and not as a hauling business, so long as the person utilizes equipment owned or operated in connection with that person's landscaping or gardening business.
      2.   Owners And Occupants:
         a.   An owner of a building, structure or other real property may collect, transport and dispose of MSW generated at that building, structure or other real property by the owner or by persons who share the building, structure or other real property with the owner, to include MSW generated by family members residing with the owner of the building, structure or other real property, but not including MSW generated by the owner's lessees, tenants or licensees, or by other owners of the building, structure or other real property who do not reside with the owner.
         b.   An occupant of a building, structure or other real property may collect, transport and dispose of MSW generated at that building, structure or other real property by the occupant or by persons who share the building, structure or other real property with the occupant, to include MSW generated by family members residing with the occupant of the building, structure or other real property, but not including MSW generated by the owner, if different than the occupant, or by the occupant's sublessees, subtenants or licensees, or by other lessees, tenants or licensees of the building, structure or other real property who do not reside with the occupant.
         c.   In no event shall an owner or occupant of a building, structure or other real property collect, transport or dispose of MSW generated at the building, structure or other real property pursuant to the exceptions set forth in this subsection through the use of a third person or separate legal entity, such as a contractor, or a partnership, limited-liability company or corporation in which the owner or occupant owns an interest.
         d.   It is the intent of this subsection to grant a limited exception from the requirement that persons utilize the franchisee for the collection, transportation and disposal of MSW in the City in order to allow persons to collect, transport and dispose of their own MSW if generated in that person's own residence or place of business. This exception shall not be interpreted to permit a contractor, lessee, tenant, licensee or other person to collect, transport or dispose of MSW generated by a third person.
      3.   City: The City may collect, transport and dispose of MSW located on any City property, to include rights-of-way.
      4.   Natural Disasters: The City Manager may authorize any person to collect, transport and dispose of MSW resulting from a natural disaster declared by the City Council.
      5.   Other Materials: Any person may collect, transport and dispose of materials not included in the definition of "MSW;" provided, nothing herein shall be interpreted to amend any obligations otherwise applicable under federal, state and local law, or the rules of the Elko Municipal Landfill.
      6.   Governmental Entities: Any governmental entity may collect, transport and dispose of MSW through its own forces and as otherwise preempted by federal or state law. (Ord. 479, 12-10-1996; amd. Ord. 900, 6-24-2025; Ord. 904, 9-23-2025)

9-2-13: RATES TO BE CHARGED:

   A.   Charges Authorized: A charge shall be made and collected by the franchisee from all occupied premises in the City for services rendered under the provisions of this Chapter.
   B.   Amount; Disputes: From the collection, removal and disposal of MSW there shall be a flat monthly charge to be based upon the size of the service container and for extra services. This charge shall be specifically indicated in the franchise agreement and shall not be changed except by consent of the City Council in accordance with the franchise agreement. In case of dispute over service or charge for service, the City Manager shall investigate and decide the proper service and charge for service. (Ord. 479, 12-10-1996; amd. Ord. 900, 6-24-2025)

9-2-14: FAILURE TO REMOVE:

   A.   Order To Remove; Nuisance; Lien: If at any time accumulation of MSW, refuse or other waste material is not hauled or removed, or MSW or garbage becomes offensive and is not removed by the owner or person responsible for the same, an order for such removal may forthwith be made by the City Council. If not removed within the time required by such order, the City shall declare the same a nuisance, have such material removed in whatever manner may be reasonable and shall collect the reasonable charges and costs of such removal from the person or entity violating this provision and/or the property involved. The City may file a lien upon the property. Such lien shall be perfected by filing with the county recorder a statement by the City Clerk of the amount of the expenses and charges due and unpaid and describing the property subject to the lien. Such lien shall be coequal with the latest lien thereon to secure the payment of general taxes. The lien shall not be subject to extinguishment by the sale of any of the property on account of the nonpayment of general taxes. Such lien shall be prior and superior to all claims, encumbrances and titles other than the liens of assessment and general taxes.
   B.   Ashes And Clinkers: No hot ashes or clinkers shall be kept in any building or basement, but must be moved outside and placed in a metal container and kept ten inches (10") away from any building or wooden fence and shall not be placed directly under any roof or protruding part of a building.
   C.   Notices: Notices to owners under this section and under any other provision of this Chapter may be given personally by the Enforcement Official or by registered mail, addressed to the owner at his last known address or address appearing on the tax rolls or otherwise general delivery, Elko, Nevada.
   D.   Responsibility Of Owner: Anything in this Chapter to the contrary notwithstanding, the Owner shall be responsible for removal of MSW from his premises and for otherwise complying with the terms of this Chapter whether such Owner is in possession personally or through a tenant or otherwise, and the Owner shall in each instance be responsible for all costs and charges for removal of refuse whether the same accrued during occupancy of the premises by the Owner or by an occupant or while vacant or otherwise. Nothing contained in this section shall be construed as relieving from any civil or criminal liability the person actually responsible for any violation of this Chapter. (Ord. 479, 12-10-1996; amd. Ord. 900, 6-24-2025)

9-2-15: STATUS OF DISPOSED MUNICIPAL SOLID WASTE:

All MSW at the City landfill, of any nature or description, for any length of time, no matter how short, is deemed abandoned and becomes the property of the City. (Ord. 479, 12-10-1996; amd. Ord. 900, 6-24-2025)

9-2-16: OPERATION OF CITY LANDFILL:

All dumping of any MSW, shall be in conformity to the following provisions:
   A.   Dumping shall be performed during, and access to the City landfill limited to, only those hours of operation adopted from time to time by the City Council and posted at the main entrance to the City landfill.
   B.   All dumping of any materials, of any nature or description, be it ashes, garbage, refuse or rubbish, and all access within the City landfill area shall be at the direction of the City landfill operator.
   C.   There shall be no burning at the City landfill, except under the direction of the City landfill operator.
   D.   There shall be no scavenging or salvaging about the City landfill nor removal of any material, of any nature or description. (Ord. 479, 12-10-1996; amd. Ord. 900, 6-24-2025)

9-2-17: CERTAIN ACTS UNLAWFUL:

It shall be unlawful for any person to collect or remove refuse in or from the City except as permitted under this Title 9, Chapter 2. (Ord. 479, 12-10-1996; amd. Ord. 900, 6-24-2025)

9-2-18A: VIOLATION AND PENALTY:

Any person violating any of the provisions of this chapter shall, upon conviction thereof, be punished as provided in title 1, chapter 3 of this code. Each day's violation of the provisions of this chapter may be deemed a separate offense. (Ord. 479, 12-10-1996)
   A.   Notice of Violation: In the event the City determines that a person has violated a prohibition or failed to meet a requirement of this Chapter 2, the Enforcement Official may issue a Notice of Violation to the Respondent; the Notice of Violation may impose a criminal penalty or civil liability in accordance with this Section 9-2-18A.
   B.   Contents of the Notice of Violation: The Notice of Violation shall contain the following information and statements:
      1.   The name of the Respondent;
      2.   The location where the violation occurred;
      3.   A description of the nature of the violation;
      4.   A citation to the applicable section(s) of this Chapter;
      5.   If applicable, the corrective, mitigating and/or remedial action(s) needed to abate the violation;
      6.   The date(s) when the Enforcement Official observed the violation;
      7.   A statement of the criminal penalty or civil liability being imposed upon the Respondent and the reasons therefor;
      8.   A statement that the failure of the Respondent to pay the criminal penalty or civil liability within thirty (30) calendar days may result in referral to the City Attorney for legal action;
      9.   The Enforcement Official's signature and contact information; and
      10.   A description of the Respondent's right to an administrative hearing and appeal rights or, alternatively, a citation to the provisions of this Chapter setting forth the Respondent's right to an administrative hearing and appeal rights.
      11.   Service: The Notice of Violation shall be served by certified mail, return receipt requested, addressed to the Respondent. In addition to service in accordance with the preceding sentence, a Notice of Violation may be personally served on the Respondent if it is reasonably practicable to do so.
      12.   Effective Upon Service: The Notice of Violation shall be effective upon personal service or upon receipt by certified mail, return receipt requested, whichever is earlier. Each person who serves a Notice of Violation, regardless of the method of service, shall prepare a sworn affidavit specifying the date, time, and method of service.
   C.   Citations: The Enforcement Official or her or his designee shall have the authority to prepare, sign and serve written Citations on persons accused of violating a provision of this Chapter. All citations so issued and served shall comply with the requirements of NRS 171.1773 and NRS 171.17751(5).
   D.   Issuance by Enforcement Official: The Enforcement Official may, in accordance with NRS 171.17751, prepare, sign and serve a Citation on a Respondent who violates the Code.
   E.   Form and Content: A Citation issued pursuant to this section shall be in the form of a complaint issued in the name of "The City of Elko," shall state whether the City seeks to impose a criminal penalty or civil liability for the violation, and shall contain the following:
      1.   A notice to appear in court;
      2.   The name and address of the Respondent;
      3.   The state registration number of the Respondent's vehicle, if any;
      4.   The offense charged, including a brief description of the offense and the corresponding Code citation;
      5.   The time when and place where the person is required to appear in court;
      6.   The amount of the civil penalty, if any;
      7.   The factors considered in determining the civil penalty, if applicable; and
      8.   Such other pertinent information as may be necessary.
   F.   Duties of Respondent:
      1.   A person who responds to a Citation must either:
         a.   Admit the commission of the infraction and pay the appropriate civil fine; or
         b.   Deny liability for the infraction.
      2.   A person may admit commission of the infraction by paying to the municipal court the civil fine shown on the Citation.
      3.   A person who denies liability for the infraction must appear in person before the municipal court.
      4.   The failure of a person to respond to a Citation within the time stated therein shall be deemed a denial of liability.
   G.   Civil Liability Instead Of Criminal Sanction: In the City's discretion, a Respondent may be subject to civil liability to the City in an amount not to exceed five hundred dollars ($500.00) instead of a criminal sanction for each violation of this Chapter, subject to the following schedule for each violation constituting the same offense:
      1.   For the first violation more than thirty (30) calendar days after the previous violation: not to exceed two hundred fifty dollars ($250.00);
      2.   For the second violation fifteen (15) or fewer calendar days after the previous violation, not to exceed three hundred fifty dollars ($350.00); and
      3.   For the third or greater violation fifteen (15) or fewer calendar days after the second violation, not to exceed five hundred dollars ($500.00).
      Each day that a violation is willfully permitted to exist shall constitute a separate violation subject to an additional civil penalty. The payment of a civil penalty shall not exempt the offender from compliance with the requirements of this Chapter.
   H.   Determination Of Civil Penalties; Accrual And Amount:
      1.   In determining the date when civil penalties start to accrue, the Enforcement Official shall consider the date when the City first discovered the violation as evidenced by the issuance of a Citation or any other written notice or correspondence to the Respondent.
      2.   In determining the amount of civil penalties to be assessed on a daily rate, the Enforcement Official shall consider the following factors:
         a.   The duration of the violation.
         b.   The frequency of recurrence of the violation.
         c.   The seriousness of the violation.
         d.   The history of the violation.
         e.   The Respondent's conduct after issuance of a Citation, Notice of Violation, or other written notice pursuant to this Chapter.
         f.   The good faith effort by the Respondent to comply.
         g.   The economic impact of the penalty on the Respondent.
         h.   The impact of the violation upon the community.
         i.   Any other factors that justice may require.
   I.   The City Manager shall have the authority, but not the obligation, to establish a penalty schedule for the Enforcement Official to use as a guideline in determining the amount of civil penalties in appropriate cases and to establish procedures for the use of this penalty schedule. (Ord. 479, 12-10-1996; amd. Ord. 900, 6-24-2025)

9-2-18B: INJUNCTIVE RELIEF:

If a person has violated or continues to violate the provisions of this Chapter, the City may petition for a preliminary or permanent injunction restraining the person from activities which could create further violations or compelling the person to terminate the violation. (Ord. 900, 6-24-2025)

9-2-18C: VIOLATIONS MAY BE DEEMED A PUBLIC NUISANCE:

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 that is a threat to public health, safety, and welfare, is hereby declared and deemed a nuisance, and may be abated pursuant to the provisions of Nevada Revised Statutes Chapter 268 or restored at the violator's expense, and/or civil action to abate, enjoin, or otherwise compel the cessation of such nuisance may be taken. The provisions of this Section 9-2-18C and the City Nuisance Code are in addition to and not in lieu of the other enforcement provisions set forth in this Chapter. (Ord. 900, 6-24-2025)

9-2-18D: CRIMINAL PENALTIES:

Any person who has violated or continues to violate the requirements of this Chapter, to include any requirement set forth in a Notice of Violation issued under this Chapter, shall be subject to a criminal penalty of no more than one thousand dollars ($1,000.00). Each day a person violates this Chapter or remains in violation of this Chapter shall be a separate violation. In addition, any person who has violated or continues to violate this Chapter may be subject to criminal prosecution under federal or state laws. (Ord. 900, 6-24-2025)

9-2-18E: SUSPENSION OR TERMINATION OF LANDFILL ACCESS:

   A.   Landfill Privileges: Access to the Elko Municipal Landfill is hereby declared to be a privilege and not a right.
   B.   Notice of Landfill Suspension/Termination: A person's privilege to use the Elko Municipal Landfill may be suspended or terminated by the Enforcement Official by service of a Notice of Landfill Suspension/Termination upon the person or the person's agent or representative by personal service and/or by USPS Certified Mail.
   C.   Suspension: The Enforcement Official may temporarily suspend a person's access to the Elko Municipal Landfill for a period of up to ninety (90) calendar days under the following circumstances:
      1.   The person disposes of hazardous materials, prohibited items, or fails to follow landfill guidelines;
      2.   The person fails to pay fees required for disposal;
      3.   The person engages in unsafe behavior, such as unauthorized scavenging or reckless dumping;
      4.   The person is found to be contributing to pollution or violating environmental laws; or
      5.   The person violates any provision of this Chapter, to include, without limitation, the proscription against collecting or removing refuse in or from the City other than haul his own refuse.
   D.   Termination: The Enforcement Official may permanently terminate a person's access to the Elko Municipal Landfill under the following circumstances:
      1.   The person repeatedly disregards the provisions of this Chapter;
      2.   The person repeatedly disregards landfill regulations, such as dumping hazardous waste or prohibited materials;
      3.   The person engages in illegal dumping, fraud, or other unlawful activities related to waste disposal within the City;
      4.   The person causes significant environmental harm, such as contaminating groundwater or violating federal or state environmental laws, within the City.
      5.   The person poses a danger to landfill workers or other users, through violence, harassment, or reckless behavior; or
      6.   A court order permanently bans the person from accessing the Elko Municipal Landfill.
   E.   Nothing herein shall be interpreted to preclude the issuance of a Notice of Violation in addition to a Notice of Landfill Suspension/Termination. (Ord. 900, 6-24-2025)

9-2-18F: APPEAL OF NOTICE OF VIOLATION AND/OR SUSPENSION OR TERMINATION OF LANDFILL ACCESS:

   A.   Notice of Appeal Rights: A Notice of Violation or Notice of Landfill Suspension/ Termination issued pursuant to this Chapter 2 shall include a written notice setting forth the Respondent's appeal rights pursuant to this Section 9-2-18F.
   B.   Appeal to City Manager: A Respondent served with a Notice of Violation or Notice of Landfill Suspension/Termination may, within fourteen (14) calendar days of service thereof, appeal the determination of the Enforcement Official to the City Manager by filing a "Notice of Appeal to the City Manager" with the City Clerk containing a statement of the basis for the appeal. The City Manager or the City Manager's designee shall schedule and conduct a hearing on the Notice of Violation within fourteen (14) calendar days thereafter, upon no less than seven (7) calendar days' advance notice to the Respondent, unless otherwise agreed by the Respondent and the City. At the hearing before the City Manager or the City Manager's designee, the respondent and the City shall each be given an opportunity to present arguments and evidence, to include witness testimony. The rules of evidence shall not apply. The City Manager or the City Manager's designee may terminate the hearing at a time determined in advance by the City Manager or the City Manager's designee, provided a reasonable time shall be given to permit the Respondent and the City to present their respective arguments and evidence. The City Manager or City Manager's designee may terminate a hearing at any time upon a determination that the additional evidence and argument to be proffered by the Respondent and the City will be duplicative or not relevant to the issues to be resolved. The City Manager or the City Manager's designee shall issue and serve a written decision upon the Respondent with five (5) business days of the hearing.
   C.   Appeal To City Council: A Respondent or other person aggrieved by a decision of the City pursuant to this Chapter may, within fourteen (14) calendar days of service of the decision of the City Manager on the Notice of Violation or Notice of Landfill Suspension/Termination or other decision of the City pursuant to this Chapter, appeal the decision to the City Council by filing a "Notice of Appeal to the City Council" with the City Clerk containing a statement of the basis for the appeal. The City Council shall, within forty-five (45) calendar days thereafter, conduct a hearing on the decision of the City Manager or other City official. At the hearing before the City Council, the Respondent and the City shall each be given an opportunity to present arguments and evidence, to include witness testimony. The rules of evidence shall not apply. The City Council may terminate the proceeding at a time determined in advance by the City Manager, provided a reasonable time shall be given to permit the Respondent and the City to present their respective arguments and evidence. The City Council may terminate a hearing at any time upon a determination that the additional evidence and argument to be proffered by the Respondent and the City will be duplicative or not relevant to the issues to be resolved. The City Council shall render a decision at the hearing, to include a continuation thereof in the event the hearing is tabled.
   D.   Service: Service upon the Respondent for purposes of this Section 9-2-18F shall mean personal service or service by certified mail, return receipt requested.
   E.   Compliance With Notice of Violation Pending Appeal: A Respondent to whom a Notice of Violation or Notice of Landfill Suspension/Termination has been issued must comply with the requirements stated therein pending an appeal or appeals pursuant to this Section 9-2-18F. Each day the Respondent fails to comply with the Notice of Violation or Notice of Landfill Suspension/Termination during the appeal period shall be deemed an additional violation of this Chapter, subject to all criminal and civil remedies herein contained.
   F.   Waiver: The failure of a Respondent to appeal a decision within the times required in this Section 9-2-18F shall result in the waiver of those appeal rights.
   G.   Finality of City Council Decision; Judicial Review: The decision of the City Council at an appeal hearing pursuant to this Section 9-2-18F shall be final for purposes of judicial review. Any action for judicial review shall be commenced by filing a petition with the District Court for the Fourth Judicial District, in and for the County of Elko, State of Nevada, no more than thirty (30) calendar days from the date of the decision of the City Council at an appeal hearing pursuant to this Section 9-2-18F. (Ord. 900, 6-24-2025)

9-2-19: REMEDIES CUMULATIVE:

Any and all remedies herein provided shall be deemed cumulative. The City and the officers thereof shall in addition thereto have the right to exercise and enforce all rights and remedies otherwise created or existing, including the right of injunction, the right of abatement of nuisances, the right of action for damages, the right of prosecution for violation of any statute of the state or other laws of the City and any other right existing or available, including all rights arising from breach of any contract or contracts awarded hereunder and the right to proceed under the provisions of section 9-2-14 of this Chapter, notwithstanding the issuance of contracts or licenses under the provisions of said section, if it should appear that refuse is not being satisfactorily hauled or disposed of by any contractor or licensee. (Ord. 479, 12-10-1996; amd. Ord. 900, 6-24-2025)

9-2-20: COUNCIL TO MAKE REGULATIONS:

The City Council is authorized to make any and all necessary or proper regulations to carry out and enforce the provisions of this Chapter, including all matters as to notices, procedures, regulations of hours, segregation of districts, classifications of services, routes of travel, regulation of landfill grounds or disposal site and similar matters. Licensees, contractors and owners hauling their own refuse shall be bound by all such rules and regulations of which notice may be given as required by the City Council and, as to method of disposal of refuse at the disposal site, by notices posted at such site or on the road leading thereto, and a violation of the requirements of such notices shall be deemed a violation of this Chapter punishable as herein provided. (Ord. 479, 12-10-1996; amd. Ord. 900, 6-24-2025)

9-2-21: CITY LANDFILL USER FEE:

Any person or entity of any name or nature using the City landfill for disposal of garbage, rubbish, waste material or other refuse, shall pay a fee therefor in such an amount as shall be determined and set from time to time by resolution of the City Council. The City Council may set said fees based upon the volume of garbage, rubbish, waste material and other refuse hauled. (Ord. 567, 6-26-2001; amd. Ord. 900, 6-24-2025)

9-2-22: REPEAL OF ORDINANCES AND RESOLUTIONS; NO RETROACTIVE EFFECT:

   A.   All ordinances or parts of ordinances and resolutions in conflict herewith are hereby repealed, but only to the extent of such conflict.
   B.   If any section, clause or provision of this Chapter shall for any reason be held to be invalid, unenforceable or unconstitutional by any court of competent jurisdiction, the invalidity, unenforceability or unconstitutionality of such section, paragraph, clause or provision shall not affect any remaining provisions of this Chapter.
   C.   Nothing in this Chapter shall be construed to apply retroactively, nor shall it be construed to amend any franchise agreements in effect on the date of enactment of Ordinance 900, and all provisions set forth in any existing franchise agreement shall remain in effect until its termination under the terms thereof. (Ord. 479, 12-10-1996; amd. Ord. 900, 6-24-2025)

9-5-1: SHORT TITLE:

This chapter may be cited as the ELKO SEWER CODE. (Ord. 324, 2-19-1982)

9-5-3: DEFINITIONS:

As used in this chapter, unless the context requires otherwise, the following are to mean:
   BOD (Denoting BIOCHEMICAL OXYGEN DEMAND): The quantity of oxygen utilized in the biochemical oxidation of organic matter under standard laboratory procedure in five (5) days at twenty degrees centigrade (20°C), expressed in parts per million by weight.
   CAPITAL IMPROVEMENT CHARGE: The charge to the user to produce revenues to retire outstanding indebtedness and maintain reserve accounts for capital improvements to the sewer system, expressed as dollars per month per fixture unit ($/mo/SFU).
   CITY COUNCIL: The city council of the city of Elko.
   CONNECTION CHARGES: A fee charged in order to equalize the investment in plant and equipment and other facilities made by the city of Elko. The charge is for the right of service in the system. All connection charges and fees go to the sewer capital improvement fund.
   DIRECTOR: The city engineer or any of his duly authorized representatives.
   ELKO MUNICIPAL SEWER SYSTEM OR SEWER SYSTEM: The system of conduits, pumps, treatment plants and structures used for the purpose of conveying from their source, treating in any manner and conveying to final points of disposal all wastes of any nature permitted by this chapter to enter said system. Specifically included as integral parts of the system are all conduits of any nature forming a party of the general network of conduits or connected directly or indirectly to said network; all pumps, treatment plants and structures of any kind used in connection with the collection, treatment and disposal of the wastes handled by the system; and all appurtenances to any of the above, either physically or functionally connected therewith. "Sanitary sewers", as defined in this section, are all included as parts of the municipal sewer system.
   FIXTURE UNIT SURVEY: The tabulation of sewer fixture units by physical inspection or review of construction plans to determine the fixture unit count.
   FULL FRONTAGE: All lot lines of any lot, parcel or tract of property adjacent to a road, street, alley or right of way, to include lots, parcels or tracts containing multiple borders or edges, such as corner lots.
   HOOKUP CHARGE: See definition of Tap Fee Or Hookup Charge 1 .
   PREMISES: A continuous tract of land, building or group of adjacent buildings under a single control with respect to use of sewer and responsibility for payment therefor. Subdivision of such use or responsibility shall constitute a division into separate "premises", as defined in this definition, except that where more than one dwelling is being served through the same sewer service in which case each of said dwellings shall constitute a separate premises and shall be subject to the same separate charges as if separate single-family dwellings.
   REPLACEMENT COST: The cost to replace items which in the normal course of operation become nonfunctional. This cost is distinguished from capital improvement cost by being less than ten thousand dollars ($10,000.00) for a singular replacement.
   SANITARY SEWERS: Those sewers which are designated to carry all waste matter permitted by this chapter to enter the system, other than surface drainage water.
   SEWER DEPARTMENT: The city of Elko water department, located at 1751 College Avenue.
   SEWER FIXTURE UNIT (SFU): A numerical value assigned to different types of plumbing fixtures to reflect flow contribution to the sewer system. Fixture units shall be utilized for billing on the basis of flow contribution for each user. A tabulation of the numerical value assigned to the various types of plumbing fixtures is included in section 9-5-73 of this chapter.
   SEWER FIXTURE UNIT COUNT OR SURVEY: The tabulation of the fixture units by physical unit or inspection or review of construction plans to fixture unit determine the fixture unit count.
   SEWERAGE FIXTURES: Approved type installed receptacles, devices or appliances which are supplied with water or which receive liquid or liquidborne wastes and discharge such wastes into the drainage system to which they may be directly or indirectly connected. Industrial or commercial tanks, vats and similar processing equipment are not sewerage fixtures, but may be connected to or discharged into approved sewerage fixtures.
   STORM SEWERS: Those sewers which are designated to carry surface drainage water and such other waters as are not required to be disposed of through the sanitary sewer system, in accordance with the provisions hereinafter set forth.
   SUSPENDED SOLIDS: Solids that either float on the surface of or are in suspension in water, sewerage or other liquids; and which are removable by laboratory filtering.
   USER CHARGE: A charge to the user in order to cover operation, maintenance and replacement costs associated with the "sewer system", expressed as dollars per SFU per month. (Ord. 740, 8-9-2011)

9-5-5: MATTER EXCLUDED FROM ALL SEWERS:

   A.   General Prohibitions: No industrial user shall introduce or cause to be introduced into the POTW any pollutant or wastewater which causes pass-through, interference, or results in pollutant concentrations that do not allow the city of Elko to comply with its WDRs (water discharge requirements). These general prohibitions apply to all users of the POTW (publicly owned treatment works) whether or not they are subject to categorical pretreatment standards or any other federal, state, or local pretreatment standards or requirements.
   B.   Specific Prohibitions: No industrial user shall introduce or cause to be introduced into the POTW the following pollutants, substances, or wastewater:
      1.   Pollutants which create a fire or explosive hazard in the POTW, including, but not limited to, wastestreams with a closed cup flashpoint of less than one hundred forty degrees Fahrenheit (140°F) (60°C) using the test methods specified in 40 CFR 261.21;
      2.   Wastewater having a pH less than 6.5 measured at the point where discharge enters the sewer main, or otherwise causing corrosive structural damage to the POTW or equipment. In addition, the user must also meet the city's local limit in section 9-5-54 of this chapter;
      3.   Solid or viscous substances in amounts which will cause obstruction of the flow in the POTW resulting in interference, but in no case solids greater than one-fourth inch (1/4") in any dimension, such as ashes, cinders, sand earth, coal rubbish, mineralized inorganic grit, metal particles or shavings, or any matter which is chemically or physically stable for at least five (5) days at twenty degrees centigrade (20°C) or which would form a deposit or obstruction or damage or reduce the capacity of the sewer into which it was placed;
      4.   Pollutants, including oxygen demanding pollutants in excess of three hundred (300) parts per million (1,000,000) as five (5) day BOD (biochemical oxygen demand), or in excess of five hundred (500) parts per million (1,000,000) COD (chemical oxygen demand), released in a discharge at a flow rate and/or pollutant concentration which, either singly or by interaction with other pollutants, will cause interference with the POTW;
      5.   Wastewater having a temperature greater than one hundred forty degrees Fahrenheit (140°F) (60°C), or which will inhibit biological activity in the POTW resulting in interference, but in no case heat in such quantities that the temperature at the introduction into the POTW treatment plant exceeds one hundred four degrees Fahrenheit (104°F) (40°C);
      6.   Petroleum oil, nonbiodegradable cutting oil, matter containing animal or vegetable greases, products of mineral oil, or oil of any nature in excess of three hundred (300) parts per million (1,000,000), or products of mineral oil origin, in amounts that will cause pass-through, interference, or results in pollutant concentrations in biosolids in excess of limits set forth in 40 CFR 503;
      7.   Pollutants which result in the presence of toxic gases, vapors, or fumes within the POTW in a quantity that may cause acute worker health and safety problems;
      8.   Trucked or hauled pollutants;
      9.   Noxious or malodorous liquids, gases, solids, or other wastewater which, either singly or by interaction with other wastes, are sufficient to create a public nuisance or a hazard to life, or to prevent entry into the sewers for maintenance or repair;
      10.   Wastewater which imparts color which cannot be removed by the treatment process, such as, but not limited to, dye wastes and vegetable tanning solutions, which consequently imparts color to the treatment plant's effluent;
      11.   Any radioactive wastes. In the event of an accidental spill of radioactive material into any public sewer, the person responsible shall:
         a.   Immediately notify the director; and
         b.   Render such technical or other assistance to the city within its power to prevent the POTW from becoming contaminated with radioactivity;
      12.   Stormwater, surface water, groundwater, artesian well water, roof runoff, subsurface drainage, swimming pool drainage, condensate, deionized water, noncontact cooling water, and unpolluted wastewater, unless specifically authorized by the director;
      13.   Sludges, screenings, reverse osmosis brines, resin regeneration brines, or residues from the pretreatment of industrial wastes;
      14.   Medical wastes, except as specifically authorized by the director in a wastewater discharge permit;
      15.   Wastewater causing, alone or in conjunction with other sources, the treatment plant's effluent to fail a toxicity test;
      16.   Detergents, surface active agents, or other substances which may cause excessive foaming in the POTW, or are not biodegradable;
      17.   Any dispersed biodegradable oils and fats, such as lard, tallow, or vegetable oil, and any fats, oils, or greases of animal origin in amounts that will cause pass-through or interference, or results in pollutant concentrations in biosolids that do not allow the city of Elko to comply with its WDRs;
      18.   Wastewater causing two (2) readings on an explosion hazard meter at the point of discharge into the POTW, or at any point in the POTW, of more than ten percent (10%) or any single reading over five percent (5%) of the lower explosive limit of the meter;
      19.   Liquid matter of any nature containing suspended solids;
      20.   Any matter that would be poisonous to or inhibit the biologic organisms associated with any sewage treatment process, and which in the opinion of the director or his appointee, might interfere with the in excess of one thousand (1,000) parts per million (1,000,000); satisfactory operation of any treatment facility or any portion of the sewer system;
      21.   Mineralized inorganic grit or metallic particles or shavings that would cause the pollutant concentrations in the biosolids that do not allow the city of Elko to comply with its WDRs;
      22.   Hair in quantities that may cause disruption in the operation of sampling or other equipment utilized within the sewer system.
Pollutants, substances, or wastewater prohibited by this section shall not be processed or stored in such a manner that they could be discharged to the POTW.
Upon obtaining the written approval of the director, sewage wastes or other matters herein excluded may be discharged into the sewage system upon payment to the city of the additional costs for processing the same as hereinafter provided and set forth. (Ord. 675, 11-13-2007)

9-5-7: MATTER EXCLUDED FROM STORM SEWERS:

In addition to the matter excluded heretofore, all other matter of any nature shall be excluded from those parts of the sewer system designated by the director as storm sewers, excepting only surface drainage waters. Such drainage water shall be directed into storm sewer only under the authorization and direction of the director. (Ord. 324, 2-19-1982)

9-5-9: MATTER EXCLUDED FROM SANITARY SEWERS:

In addition to the matter excluded heretofore, all surface drainage water shall be excluded from all parts of the sewer system designated by the director as the sanitary sewer system. This shall include roof drains and other sources of uncontaminated water. (Ord. 324, 2-19-1982)

9-5-11: SEWER SERVICE:

   A.   Applications:
      1.   Content: Each applicant for sewer service shall be required to sign, on a form provided by the sewer department, an application which shall set forth:
         a.   Date.
         b.   Location of premises to be served, giving street address and description of property to be served.
         c.   Applicant's name and mailing address and the name and mailing address of the legal owner of the premises.
         d.   Purpose for which the property will be used (residential, commercial, apartments, etc.).
         e.   Person and address to which the monthly bills are to be mailed.
         f.   The date the applicant will be ready for sewer service.
         g.   The name of the contracting or plumbing agency that will be hooking the premises to the city sewer system (new connections).
         h.   If the applicant is not the legal owner of the property, the applicant shall provide written evidence of authorization to apply for service from the legal owner of the property.
      2.   Purpose: The application is merely a written request for service and does not bind the applicant to take service for any period of time, nor does it bind the city to serve, except under reasonable conditions.
      3.   Responsibility: The legal owner is responsible for the payment of all sewer charges at the premises for which an application is made. Only the legal owner of the premises may request termination of sewer service or a change in the person or address to which the monthly sewer bill is to be sent.
   B.   Change In Customer Equipment Or Operations: A customer making any change in the size, character or extent of the equipment or operations for which the service is utilized shall immediately file with the sewer department a new application for additional service.
   C.   Sewer Service Laterals: All sewer service laterals shall be constructed and maintained by the property owner in accordance with sewer department standards, rules and regulations. (Ord. 324, 2-19-1982)
   D.   Installation Of Sewer Service In Existing Paved Street: If the sewer service is installed in an existing paved street or area, a street cut permit shall be obtained from the city engineer's office and all costs associated with the street cut, including, but not limited to, the street cut, required excavation, repair of the street and any required traffic control shall be paid by the applicant. (Ord. 522, 12-8-1998)

9-5-15: DISCONTINUANCE OF SERVICE:

   A.   Water Service Discontinued: Sewer service will normally be considered terminated when the water service to the property has been shut off. The billing for sewer service will be discontinued at that time and the customer will be billed in accordance with this chapter.
   B.   Continued Billing: If, in the opinion of the director, unusual circumstances warrant continued billing for sewer service or partially billing for service, the customer shall be so notified. (Ord. 324, 2-19-1982)

9-5-17: TERMINATION FOR NONCOMPLIANCE WITH RULES:

The sewer department may terminate water and/or sewer service to any customer for violation of these rules after it has given the customer written notice of such intention. (Ord. 324, 2-19-1982)

9-5-19: TERMINATION FOR UNSAFE APPARATUS:

If any condition is found to exist on a customer's premises which constitutes a hazard to health or which threatens to damage any portion of the city sewer system, the service may be terminated without notice. The sewer department 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. (Ord. 324, 2-19-1982)

9-5-21: TERMINATION FOR FRAUDULENT USE OF SERVICE:

When the sewer department has discovered that a customer has obtained service by fraudulent means, the service to that customer may be discontinued without notice. The sewer department will not restore service to such customer until that customer has complied with this sewer code and rules and reasonable requirements of the sewer department, and the sewer department has been reimbursed for the full amount of the service rendered and the actual cost to the sewer department incurred by reason of the fraudulent use. (Ord. 324, 2-19-1982)

9-5-23: RESTORATION OF SERVICE:

Sewer service shall be considered restored and subject to billing at such a time as the water reconnection takes place. (Ord. 324, 2-19-1982)

9-5-25: REFUSAL TO SERVE:

   A.   Conditions For Refusal: The sewer department may refuse to serve an applicant for service under the following conditions:
      1.   If the applicant fails to comply with any of the provisions of 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 sewer department, the applicant's installation for utilizing the service is unsafe or hazardous, or subject to freezing, or of such nature that satisfactory service cannot be rendered.
      4.   Where service has been discontinued for fraudulent use, the sewer department will not serve an applicant until it has determined that all conditions of fraudulent use or practice have been corrected. (Ord. 324, 2-19-1982)
      5.   If, in the judgment of the sewer department or the state division of environmental protection, there is insufficient capacity to serve the applicant. (Ord. 385, 9-13-1988)
   B.   Notification To Customers: When an applicant is refused service under the provisions of this chapter, the sewer department will notify the applicant that he may appeal the decision of the sewer department to the city council. (Ord. 324, 2-19-1982)

9-5-27: CONTINUITY OF SERVICE:

   A.   Emergency Interruptions: The sewer department will make all reasonable efforts to prevent interruptions to service and when such interruptions occur will endeavor to reestablish service with the shortest possible delay consistent with the safety to its customers and the general public.
   B.   Scheduled Interruptions: Whenever the sewer department finds it necessary to schedule an interruption to its service it will, where feasible, notify all customers to be affected by the interruptions, stating the approximate time and anticipated duration of the interruption. Scheduled interruptions will be made at such hours as will provide least inconvenience to the customers consistent with reasonable sewer department operations. (Ord. 324, 2-19-1982)

9-5-29: SEWER CONNECTION CHARGES:

   A.   Connection Fee: For each initial or new connection made to the sewer system, there shall be charged an initial payment in the form of a connection fee which shall be set by resolution by the city council in accordance with the following schedules:
      1.   Residential:
         a.   For each residential or other housing unit, multi-family dwelling, apartment house or trailer court, the charge shall be thirty dollars ($30.00) per sewer fixture unit (SFU) until the charge is changed by resolution of the city council. The number of SFUs is determined in subsection C of this section.
         b.   The connection charge shall apply to all parcels and lots which have not previously been served by the municipal sewer system and each lot of any new subdivision to be served by the municipal sewer system.
      2.   Commercial And Industrial: For all initial or new commercial and industrial sewer connections, the connection fee shall be thirty dollars ($30.00) per SFU until the charge is changed by resolution of the city council. The number of SFUs is determined by using the schedule for commercial and industrial buildings as set forth in section 9-5-73 of this chapter.
      3.   Modification And Expansion Of Facilities:
         a.   If any modification or expansion to the premises increases the SFU count, the connection charge will be thirty dollars ($30.00) times the net increase in SFUs until the charge is changed by resolution of the city council.
         b.   In converting a residential building to commercial use or developing a commercial use on a lot with previous sewer service (in which the building has been demolished or removed), the applicant shall pay the connection charge based upon the net increase in fixture units. In the event there is no record of the fixture units in the original structure, the applicant will be credited fifty (50) fixture units. In no case will a refund be granted for a new reduction in fixture units.
      4.   Determination Of Sewer Fixture Unit Count: The building inspector will conduct a fixture unit survey at the time a building permit is requested. This will be done off of construction plans provided by the applicant. The final count will be based on a final inspection by the building inspector of any completed structure. (Ord. 453, 3-14-1995)
   B.   Payment: The sewer connection charge shall be payable on demand to the city at the time the building inspector issues a building permit.
   C.   Sewer Fixture Unit Count: Until further resolution of the city council, the sewer fixture unit count and resulting rates for sewer use and connection for residences shall be based on the following sewer fixture units (SFU) per dwelling unit:
 
SFU
All single-family dwellings
50
All multiple-family dwellings (duplex, triplex and quadraplex)
50
Apartments
50
Trailers in trailer courts (RV parks not included)
50
Trailers on private lots
50
 
   (Ord. 385, 9-13-1988)
   D.   Other Sewer Users:
      1.   All sewer users not specifically set forth in subsection C of this section shall be classified as commercial or industrial users and SFUs will be determined on the basis of the "sewer fixture value table" contained in section 9-5-73 of this chapter.
      2.   The minimum SFU count for the purposes of calculating the monthly capital improvements charge under this subsection shall be two hundred (200).
      3.   The minimum SFU count for the purpose of calculating the sewer connection charge under this subsection shall be fifty (50). (Ord. 513, 8-11-1998)

9-5-30: TREATED EFFLUENT CONSTRUCTION WATER METERED RATES AND INSTALLATION CHARGES:

   A.   Treated Effluent Construction Water Metered Rate: The meter rate for use of treated effluent shall be established by resolution of the city council.
   B.   Deposit: The applicant shall deposit with the Elko city clerk the cost of installing and removing the metering facilities required to furnish the service. The applicant will be charged in accordance with the following rate schedule:
      1.   Flat charge per connection, for both installation and removal of metering facilities, in such amount as specified by resolution of the city council.
      2.   Additional relocation of metering facilities to another location, in such amount as specified by resolution of the city council.
   C.   Application, Installation And Operation: An application for treated effluent construction water service must be completed by the applicant, and approved by the water reclamation facility (WRF) superintendent, or city designee, prior to treated effluent construction water service. All facilities for treated effluent construction water service to an applicant shall be installed at designated sites by the (WRF) department and shall be operated in accordance with their written instructions. All applicants shall provide themselves with a hydrant wrench and summer valve necessary to operate the metering facilities.
   D.   Responsibility For Installed Metering Facilities: The applicant shall use all possible care to prevent damage to the metering facilities from the time they are installed until they are removed, or until forty eight (48) hours' written notice has been given to the WRF department that the applicant has completed its use of the metering facilities. If the metering facilities or other facilities are damaged, the cost of making repairs shall be paid by the applicant.
   E.   Unauthorized Use Of Hydrants: Tampering with any fire hydrant for the unauthorized use of treated effluent construction water therefrom, or for any other purpose, is a city offense, punishable by fine and/or incarceration.
   F.   Duration Of Service: Reuse construction water service connections shall be disconnected and terminated within six (6) months after installation unless an extension of time is granted in writing by the utilities director. (Ord. 687, 3-11-2008)

9-5-31: SEWER RATES:

The sewer charge for the billing period established by the city shall be as follows:
   A.   Sewer User Charge:
      1.   A charge levied to cover the user proportionate share of operation, maintenance and replacement of the sewage facilities based upon the following formulas:
 
 
C u
= Ct x
F u
÷ 12
 
 
 
 
Ft
 
Where:
Cu
=
Monthly user charge for operation and maintenance including replacement costs (this charge will be adjusted to reflect the charge for the billing period).
Ct
=
Total annual operation and maintenance costs.
Fu
=
Total fixture units for the individual user.
Ft
=
Total number of fixture units in the Elko system.
The above formula applies to all sewer users and, in addition, those users discharging pollutant loading higher than "normal domestic sewage" shall be charged a "surcharge".
The following formula will be utilized in calculating the surcharge:
       Cs = BcB + ScS + PcP ÷ 12
Where:
Cs
=
Monthly surcharge to user (to be adjusted to reflect the billing period established by the city).
Bc
=
Annual operation and maintenance cost for treatment of a unit of BOD above a predetermined base level.
B
=
Annual units of BOD above base level.
Sc
=
Annual operation and maintenance for treatment of a unit of suspended solids above a base level.
S
=
Annual units of suspended solids above a base level.
Pc
=
Annual operation and maintenance cost for treatment of a unit of other pollutants above a base level.
P
=
Annual units of pollutants above base level.
 
      2.   The surcharge is to be included when the pollutant loading units are above a base level, but in no case is a reduction in charge permitted if waste is below the base level for "normal domestic strength" sewage.
      3.   Fixture units for nonresidential users will be determined by every user based upon the table contained in section 9-5-73 of this chapter.
   B.   Capital Improvement Charge: A capital improvement charge may be levied by the city. This charge will be determined by the city supervisors and will be included on the customer's billing statement as an item separate from the user charge.
   C.   Sewer Rate Schedule:
      1.   Rates for sewer user charges shall be set by resolution of the city council.
      2.   Septic receiving charge shall be set by resolution of the city council.
   D.   Meter Rates:
      1.   As an alternative to the sewer fixture unit method of billing, the city will bill based upon forty seven percent (47%) of the metered quantity of water consumed. The user must submit a method of reporting meter readings satisfactory to the director to assure safeguards against tampering with the meter. Once the user selects to use a meter as a basis of his billing, he may revert to an SFU basis only on the anniversary date of his selection to use the meter as the basis for billing. The user shall purchase his meter from the city and the user shall pay all costs incurred in installing such meter.
      2.   The meter rate shall be set by resolution of the city council.
   E.   Streetlight Utility Charge: Streetlight utility charges shall be based upon the following sewer fixture units and shall be set by resolution.
 
Residential:
   50 SFU (minimum)
Commercial:
   1 to 50 SFU (minimum)
   51 to 500 SFU
   501 to 3,000 SFU
   3,001 or more
 
   F.   Public Facilities: Sewer fees shall be assessed for all public buildings unless specifically waived by the city council as part of a lease of public property. (Ord. 541, 10-26-2000; amd. Ord. 560, 1-23-2001)
   G.   Rate Changes: All changes in user rates for sewer use shall first be proposed to the city council at a regularly scheduled meeting. The proposed change in rates shall not be acted upon until the following regularly scheduled or subsequent meeting. (Ord. 561, 2-27-2001)

9-5-32: WAIVER OF SEWER USER FEES FOR CERTAIN COMMERCIAL CUSTOMERS:

   A.   Any sewer fees related to the maintenance and beautification of the Nevada department of transportation (NDOT) right of way for State Route 225 (Mountain City Highway) will be waived for any commercial business which has installed a water utility meter, and which business agrees to maintain the NDOT right of way abutting its property.
   B.   Additionally, in order to qualify for the waiver of sewer fees, the metered commercial customer's water use for right of way irrigation shall be determined as follows:
      1.   Measuring the actual volume of water used through a secondary water meter; or
      2.   If circumstances allow, subtracting the winter water usage (when the right of way is not being irrigated) from the summer water usage (when the right of way is being irrigated), as recorded on the master water meter. Any such customer shall inform the water department of the dates when the right of way irrigation began and when it stopped. (Ord. 657, 10-25-2005)

9-5-33: EXTENSION OF SEWER MAIN FACILITIES:

Sewer main facilities may be extended by subdivider, developer, property owner or other persons in accordance with plans and specifications submitted to and approved by the city engineer.
   A.   Construction And Extension: The inside diameter of every sewer main shall not be less than eight inches (8"), except as may be determined by the city engineer. The subdivider, developer, property owner or other persons shall construct all sewer mains in accordance with the plans and specifications as submitted and approved by the city engineer and pay any and all costs for the minimum size sewer main required for this development as determined by the city engineer. Every sewer main extension must be extended across the full frontage of the developer's or property owner's property and not only to the closest corner of their property, provided, however, that the city council may modify or waive the foregoing requirements contained in this sentence if one or more of the following conditions can be met: the requirements are: 1) not economically feasible, 2) will discourage future development, or 3) will not serve the best interests of the public.
   B.   Connection: Upon connection to the sewer system, the subdivider, developer, property owner or other persons shall dedicate all sewer mains located on property owned or controlled by the city to the city. Upon dedication and after the one year contractor warranty period has expired, the city will operate and maintain the sewer main located on said property.
   C.   Construction Of Larger Mains: Whenever, in the opinion of the city council or city engineer, it is necessary that a sewer main be constructed of a larger capacity than the minimum capacity set forth in subsection A of this section, the city shall pay the difference in pipe material cost for the oversized sewer main. The subdivider, developer, property owner or other person shall be required to purchase materials, construct and install such oversized sewer main required.
   D.   Reimbursement: In a situation where sewer main facilities are required to be extended at least one hundred feet (100') from an existing main and the city council determines that the area through which the main will be extended is well suited for growth, the city council may determine to apply the following reimbursement process:
      1.   Sewer main facilities may be extended by a subdivider, developer, property owner or other person (the applicant).
      2.   The actual cost of extending the sewer main (cost of materials and labor only) shall be paid by the applicant.
      3.   The city may thereafter collect from any sewer user connecting directly to such extension an extension connection fee which is represented by that fraction of the actual cost of such extension, as approved by the city, as the number of front feet or acreage, or combination of the two (2), which may be served by such extension when connected to the city sewer system.
      4.   Extension connection fees, together with regular fees collected pursuant to section 9-5-29 of this chapter from new sewer users above the extension, shall be paid by the city to the applicant originally installing such extension up to an amount equal to ninety percent (90%) of the cost of the extension.
         a.   The use of connection fees for payment to the applicant shall be limited to not longer than seven (7) years after the date said extension is originally connected to the city sewer system.
         b.   The use of extension connection fees for payment to the applicant shall not be limited in time.
         c.   The city shall in no way be obligated to assure that the applicant making such extension is paid ninety percent (90%) of the total costs thereof, nor to initiate any action or incur any expense to collect any sum to be paid to the applicant.
      5.   Where different applicants contribute to the making of the extension, such sums shall be refunded to such applicants prorated according to the amounts which they separately contributed toward the extension and pursuant to the preceding plan.
   E.   Special Reimbursement Agreements: Where special conditions exist in the opinion of the city which justify reimbursement to the person paying the costs of a main extension which justify reimbursement on any basis other than that provided in subsection D of this section, the city council may authorize a special reimbursement contract by the city and the person or persons constructing the main extension. Said special reimbursement agreement shall be made and entered into prior to acceptance of the work and sewer main by the city. (Ord. 746, 5-8-2012)

9-5-35: BILLING (PAYMENT AND LIEN RIGHTS):

All bills for sewer services shall be rendered monthly or bimonthly at the established rate in advance, or such bills may be rendered on a regularly established day of each and every period in which the service was rendered. Each bill shall show the amount of the sewer service charge. In the event the sewer bill, or any part thereof, is not paid in full within fifteen (15) days after the date when billed, it will be considered delinquent and subject the customer and property owner to termination of service and allow the city to claim a lien on the property for the amount of the bill. In all cases the property owner shall be ultimately responsible for the payment of the sewer bill. (Ord. 324, 2-19-1982)

9-5-36: RIGHT OF WAY TOLL:

The Elko municipal sewer utility shall pay a right of way toll, to be charged to the sewer enterprise fund, to the city of Elko as follows:
   A.   Commencing August 1, 2010, equal to 2.5 percent of the gross receipts derived by it from each utility bill of a customer of the Elko municipal sewer utility during each calendar year; said payments shall be made on or before the fifteenth day of each month of the month immediately following collection of such revenues, and each payment shall equal 2.5 percent of the aforesaid gross revenues obtained by the Elko municipal sewer utility, its successor or assigns.
   B.   Upon its receipt of payments of the right of way toll collected and transmitted to the city of Elko pursuant to subsection A of this section, the city of Elko shall allocate one hundred percent (100%) of the proceeds to the city's general fund. (Ord. 715, 7-27-2010, eff. 8-1-2010)

9-5-37: TERMINATION OF SERVICE PROCEDURE FOR NONPAYMENT:

   A.   On the sixteenth day succeeding the mailing of any sewer bill, or in the event the sixteenth day falls on a holiday, Saturday or Sunday, then on the next succeeding working day, all charges to that date, whether or not billed, and all charges accrued for sewer services, are deemed due and payable. Upon nonpayment of such sewer charges, the sewer billing shall be considered delinquent and the finance department shall mail notice to the legal owner or the applicant for service and shall either mail a copy of the notice to the occupant or post a copy of the notice on the premises of the occupant at the address receiving service, notifying the owner and occupant that the sewer service will be terminated on a specific date, which date shall not be less than ten (10) days after the date of mailing or posting such delinquency notice.
   B.   The owner or applicant applying for service or occupant of the premises may request to present his position concerning termination of sewer services to the city council and the city council action will be final.
   C.   Failure of the owner, customer or occupant to appear before the city council after having requested such right, as provided above, will cause the sewer service to be terminated.
   D.   On the date of termination of sewer services, or any date thereafter, the finance department may cause to be filed with the county recorder a statement of the amount due and unpaid for sewer services and a description of the property to which the services were rendered to perfect a lien against the property.
   E.   Upon vacating the premises, all customers desiring to discontinue sewer service shall notify the sewer department not less than one business day prior to vacating the premises. Unless discontinuance of service is ordered, the customer shall be liable for charges whether or not the sewer is used.
   F.   Termination of sewer services shall be accomplished by disconnection of water service at the subject address. (Ord. 537, 12-28-1999)

9-5-39: APPEALS:

The city council shall review any decision made by the director or his representatives or agents in interpreting, applying or enforcing the provisions of this chapter, upon the receipt of an application or petition in writing, requesting a review of such decision. In exercising its powers of review, the city council may, in conformity with the provisions of the law, reverse or affirm wholly or partly, or may modify the order, requirements, decision or determination of the director appealed from and make such order, requirement or determination as ought to be made. The city council may also initiate a review of the director's interpretation of the provisions of this chapter by a motion and by a vote of a majority of the quorum or a majority of the members present if such number exceeds a quorum. In all cases, the decision of the city council shall be final. (Ord. 324, 2-19-1982)

9-5-41: PENALTIES:

Any person, firm or corporation violating any of the provisions of this chapter shall, upon conviction thereof, be punished as provided in title 1, chapter 3 of this code. Each day's violation of the provisions of this chapter may be deemed a separate offense. (Ord. 324, 2-19-1982)

9-5-43: BIENNIAL REVIEW OF OPERATIONAL MAINTENANCE CHARGES:

The city council shall review not less often than every two (2) years the contribution of users and user classes, the total cost of operation and maintenance of treatment works and its approved user charge system. The city council shall revise the charges for users or user classes to accomplish the following:
   A.   Maintain the proportionate distribution of operation and maintenance costs among users and user classes as required herein.
   B.   Generate sufficient revenue to pay the total operation and maintenance costs necessary for the proper operation and maintenance (including replacement) of the treatment works.
   C.   Apply excess revenues collected from a class of users to the costs of operation and maintenance attributable to that class for the next year and adjust the rate accordingly. (Ord. 324, 2-19-1982)

9-5-45: INSPECTION OF SEWERS AND ATTACHMENTS:

   A.   Inspection; Notice: The director, or other authorized city officials or employees of the city, may enter upon premises drained by any side sewer or connected with any public sewer at all reasonable hours to ascertain whether or not the provisions of the ordinances of the city relative to sewerage have been followed. If such sewer, or its attachments, are in conflict with the provisions of any law or ordinance in regard thereto, the owner of said premises, or his agent, shall, upon notice, cause such sewer or its attachments to be so altered, repaired or reconstructed as to make them conform to the requirements of the laws and ordinances within fifteen (15) days from the time of receipt of such notice.
   B.   Wastewater Survey: When requested by the director, or other authorized city staff, all industrial users must submit information on the nature and characteristics of their wastewater by completing a wastewater survey prior to commencing their discharge. The director, or other authorized city staff, is authorized to prepare a form for this purpose and may periodically require industrial users to update the survey. Failure to complete this survey shall be reasonable grounds for terminating service to the industrial user and shall be considered a violation of this chapter. (Ord. 675, 11-13-2007)

9-5-47: TESTING OF SEWAGE WASTE:

The director, or any authorized city officials or employees of the city, may enter upon any and all premises at all reasonable times for the purpose of inspection, observation, measurement, sampling and testing of sewage waste in accordance with the provisions of this chapter; and it is unlawful for any person to prevent or attempt to prevent any such entrance or obstruct or interfere with any such officer or employee while so engaged. (Ord. 324, 2-19-1982)

9-5-49: SEPTIC TANK CONTENTS:

It is unlawful for anyone to discharge the contents of any septic tank, cesspool or chemical toilet into the sewer system of the city, except in accordance with the provisions of this chapter. (Ord. 324, 2-19-1982)

9-5-51: DESIGNATION OF PLACES AND MANNER OF DISCHARGE OF SEPTIC TANK CONTENTS:

The director shall designate in writing the particular points where the contents of septic tanks, cesspools or chemical toilets can be discharged into the sewer system, and the manner in which said contents shall be discharged. No matter prohibited from sewers by this chapter shall be permitted to be so discharged. (Ord. 324, 2-19-1982)

9-5-53: DETERMINATION OF CHARACTER OF WASTE MATTER:

Before any matter of any nature may be discharged into the sewer system, which discharge might reasonably be considered a violation of this chapter, the controlling characteristic of such matter shall be determined to the satisfaction of the director. The responsibility of initiating such determinations of any costs involved and of submitting the results and the decision as to whether or not a permit shall be issued, shall be the responsibility of the director. The fact that any matter has been discharged into the sewer system prior to the passage of this chapter or subsequent thereto, but without any objection from the director, does not constitute a valid right to so discharge such matter. If, upon discovery by the director at any time that any matter being discharged into the sewer does not conform to the requirements of this chapter, the director may immediately stop the discharge of such matter into the sewer system. (Ord. 324, 2-19-1982)

9-5-54: NATIONAL CATEGORICAL PRETREATMENT STANDARDS:

The categorical pretreatment standards found at 40 CFR chapter I, subchapter N, parts 405-471 are hereby incorporated.
   A.   Concentration Or Mass Limits: Where a categorical pretreatment standard is expressed only in terms of either the mass or the concentration of a pollutant in wastewater, the director or authorized city staff may impose equivalent, or more stringent concentration or mass limits in accordance with 40 CFR 403.6(c).
   B.   Alternate Limits: When wastewater subject to a categorical pretreatment standard is mixed with wastewater not regulated by the same standard, the director or authorized city staff shall impose an alternate limit.
   C.   Variance: A user may obtain a variance from a categorical pretreatment standard if the user can prove, in the opinion of the director or authorized city staff, pursuant to the procedural and substantive provisions in 40 CFR 403.13, that factors relating to its discharge are fundamentally different from the factors considered by EPA when developing the categorical pretreatment standard.
   D.   Net Gross Adjustment: A user may obtain a net gross adjustment to a categorical standard in accordance with 40 CFR 403.15.
   E.   Local Limits: The following pollutant limits are established to protect against pass-through, interference, or pollutant concentrations in biosolids that do not allow the city of Elko to comply with its WDRs. No person shall discharge wastewater containing in excess of the following daily maximum concentration limits, as determined from the analysis of any grab or composite sample collected:
Parameter
Local Limit (mg/l Unless Otherwise Noted)
Parameter
Local Limit (mg/l Unless Otherwise Noted)
Arsenic
MR
Cadmium
MR
Chromium (total)
MR
Copper
MR
Lead
MR
Mercury
MR
Molybdenum
MR
Nickel
MR
Selenium
MR
Silver
MR
Zinc
MR
Biochemical oxygen demand
   300
Chemical oxygen demand
   500
Total suspended solids
   1,000
Ammonia
   40
Oil and grease
   300
pH (standard units) (allowable range)
6.5 - 8.5
MR = monitor and report (all analysis to be completed using current standard method accepted by the U.S. EPA)
 
      1.   The above limits apply at the point where the wastewater is discharged to the POTW. The director or authorized city staff may impose more restrictive limitations, or mass limitations in addition to, or in place of, the concentration based limitations through any industrial user's discharge permit.
      2.   The above limits may be revised from time to time by the city as may be deemed necessary to protect the POTW from pass-through, interference, or pollutant concentrations in WRF biosolids or WRF effluent that do not allow the city of Elko to comply with its WDRs, or as may be required by the applicable federal, state, or local pretreatment standards.
      3.   The director or authorized city staff may authorize discharges containing higher concentrations on a site specific basis, provided that the concentrations of such discharges shall not cause pass-through, interference, or result in pollutant concentrations in WRF biosolids or WRF effluent that do not allow the city of Elko to comply with its WDRs. Upon approval by the director or authorized city staff, site specific limitations shall be established through the terms specified in the user's wastewater discharge permit. The director or authorized city staff may impose mass limitations in addition to, or in place of, concentration based limitations, due to reduced water usage by an industrial user. (Ord. 675, 11-13-2007)

9-5-55: PRETREATMENT OF SEWAGE:

When at any time it becomes necessary or desirable to discharge into the sewer system any matter from any source which does not conform to the requirements outlined in this chapter, it is hereby required that such matter may be discharged into the sewer system, the producer thereof shall pretreat the same at his own expense to a degree that will produce an effluent which does conform to the said requirements. Such pretreatment plans shall be understood to include grease traps, chemical or biochemical plants, sedimentation chambers and any other devices which effect a change of any nature in the characteristics of the matter being treated. Any and all such devices and equipment shall be subject to the approval of the director, shall not be put into operation without a written permit of approval issued by the director, shall be provided with all necessary features of construction to permit inspection of operations and testing of material passing through them, and shall be open to the inspection of the director at any time; but the producer, in lieu of the treatment of said sewage as hereinabove provided for, may, with the written approval of the director being first obtained, discharge said sewage, waste or other matter into said sewage system, subject to the provisions of this chapter and subject to the payment of the additional cost of the treatment hereof, as hereinafter provided. (Ord. 324, 2-19-1982)

9-5-57: GREASE, OIL, AND SAND INTERCEPTORS:

   A.   Grease, oil and sand interceptors shall be provided when, in the opinion of the director or authorized city staff, they are necessary for the proper handling of liquid wastes containing grease in excessive amounts, oil in excessive amounts, or any flammable wastes, sand and other harmful ingredients including mineralized inorganic grit; except that such interceptors shall not be required for private living quarters or dwelling units. All interceptors shall be of a type and capacity approved by the director or authorized city staff, and shall be located as to be readily and easily accessible for cleaning and inspection. All interceptors shall be exterior, inground installations, provided that as to dischargers at existing locations as of the effective date of this chapter, where it is physically impossible to locate an interceptor at an exterior, inground location, the director or authorized city staff may grant an exception allowing the interceptor to be placed in an approved interior location.
   B.   Fat, oil, grease, and sand interceptors shall be constructed of impervious materials capable of withstanding abrupt and extreme changes in temperature. They shall be of substantial construction, watertight and equipped with easily removable covers which when bolted in place shall be gastight and watertight.
   C.   Where installed, all fat, oil, grease, and sand interceptors shall be maintained by the owner, at his expense, in continuously efficient operation at all times. It is specifically prohibited to maintain interceptors by bacteriological, chemical, or enzymatic addition or treatment.
   D.   Wastewater discharge permits may be issued to users of fat, oil, grease, and sand interceptors. Permits shall establish minimum requirements for the design, operation, maintenance, and performance of the equipment. Permits may include other information as described in this chapter.
   E.   The discharge of waste to a grease, oil, and sand interceptor is subject to all sections of this chapter.
   F.   Purchase and installation of the interceptor shall be at the user's expense. No exceptions shall be made to the requirements of this section due to expense, size of the installation, or difficulties in locating the interceptor within the site boundary.
   G.   Cleaning and maintenance records shall be kept by user and shall be made available for review by the director or authorized city staff at any time. Records of any analysis conducted on the water or other contents of the equipment shall be made available for review by the director or authorized city staff at the request of the director or authorized city staff. The director or authorized city staff may require submittal of maintenance records to the city for review at any time. (Ord. 675, 11-13-2007)

9-5-59: CERTAIN INSTALLATIONS UNLAWFUL:

It is unlawful to so install, change, bypass, adjust or alter any metering device or any piping arrangement connected therewith as to show the quantity of sewage discharged from the premises to be less than the actual quantity. (Ord. 324, 2-19-1982)

9-5-61: MANDATORY CONNECTIONS:

   A.   Unless a modification or waiver is granted in accordance with subsection B of this section, each owner of houses, buildings, or other properties used for human occupancy, employment, recreation, commercial, industrial or other like purposes situated within the incorporated areas of the city shall connect to such sewer within ninety (90) days after such sewer is available for use wherever such public sewer line is within three hundred feet (300') of any building discharging sanitary or industrial waste. Connections to the sewer system are the sole responsibility of the owner of the property so connected.
   B.   The city council may modify or waive the requirements of this section if it determines that unique circumstances exist whereby the requirements: 1) are in conflict with an existing agreement to which the city is a party at the time of adoption hereof or 2) will not serve the best interests of the public, provided the modification or waiver is consistent with state law. (Ord. 746, 5-8-2012)

9-5-63: DESIGN, CONSTRUCTION OF NEW CONNECTIONS, INFLOW SOURCES:

No new connection shall be made to the municipal sewer system unless the same is properly designed and constructed; inflow sources as defined to EPA rules and regulations section 35.905.11, including, but not limited to, roof leaders, cellar, yard and area drains, foundation drains, cooling water discharges, drains from springs and swampy areas, manhole covers, cross connections from storm sewers and combined sewers, catch basins, stormwaters, surface runoff, street wash waters or drainage shall not be permitted to be connected to the sewer system. (Ord. 324, 2-19-1982)

9-5-65: RULES AND REGULATIONS:

The city council shall have the power and duty to adopt and may from time to time amend rules and regulations for the operation of the municipal sewer system including, but not limited to, rules and regulations concerning the method of hooking up and the type of use of the sewer so long as such rules and regulations are not in conflict with law, this chapter or EPA rules and regulations section 35.905.11. (Ord. 324, 2-19-1982)

9-5-67: CREDIT:

   A.   Establishment And Maintenance: Each applicant for service shall establish and maintain credit to the satisfaction of the sewer department before service will be rendered.
   B.   Loss And Reestablishment Of Credit: Any amount due for sewer service that remains unpaid for twenty (20) days after presentation of a bill therefor, during the depositor's first year of service, may be deducted from the guarantee deposit and service shall be subject to discontinuance until the deposit is again restored to the original amount. Any such unpaid amount accruing subsequently to the depositor's first year of service, where the premises are owned by the depositor, may also be deducted from any guarantee deposit remaining in the department's possession. (Ord. 324, 2-19-1982)

9-5-69: NOTIFICATION:

Each user will be notified, at least annually, in conjunction with a regular bill, of the rate and that portion of user charges or ad valorem taxes which are attributable to wastewater treatment services. (Ord. 324, 2-19-1982)

9-5-71: INCONSISTENT AGREEMENTS:

The city council members may have preexisting agreements which address:
   A.   The reservation of capacity in the city treatment works; or
   B.   The charges to be collected by the city council in providing wastewater treatment services or reserving capacity.
This user charge system shall take precedence over any terms or conditions of agreements or contracts between the city council and users (including industrial users, special districts, other municipalities or federal agencies or installations) which are inconsistent with the requirements of section 204(b)(1)(A) of the act and the regulations of the U.S. EPA, September 27, 1978. (Ord. 324, 2-19-1982)

9-5-73: FIXTURE UNIT VALUE TABLE:

Fixture unit surveys are conducted and fixture units established in accordance with the following table:
Description Of Fixture
Fixture Value Per Unit
Description Of Fixture
Fixture Value Per Unit
Bathroom group:
   Sewer closet
   Sink
   Bathtub and/or shower
    with flushometer
 
 
 
         14
         18
Bathtub (with or without shower)
      4
Bedpan washer and sterilizer
      5
Bidet
      4
Car wash per stall
      24
Continuous flow per GPM
      200
Dental unit cuspidor
      2
Dental unit lavatory
      2
Dishwashers:
   Conveyor
   Residential
   Under counter
 
      100
      8
      10
Disposals
      50
Drinking fountains
      2
Floor drains:
   Grease, oil, solids
      4
      6
Hose bibs
      2
Landscaping per 1,000 square feet
      12
Laundry:
      4
   Tub and faucets
      4
   Clothes washer:
Automatic 8 pound
12 – 19 pound
20 – 39 pound
40 – 50 pound
50+ per pound of machine weight
 
      16
      20
      22
      24
      1.5
Receptors for refrigerator, coffee urn, soft drinks, ice machines, etc.
      2
Recycled
      16
Showers per head and drain
      4
Sinks
   Bar
   Flushing rim (clinic)
   Industrial; wash up, etc.
   Kitchen
   Lavatory
 
      2
      12
      6
      4
      2
Swimming pool per 100 square feet
      5
Trailer parks:
   Dump station
   Recreational vehicles park per pad
 
      25
      7
Urinals:
   Pedestal-siphon
   Stall
   Trough/2 foot
 
      12
      4
      6
Water closet:
   Flush valve
   Tank
 
      12
      8
Water for cooling per ton charged under intermittent flow
 
 
For fixture types not listed, fixture units shall be estimated by using similar use and performance description.
For nonresidential facilities which operate or are open to the public in excess of twelve (12) hours per day, a multiplier of 1.5 shall be applied to the fixture unit value per unit. (Ord. 324, 2-19-1982)

9-5-74: VACANT UNITS IN APARTMENT COMPLEXES, COMMERCIAL COMPLEXES AND MOBILE HOME PARKS:

   A.   Exemption; Requirements: Any owner (or the owner's authorized representative) of an apartment complex, commercial complex or mobile home park containing more than one rental unit or space (hereinafter "unit") served by a single sewer service connection may obtain an exemption from monthly sewer user fees for any vacant rental unit, provided the following requirements are met:
      1.   The entire apartment complex, commercial complex or mobile home park must utilize the fixture unit method for the determination of sewer fees for the entire month during which the exemption is sought;
      2.   The unit for which the exemption is sought must be vacant for thirty (30) continuous days during the month for which the exemption is sought;
      3.   The unit for which the exemption is sought must be offered to the public for rent and must constitute a separate "premises";
      4.   The owner (or the owner's authorized representative) of the apartment complex, commercial complex or mobile home park must request an exemption for the vacant unit on a form specified by the city, which form shall be entitled "verification of nonoccupancy";
      5.   The fully completed and executed verification of nonoccupancy form shall be received by the finance department no later than the twentieth day of the month during which the unit is vacant, and if the unit is rented after the twentieth day of the month, then the city must be notified;
      6.   Exemptions for months other than the month in which the verification of nonoccupancy form is received by the finance department shall not be granted;
      7.   The customer may submit the verification of nonoccupancy form by fax, in person, by mail or by depositing the form in the city drop box; and
      8.   The verification of nonoccupancy form must be signed under oath and dated by the owner (or owner's authorized representative) of the apartment complex, commercial complex or mobile home park.
   B.   Amount Of Exemption: The exemption shall be in an amount corresponding to the fixture unit count applicable to the vacant unit.
   C.   Individual Fixtures Not Exempt: Exemptions shall not be granted for individual fixtures within premises, regardless of whether the fixture has been in use during any given month.
   D.   Resurvey: Nothing contained in this section shall preclude the owner of a premises from requesting the city to perform a resurvey of fixtures on the premises for the purpose of making adjustments to the fixture count.
   E.   Definitions: The following definitions shall apply to this section:
   APARTMENT COMPLEX: A building or tract of land containing two (2) or more family dwelling units, at least one of which is offered for rent to the public, all of which are owned by a common person or group of persons.
   COMMERCIAL COMPLEX: A building or tract of land in a nonresidential zoning district containing two (2) or more commercial units, at least one of which is offered for rent to the public, all of which are owned by a common person or group of persons.
   MOBILE HOME PARK AND RECREATIONAL VEHICLE PARK: Shall have the meanings ascribed to those terms as defined in section 3-5-3 of this code.
   F.   Nonapplicable: Notwithstanding any other provision contained in this chapter, the exemption from sewer fees described in this section shall not apply to vacant rooms, spaces or other accommodations in a "transient lodging rental business", as that term is defined in title 4, chapter 6 of this code. (Ord. 628, 11-23-2004)

9-5-75: RESURVEYS OF FIXTURES:

   A.   Authorized: The director, or his designee, may revise any sewer fixture unit count based on a resurvey of any premises at his sole discretion.
   B.   Request By Property Owner: The property owner may request a resurvey of his sewer fixture unit count at any time upon payment of the fee described in section 9-1-29 of this title. (Ord. 628, 11-23-2004)

9-6-1: PURPOSE:

The purpose of this Chapter is to provide for the health, safety and general welfare of the residents of the City through regulation of non-stormwater discharges to the municipal separate storm sewer system (MS4), waters of the United States, and watercourses. This Chapter establishes methods for controlling the introduction of pollutants into the MS4 to comply with the National Pollutant Discharge Elimination System (NPDES) permit process and to:
   A.   Regulate the contribution of pollutants to the MS4 resulting from discharges,
   B.   Prohibit illegal connections and discharges to the MS4, and
   C.   Provide for the inspection, surveillance and monitoring procedures necessary to ensure compliance with this Chapter.(Ord. 863, 7-13-2021)

9-6-2: DEFINITIONS:

As used in this Chapter, unless the context otherwise requires, the words and terms defined in this section shall have the following meanings:
BEST MANAGEMENT PRACTICES (BMPs):
Schedules of activities, prohibitions of practices, general good housekeeping practices, pollution prevention and educational practices, maintenance procedures, and other management practices to prevent or reduce the discharge of pollutants directly or indirectly to the MS4, a watercourse, or waters of the United States, to include stormwater, receiving water, or stormwater conveyance systems. BMPs include treatment practices, operating procedures, and practices to control site runoff, spillage or leaks, sludge or water disposal, or drainage from raw materials storage. BMPs may be structural or nonstructural.
CITY:
The City of Elko, Nevada to include its departments, agencies, officials, and employees.
CLEAN WATER ACT:
The Clean Water Act (formerly referred to as the Federal Water Pollution Control Act or Federal Water Pollution Control Act Amendments of 1972) Pub. L. 92-500, as amended Pub. L. 95-576, Pub. L. 96-483, and Pub. L. 97- 117, 33 U.S.C. 1251 et seq.
COMMERCIAL ACTIVITY:
A task, conduct, enterprise, or undertaking of any kind with the goal of earing an economic profit.
CONSTRUCTION ACTIVITY:
An activity subject to an NPDES construction stormwater general permit issued by the State of Nevada. The term “construction activity” includes NPDES construction activities on a land disturbance of one (1) acre or more. The term “construction activity” also includes a land disturbance of less than one (1) acre if part of a larger common plan of development or sale that disturbs, or is proposed to disturb, one (1) acre or more. Such activities include, but are not limited to, clearing and grubbing, grading, excavating and demolition.
CONTAMINANT:
Any physical, chemical, biological, or radiological substance or matter which is added to water.
DIFFUSE SOURCE:
Any source of water pollution which is diffused to the extent that it is not readily discernible and cannot be confined to a discrete conveyance. This term is intended to be equivalent to the term "nonpoint source" as used in federal statutes and regulations.
DISCHARGE:
Any addition of a contaminant, pollutant, or pollutants to the MS4, waters of the United States, or a watercourse, including a "discharge of pollutant" as defined in 40 CFR § 122.2.
DISCHARGER:
A person who permits or causes a discharge into the MS4 or a watercourse.
ENFORCEMENT AGENCY:
The City department or agency designated to enforce this Chapter, to include its director, employees, and designees.
ENFORCEMENT OFFICIAL:
The City Environmental Coordinator, City Code Enforcement Officer, or any other City employee designated to serve as an Enforcement Official by the City Council to enforce the provisions of this Chapter.
FACILITY, OPERATION OR ACTIVITY:
Any source of a discharge, including land or appurtenances thereto, that is subject to regulation under an NPDES permit. The foregoing includes an action performed by or associated with a person or organization, such as a business organization, in the production of goods or delivery of services.
GENERATOR:
Any person, by site location, whose act, or process produces "solid waste" as defined in NRS 444.490, "hazardous material" as defined in NRS 459.7024, extremely hazardous material" as defined in NRS 459.7022, or "hazardous waste" as defined in NRS 459.432.
HAZARDOUS MATERIALS:
Any material, substance or waste that is or has the characteristic of being hazardous, toxic, ignitable, reactive or corrosive, including, without limitations, petroleum, PCBs, asbestos, materials known to cause cancer or reproductive problems and those materials, substances and/or waste, including infectious waste, medical waste, and potentially infectious waste, which are or later become regulated by any local governmental authority, the state of Nevada, or the United States government, including, but not limited to, substances defined as "hazardous substances", "hazardous materials", "toxic substances", or "hazardous wastes" in the comprehensive environmental response, compensation and liability act of 1980, as amended, 43 USC section 9601 et seq.; the hazardous materials transportation act, 40 USC section 1801 et seq.; the resource conservation and recovery act, 43 USC section 6901 et seq.; all corresponding and related state of Nevada and local statutes, ordinances and regulations, including, without limitation, any dealing with underground storage tanks; and in any other environmental law, regulation or ordinance now existing or hereinafter enacted.
ILLEGAL CONNECTIONS:
Either of the following:
A.   Any drain or conveyance, whether on the surface or subsurface, which allows an illegal discharge to enter the storm water conveyance system including, but not limited to, any conveyances which allow non-storm water discharge including, but not limited to, sewage and process wastewater to enter the storm water conveyance system and any connections to the storm water conveyance system from indoor drains and sinks, regardless of whether said drain or connection had been previously allowed, permitted, or approved by an authorized enforcement agency; or
B.   Any drain or conveyance connected from a commercial or industrial land use to the storm water conveyance system which has not been documented in plans, maps, or equivalent records and approved by an authorized enforcement agency.
ILLEGAL DISCHARGE:
Any direct or indirect non-storm water discharge to the MS4, a watercourse, or waters of the United States, except as exempted in section 9-6-6(A) of this chapter.
INDUSTRIAL ACTIVITY:
An activity subject to an NPDES industrial permit as set forth in 40 CFR section 122.26(b)(14).
MUNICIPAL SEPARATE STORM SEWER SYSTEM (MS4):
A collection of structures (retention basins, ditches, underground pipes, etc.) owned and operated by the City and not connected to the sanitary sewer system that is designed to gather stormwater and discharge it, without treatment, into local streams and rivers.
MUNICIPAL SEPARATE STORM SEWER SYSTEM (MS4) PERMIT:
A permit allowing the City to legally discharge stormwater into local streams and rivers through the municipal separate storm sewer system.
NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM (NPDES) STORM WATER DISCHARGE PERMIT:
A permit issued by EPA (or by a state under authority delegated pursuant to 33 USC 1342(b)) 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.
NON-STORM WATER DISCHARGE:
Any discharge that is not composed entirely of storm water.
PERSON:
Any individual, association, organization, partnership, firm, corporation or other entity recognized by law and acting as either the owner or the owner's agent.
PERSONAL SERVICE:
Hand delivery by and to an adult.
POLLUTANT, POLLUTION, OR POLLUTE:
Anything which causes or contributes to pollution, either directly or indirectly. Pollutants may include, but are not limited to: sediment, petroleum products, paints, varnishes, and solvents; oil and other automotive fluids; nonhazardous liquid and solid wastes and yard wastes; refuse, rubbish, garbage, litter, or other discarded or abandoned objects, ordnances, and accumulations, so that the 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; waste and residues that result from constructing a building or structure; site development of any kind; and noxious or offensive matter of any kind.
PREMISES:
Any building, lot, parcel of land, or portion of land whether improved or unimproved including adjacent sidewalks and parking strips.
RESPONDENT:
A person to whom a Notice of Violation, Stop Work Order, citation, or notice of civil infraction has been issued pursuant to this Chapter or a person who is formally accused by the City of violating this Chapter. The term "respondent" shall include any person defending a Notice of Violation, Stop Work Order, citation, notice of civil infraction, or complaint issued on the basis of a violation of this Chapter or who is otherwise subject to any punitive measure pursuant to this Chapter.
STOP WORK ORDER:
An order issued by the Enforcement Official which requires that all sources and/or causes of a non-stormwater discharge or polluted stormwater, to include activities not permitted under an approved Stormwater Pollution Prevention Plan on a site, be stopped.
STORM WATER:
Any surface flow runoff, and drainage consisting entirely of water from any form of natural precipitation, and resulting from such precipitation.
STORMWATER CONSTRUCTION GENERAL PERMIT:
A permit issued by the Nevada Division of Environmental Protection for stormwater disharges associated with construction activity.
STORM WATER CONVEYANCE SYSTEM:
Publicly owned facilities by which storm water is collected and/or conveyed, 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 drainage channels, reservoirs, and any other drainage structures.
STORM WATER POLLUTION PREVENTION PLAN (SWPPP):
A document, approved by federal, state, or local agencies in accordance with federal, state, or local law, 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 storm water, storm water conveyance systems, and/or receiving waters to the maximum extent practicable and posted on-site.
WASTEWATER:
Any water or other liquid, other than uncontaminated storm water, discharged from a facility.
WATERCOURSE:
Any drainage or structure through which water may pass or drain and any body of water, including, but not limited to, lakes, ponds, rivers, streams, and bodies of water which have been delineated by federal, state, or local agencies in accordance with federal, state, or local laws.
 
In the event a term is used in this Chapter is not defined in this Chapter, but is defined in another Chapter in this Title 9, the definition contained in the other Chapter shall apply. (Ord. 863, 7-13-2021)

9-6-3: APPLICABILITY:

This Chapter regulates all water generated on any developed and undeveloped lands that enters the MS4, a watercourse, or waters of the United States, unless properly exempted by an authorized enforcement agency. The provisions of this Chapter 6, to include enforcement provisions, shall be in addition to and not in lieu of the provisions of Chapters 7 and 8 of this Title 9. (Ord. 863, 7-13-2021)

9-6-4: RESPONSIBILITY FOR ADMINISTRATION:

The City shall administer, implement, and enforce the provisions of this Chapter to include delegating enforcement authority in a manner consistent herewith. (Ord. 863, 7-13-2021)

9-6-5: ULTIMATE RESPONSIBILITY:

The standards set forth herein and promulgated pursuant to this Chapter are minimum standards; therefore compliance with this Chapter does not ensure that there will be no contamination, pollution, nor unauthorized discharge of pollutants. The prevention of contamination, pollution, or unauthorized discharges of pollutants is the responsibility of each person subject to the applicable provisions of Title 9 of the City Code, federal and state law, and the holder of an NPDES permit or other permit pertaining to discharges. The acts and omissions of employees and agents in the course and scope of their employment or official duties shall be deemed the acts and omissions of their employers and principals, except as otherwise provided by law. (Ord. 863, 7-13-2021)

9-6-6: DISCHARGE PROHIBITIONS:

   A.   Prohibition of Illegal Discharges: No person shall discharge or cause to be discharged into the MS4, a watercourse, or waters of the United States any materials, including, but not limited to, pollutants and hazardous material or waters containing any pollutants, as described herein, that cause or contribute to a violation of applicable water quality standards, other than storm water.
   The commencement, conduct or continuance of any illegal discharge to the MS4, a watercourse, or waters of the United States is prohibited except that the following discharges are exempt from discharge prohibitions established by this Chapter:
      1.   Water line flushing or other potable water sources, landscape irrigation or lawn watering, diverted stream flows, rising ground water, foundation or footing drains (not including active ground water dewatering systems), crawl space pumps, air conditioning condensation, natural springs, noncommercial washing of vehicles, natural riparian habitat or wetland flows, swimming pools (if dechlorinated and in compliance with all federal and state requirements), or firefighting activities.
      2.   Discharges specified in writing by the enforcement agency as being necessary to protect public health and safety.
      3.   Dye testing so long as notification is provided to the enforcement agency prior to the time of the test.
      4.   Any non-stormwater discharge permitted under an NPDES permit, waiver, or waste discharge order issued to the discharger and administered under authority of the federal or state environmental protection agency with jurisdiction, provided the discharger is in full compliance with all requirements of the permit, waiver, or order and other applicable laws and regulations, and provided written approval has been granted for any discharge to the MS4.
   B.   Prohibition Against Illegal Connections:
      1.   The construction, use, maintenance or continued existence of illegal connections to the MS4 is prohibited.
      2.   The foregoing prohibition expressly includes, without limitation, illegal connections made in the past, regardless of whether the connection was permissible under the City Code, law, or practices applicable or prevailing at the time of connection.
      3.   A person is considered to be in violation of this Chapter if the person connects a line conveying sewage to the MS4, or allows such a connection to continue. (Ord. 863, 7-13-2021)

9-6-7: SUSPENSION OF MS4 ACCESS:

   A.   Suspension Due to Illegal Discharges in Emergency Situations: The City may, without prior notice, suspend MS4 discharge access to a person when such suspension is necessary to stop an actual or impending 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, a watercourse, or waters of the United States. If the violator fails to comply with a suspension order issued in an emergency, the enforcement agency 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.
   B.   Suspension Due to The Detection of Illegal Discharge: Any person discharging to the MS4 in violation of this Chapter may have their MS4 access terminated if such termination would abate or reduce an illegal discharge. The authorized enforcement agency will notify a violator of the proposed termination of its MS4 access. The violator may appeal the decision following the process set forth in Section 9-6-14 below.
   C.   A person commits an offense by reinstating MS4 access to the premises after access was terminated pursuant to this section, without the prior approval of the enforcement agency. Violations are subject to enforcement pursuant to Section 9-6-13 below. (Ord. 863, 7-13-2021)

9-6-8: COMMERCIAL OR INDUSTRIAL ACTIVITY, INCLUDING CONSTRUCTION ACTIVITY:

Any person who discharges non-stormwater into the MS4, a watercourse, or waters of the United States shall comply with the applicable provisions of this Chapter. Any person who is subject to an NPDES storm water discharge permit issued by any local, state, or federal entity shall comply with all provisions of such permit. Proof of compliance with the permit may be required in a form acceptable to the City prior to allowing a discharge of any kind into the MS4. (Ord. 863, 7- 13-2021)

9-6-9: MONITORING OF DISCHARGES:

   A.   Applicability:
      1.   This section applies to all facilities that have storm water discharges associated with industrial activity, including construction activity.
   B.   Access to Facilities:
      1.   The owner or operator of any facility shall permit the City to enter and inspect facilities subject to regulation under this Chapter as often as may be necessary to determine compliance with this Chapter to include disengaging security devices and notifying onsite personnel, such as security guards.
      2.   A facility owner or operator shall provide the City reasonable access to all parts of the premises for the purposes of inspection, sampling, examination and copying records that must be maintained pursuant to a permit to discharge storm water, and the performance of any additional duties pertaining to discharges as defined by local, state, and federal law.
      3.   The City is authorized to install on any permitted facility such devices as are necessary in the opinion of the City to conduct monitoring and/or sampling of the facility's storm water discharge.
      4.   The City is authorized to require the discharger to install monitoring equipment as necessary to measure stormwater flow and quality. The facility's sampling and monitoring equipment shall be maintained at all times in a safe and proper operating condition by the discharger at its own expense. All devices used to measure storm water flow and quality shall be calibrated to ensure their accuracy.
      5.   Any impediment 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 verbal request of the City and shall not be replaced until authorized by the City. The costs to remove such impediment to safe and easy access shall be borne by the owner or operator.
      6.   An unreasonable delay in providing the City access to a permitted facility to investigate a potential violation of a storm water discharge permit shall be a violation of this Chapter. The owner or operator of a facility required to maintain an NPDES permit to discharge storm water associated with industrial activity violates this Chapter by failing or refusing to provide the City reasonable access to the permitted facility for the purpose of conducting any activity authorized or required by this Chapter.
      7.   If the City is refused access to any part of a facility and if the City determines it must inspect and/or sample a discharge to verify compliance with this Chapter or any order issued hereunder, or to protect the overall public health, safety, and welfare of the community, then the City may apply for an administrative search warrant from any court of competent jurisdiction. (Ord. 863, 7-13-2021)

9-6-10: REQUIREMENT TO PREVENT, CONTROL, AND REDUCE STORM WATER POLLUTANTS BY THE USE OF BEST MANAGEMENT PRACTICES OR PROPER WASTE MANAGEMENT:

All generators shall manage the discharge of waste in accordance with all federal, state, and local laws. Generators shall also identify all waste to ensure compliance with applicable laws and shall use BMPs for any activity, operation, or facility which may result in a discharge, or cause or contribute to pollution or contamination the MS4 or a watercourse, except as otherwise provided under federal, state, and local waste disposal laws. Operators shall utilize appropriate BMPs for all activities regulated by this Chapter. A person who holds a valid permit authorizing the discharge of stormwater associated with an industrial activity or construction activity shall comply with the terms and conditions thereof. BMPs for all activities regulated by this Chapter shall be included in a Storm Water Pollution Prevention Plan (SWPPP) to the extent necessary to comply with the requirements of an NPDES permit.
In the event the City determines that a person has not properly implemented a SWPPP or that the SWPPP requires modification to prevent the discharge or possible discharge of pollutants into the MS4 or a watercourse, the City may, in its sole discretion, instruct the person to correct the specified deficiencies within ten (10) calendar days. (Ord. 863, 7-13-2021)

9-6-11: WATERCOURSE PROTECTION:

Any person who owns, occupies, or possesses property (to include a lessee) through which a watercourse passes, shall keep and maintain that part of the watercourse within the property free of trash, debris, excessive vegetation, and other materials or object that may pollute, contaminate, or significantly restrict the flow of water through the watercourse. In addition, the owner, occupant, or person in possession 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. 863, 7-13-2021)

9-6-12: NOTIFICATION OF SPILLS:

If any person responsible for a facility or operation, or emergency response for a facility or operation has information pertaining to any known or suspected release of materials which cause or may result in illegal discharges, that person shall promptly take all reasonably necessary steps to ensure the discovery, containment, and cleanup of such release. In the event of a release of hazardous materials, the person shall immediately notify emergency response agencies of the occurrence via emergency dispatch services. In the event of a release of nonhazardous material, the person shall notify the appropriate City department or official either in person, by telephone, or by electronic mail no later than the next business day. Notifications in person or by telephone shall be confirmed by written notice addressed and mailed to the City within three (3) business days of the in-person or telephonic 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. The foregoing notification requirements are in addition to and not in lieu of any applicable notification requirements under federal and state law. The failure to provide notice as required in this section shall constitute a violation of this Chapter. (Ord. 863, 7-13-2021)

9-6-13: ENFORCEMENT:

   A.   Notice of Violation: In the event the City determines that a person has violated a prohibition or failed to meet a requirement of this Chapter 6, the City may compel compliance by serving a written Notice of Violation or Stop Work Order upon the discharger or the discharger's agent or representative by personal service. A Notice of Violation issued under this section may require, without limitation:
      1.   The performance of monitoring, analyses, and reporting;
      2.   The elimination of illegal connections or discharges;
      3.   That discharges, practices, or operations causing nonpoint source pollution immediately cease and desist;
      4.   The abatement or remediation of storm water pollution or contamination hazards and the restoration of any affected property;
      5.   The payment of a fine established by this Chapter or by resolution of the City Council to cover administrative and remediation costs; and/or
      6.   Implementation of source control or treatment BMPs.
   B.   Stop Work Order: In the event an unlawful or unpermitted discharge threatens the MS4, waters of the United States or a watercourse, or endangers the health or safety of any person, the City shall issue a Stop Work Order to the discharger, which shall be served by personal service upon the discharger or the discharger's agent or representative. If the discharger fails to obey the Stop Work Order immediately, the City shall take such action as may be necessary to insure compliance with this Chapter 6, including, but not limited to, submitting a request for the arrest of the discharger by a peace officer and/or an order for the immediate cessation of the discharger's ability to discharge, to include the immediate stoppage of all work at a construction site or other development. A Stop Work Order issued pursuant to this section shall remain in effect until the City determines that the respondent has completed all abatement, remediation, restoration activities and/or other requirements therein specified.
   C.   Deadline: If abatement of a violation and/or restoration of affected property is required, the Notice of Violation shall set forth a deadline by which such remediation or restoration must be completed. Should the respondent fail to perform the remediation or restoration therein specified by the deadline, the work may be done by the City or a designated governmental agency or contractor and the expense thereof shall be charged to the respondent.
   D.   Citations: The Environmental Enforcement Official or her or his designee shall have the authority to prepare, sign and serve written citations on persons accused of violating a provision of this Chapter where there is a criminal sanction. All citations so issued and served shall comply with the requirements of NRS 171.1773 and NRS 171.17751(5).
   E.   Civil liability instead of criminal sanction: Any person who violates this Chapter may be subject to civil liability to the City in an amount not to exceed $500 instead of a criminal sanction.
   F.   Civil liability; notice of civil infraction: The Environmental Enforcement Official or her or his designee may issue a notice of civil infraction to any person who violates this Chapter. The notice of violation must be issued on a form containing the following information:
      1.   The location where the violation occurred;
      2.   The date and time of the violation;
      3.   The signature of the Environmental Enforcement Official or other authorized person who issues the notice of civil infraction;
      4.   The section of this code that allegedly is being violated;
      5.   Information about the manner and time within which the notice of civil infraction must be answered;
      6.   The amount of the civil fine; and
      7.   Any other information relevant to the violation and applicable provisions of this Chapter.
   G.   Civil liability; duties of respondent:
      1.   A person who responds to a notice of civil infraction must either:
         a.   Admit the commission of the infraction and pay the appropriate civil fine; or
         b.   Deny liability for the infraction.
      2.   A person may admit commission of the infraction by paying to the municipal court the civil fine shown on the notice of civil infraction.
      3.   A person who denies liability for the infraction must appear in person before the municipal court.
   H.   Commencement of civil action; procedure: Judicial enforcement of a notice of civil infraction must be by way of a civil suit in the municipal court if a person denies liability. A civil action may be commenced by the filing of a complaint in the name of the City and the issuance of a summons with respect thereto, and service of such complaint and summons on the defendant must be made by certified mail, return receipt requested, addressed to the defendant at his/her last known address or in any other matter which is authorized by law. The proceedings in municipal court for actions commenced pursuant to this Chapter shall be governed by Rules 1 and 3 through 87 of the Justice Court Rules of Civil Procedure.
   I.   Civil Fines: A respondent who commits a civil infraction under this Chapter shall subject to a civil fine in the amount of $500.00 per infraction. (Ord. 863, 7-13-2021)

9-6-14: APPEAL OF NOTICE OF VIOLATION AND/OR STOP WORK ORDER:

   A.   A Notice of Violation or Stop Work Order issued pursuant to this Chapter 6 shall include a written notice setting forth the respondent's appeal rights pursuant to this Section 9-6-14.
   B.   A respondent served with a Notice of Violation or Stop Work Order may, within fourteen (14) calendar days of service thereof, appeal the determination of the Enforcement Official to the City Manager by filing a "Notice of Appeal to the City Manager" with the City Clerk containing a statement of the basis for the appeal. The City Manager or the City Manager's designee shall schedule and conduct a hearing on the Notice of Violation or Stop Work Order within fourteen (14) calendar days thereafter, upon no less than seven (7) calendar days' advance notice to the respondent, unless otherwise agreed by the respondent and the City. At the hearing before the City Manager or the City Manager's designee, the respondent and the City shall each be given an opportunity to present arguments and evidence, to include witness testimony. The rules of evidence shall not apply. The City Manager or the City Manager's designee may terminate the hearing at a time determined in advance by the City Manager or the City Manager's designee, provided a reasonable time shall be given to permit the respondent and the City to present their respective arguments and evidence. The City Manager or City Manager's designee may terminate a hearing at any time upon a determination that the additional evidence and argument to be proffered by the respondent and the City will be duplicative or not relevant to the issues to be resolved. The City Manager or the City Manager's designee shall issue and serve a written decision upon the respondent with five (5) business days of the hearing.
   C.   A respondent may, within fourteen (14) calendar days of service thereof, appeal the decision of the City Manager or the City Manager's designee to the City Council by filing a "Notice of Appeal to the City Council" with the City Clerk containing a statement of the basis for the appeal. The City Council shall, within forty-five (45) calendar days thereafter, conduct a hearing on the decision of the City Manager or City Manager's designee. At the hearing before the City Council, the respondent and the City shall each be given an opportunity to present arguments and evidence, to include witness testimony. The rules of evidence shall not apply. The City Council may terminate the proceeding at a time determined in advance by the City Manager or the City Manager's designee, provided a reasonable time shall be given to permit the respondent and the City to present their respective arguments and evidence. The City Council may terminate a hearing at any time upon a determination that the additional evidence and argument to be proffered by the respondent and the City will be duplicative or not relevant to the issues to be resolved. The City Council shall render a decision at the hearing, to include a continuation thereof in the event the hearing is tabled.
   D.   Service upon the respondent for purposes of this Section 9-6-14 shall mean service by certified mail, return receipt requested.
   E.   A respondent to whom a Notice of Violation or Stop Work Order has been issued must comply with the requirements stated therein pending an appeal or appeals pursuant to this Section 9-6-14.
   F.   The failure of a respondent to appeal a decision within the times required in this Section 9-6-14 shall result in the waiver of those appeal rights.
   G.   The decision of the City Council at an appeal hearing pursuant to this Section 9-6-14 shall be final for purposes of judicial review. Any action for judicial review shall be commenced by filing a petition with the District Court for the Fourth Judicial District, in and for the County of Elko, State of Nevada, no more than thirty (30) calendar days from the date of the decision of the City Council at an appeal hearing pursuant to this Section 9-6-14. (Ord. 863, 7-13- 2021)

9-6-15: INJUNCTIVE RELIEF:

If a person has violated or continues to violate the provisions of this Chapter, the City may petition for a preliminary or permanent injunction restraining the person from activities which could create further violations or compelling the person to perform abatement or remediation of the violation. (Ord. 863, 7-13-2021)

9-6-16: VIOLATIONS DEEMED A PUBLIC NUISANCE:

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 hereby determined to be a threat to public health, safety, and welfare, and is declared and deemed a nuisance, and may be abated pursuant to the provisions of Nevada Revised Statutes Chapter 268 or restored at the violator's expense, and/or civil action to abate, enjoin, or otherwise compel the cessation of such nuisance may be taken. The provisions of this Section 9-6-16 and the City Nuisance Code are in addition to and not in lieu of the other enforcement provisions set forth in this Chapter. (Ord. 863, 7-13-2021)

9-6-17: CRIMINAL PENALTIES:

Any person who has violated or continues to violate the requirements of this Chapter, to include any requirement set forth in a Notice of Violation or Stop Work Order issued under this Chapter, shall be subject to a criminal penalty of one thousand dollars ($1,000.00). Each day a person violates this Chapter or remains in violation of this Chapter shall be a separate violation. In addition, any person who has violated or continues to violate this Chapter may be subject to criminal prosecution under federal or state laws.
The City may recover all attorney fees, court costs and other expenses incurred in the enforcement of this Chapter, including sampling and monitoring expenses. (Ord. 863, 7-13-2021)

9-6-18: REMEDIES NOT EXCLUSIVE:

The remedies listed in this Chapter are not exclusive of any other remedies available under any applicable federal, state or local law and it is within the discretion of the authorized enforcement agency to seek cumulative remedies. (Ord. 863, 7-13-2021)

9-6-19: STORMWATER MANAGEMENT UTILITY FEES:

To offset the cost of operating the City MS4, there is hereby established a Stormwater Management Utility Fee. The Stormwater Management Utility Fee shall be charged to each person who is provided water service by the City, shall be in addition to all other charges assessed under Title 9, Chapter 1 (Elko Water Code), and may be billed monthly. The Stormwater Management Utility Fee shall be calculated on the basis of the sewer fixture unit (SFU) count of the water’s premises, as follows:
 
 
Residential:
 
50 SFU (minimum)
$1.00
Commercial or Industrial:
 
1 to 50 SFU (minimum)
1.00
51 to 500 SFU
0.02 per SFU
501 to 3,000 SFU
0.01 per SFU
3,001 or more
0.005 per SFU
 
(Ord. 863, 7-13-2021)

9-7-1: PURPOSE:

The purpose of this Chapter is to provide for the health, safety and general welfare of the residents of the City through regulation of construction activities to manage and control pollution from construction sites affecting the MS4, waters of the United States, and watercourses. This Chapter establishes methods for controlling the introduction of pollutants into the MS4 to comply with the National Pollutant Discharge Elimination System (NPDES) permit process and to:
   A.   Provide for protection of storm water, ground water, water bodies, watercourses, and wetlands pursuant to and consistent with the Clean Water Act, and the NPDES permit issued to the City,
   B.   Manage and control the amount of pollutants in storm water discharges into the MS4, soil erosion, sediment discharge, and sediment on public roadways, and
   C.   Ensure adequate drainage, storm water management and soil conservation measures are utilized at construction sites.(Ord. 863, 7-13-2021)

9-7-2: DEFINITIONS:

As used in this Chapter, unless the context otherwise requires, the words and terms defined in this section shall have the following meanings ascribed to them:
BEST MANAGEMENT PRACTICES (BMPs):
Schedules of activities, prohibitions of practices, general good housekeeping practices, pollution prevention and educational practices, maintenance procedures, and other management practices to prevent or reduce the discharge of pollutants directly or indirectly to the MS4, a watercourse, or waters of the United States, to include storm water, receiving water, or storm water conveyance systems; BMPs include treatment practices, operating procedures, and other practices to control site runoff, spillage or leaks, sludge or water disposal, or drainage from raw materials storage. BMPs may be structural or nonstructural.
CITY:
The City of Elko, Nevada, to include its departments, agencies, officials and employees.
CLEAN WATER ACT:
The Clean Water Act (formerly referred to as the Federal Water Pollution Control Act or Federal Water Pollution Control Act Amendments of 1972) Pub. L. 92- 500, as amended Pub. L. 95-576, Pub. L. 96-483 and Pub. L. 97-117, 33 U.S.C. 1251 et seq.
CLEARING:
Any activity which removes vegetative cover.
CONSTRUCTION ACTIVITY:
An activity subject to an NPDES construction stormwater general permit issued by the State of Nevada. The term “construction activity” includes NPDES construction activities on a land disturbance of one (1) acre or more. The term “construction activity” also includes a land disturbance of less than one (1) acre if part of a larger common plan of development or sale that disturbs, or is proposed to disturb, one (1) acre or more. Such activities include, but are not limited to, clearing and grubbing, grading, excavating and demolition.
CONSTRUCTION SITE:
Any parcel of land on which construction activity is performed.
DISCHARGE:
Any addition of a contaminant, pollutant or pollutants to the MS4, waters of the United State or a watercourse, including a “discharge of pollutant” as defined in 40 CFR § 122.2.
ENFORCEMENT OFFICIAL:
The City of Elko Environmental Coordinator, City Code Enforcement Officer, or any other City of Elko employee designated to serve as an Enforcement Official by the City Council to enforce the provisions of this Chapter.
EROSION CONTROL:
Any measure designed to prevent erosion.
GRADING:
The work of ensuring a level base, or one with a specified slope, for a construction work such as a foundation, the base course for a road or railway, or landscape and garden improvements, or surface drainage. Grading may involve excavation, placement of fill material, or both.
MUNICIPAL SEPARATE STORM SEWER SYSTEM (MS4):
A collection of structures (retention basins, ditches, underground pipes, etc.) owned and operated by the City and not connected to the sanitary sewer system that is designed to gather stormwater and discharge it, without treatment, into local streams and rivers.
MUNICIPAL SEPARATE STORM SEWER SYSTEM (MS4) PERMIT:
A permit allowing the City to legally discharge stormwater into local streams and rivers through the municipal separate storm sewer system.
NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM (NPDES) STORM WATER DISCHARGE PERMIT:
A permit issued by EPA (or by a state under authority delegated pursuant to 33 USC 1342(b)) that authorizes the discharge of pollutants to waters of the United States, whether the permit is applicable on an individual, group, or general areawide basis.
NON-STORM WATER DISCHARGE:
Any discharge to storm water conveyance system and/or storm water that is not composed entirely of storm water.
PERIMETER CONTROL:
A barrier that prevents sediment from leaving a site either by filtering sediment-laden runoff, or diverting it to a sediment trap or basin.
PERSON:
Any individual, association, organization, partnership, firm, corporation or other entity recognized by law and acting as either the owner or the owner's agent.
PHASING:
Clearing a parcel of land in distinct phases, with stabilization of each phase before clearing the next phase.
POLLUTANT:
Anything which causes or contributes to pollution either directly or indirectly. Pollutants may include, but are not limited to: sediment, petroleum products, paints, varnishes, and solvents; oil and other automotive fluids; nonhazardous liquid and solid wastes and yard wastes; refuse, rubbish, garbage, litter, or other discarded or abandoned objects, ordnances, and accumulations, so that the 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; site development of any kind; and noxious or offensive matter of any kind.
PREMISES:
Any building, lot, parcel of land, or portion of land, whether improved or unimproved, including adjacent sidewalks and parking strips.
RESPONDENT:
A person to whom a notice of violation, stop work order, citation or notice of civil infraction has been issued pursuant to this Chapter or a person who is formally accused by the City of violating this Chapter. The term "respondent" shall include any person defending a notice of violation, stop work order, citation, notice of civil infraction or complaint issued on the basis of a violation of this Chapter or who is otherwise subject to any punitive measure pursuant to this Chapter.
SEDIMENT CONTROL:
Any measure that prevents sediment from leaving the site.
STABILIZATION:
Any practice that prevents exposed soil from eroding.
START OF CONSTRUCTION:
The first land disturbing activity associated with development, including land preparation such as clearing, grading and filling, installation of streets and walkways, excavation for basements, footings, foundations, and erection of temporary forms.
STOP WORK ORDER:
An order issued by the Enforcement Official which requires that all sources and/or causes of a non- stormwater discharge or polluted stormwater, to include all activities not permitted required under an approved Stormwater Pollution Prevention Plan on a site, be stopped.
STORM WATER:
Any surface flow runoff, and drainage consisting entirely of water from any form of natural precipitation, and resulting from such precipitation.
STORMWATER CONSTRUCTION GENERAL PERMIT:
A permit issued by the Nevada Division of Environmental Protection for stormwater discharges associated with construction activity.
STORM WATER CONVEYANCE SYSTEM:
Publicly owned facilities by which storm water is collected and/or conveyed, 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 drainage channels, reservoirs, and any other drainage structures.
STORM WATER POLLUTION PREVENTION PLAN (SWPPP):
A document, approved by federal, state, or local agencies in accordance with federal, state, or local law, 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 storm water, storm water conveyance systems, and/or receiving waters to the maximum extent practicable and posted on-site.
WATERCOURSE:
Any drainage or structure through which water may pass or drain to any body of water, including, but not limited to, lakes, ponds, rivers, streams, and bodies of water which have been delineated by federal, state, or local agencies in accordance with federal, state, or local laws. (Ord. 863, 7-13-2021)
 

9-7-3: APPLICABILITY:

This Chapter regulates all water discharged from any construction site subject to an NPDES Construction Stormwater General Permit issued by the State of Nevada. Included in this regulations are protections against off-site impacts of erosion and sedimentation from construction sites, including prohibitions against polluting substances such as construction materials and waste. This Chapter also contains or incorporates regulations requiring on-site containment to prevent drainage or transportation by storm water into the MS4, a watercourse, or waters of the United States. The regulations further require that BMP’s be implemented at all construction sites. The performance standards set forth in the City "Construction Site Best Management Practices Handbook" (the “BMP Manual”) including addenda and updates, all of which are available for review and copying at the City offices, are hereby adopted by reference and incorporated herein for the purpose of establishing the appropriate BMPs and standards related thereto. (Ord. 863, 7-13-2021)

9-7-4: RESPONSIBILITY FOR ADMINISTRATION:

The City shall administer, implement, and enforce the provisions of this Chapter, to include delegating enforcement authority in a manner consistent herewith. (Ord. 863, 7-13-2021)

9-7-5: ULTIMATE RESPONSIBILITY:

The standards set forth herein and promulgated pursuant to this Chapter are minimum standards; therefore, compliance with this Chapter does not ensure that there will be no contamination, pollution, or unauthorized discharge of pollutants. The prevention of contamination, pollution, or unauthorized discharges of pollutants is the responsibility of each person subject to the applicable provisions of Title 9 of the City Code and federal and state law, and the holder of an NPDES permit or other permit pertaining to discharges. The acts and omissions of employees and agents in the course and scope of their employment or official duties shall be deemed the acts and omissions of their employers and principals, except as otherwise provided by law. (Ord. 863, 7-13-2021)

9-7-6:

   A.   A valid Stormwater Construction General Permit issued by the State is required for all projects that require grading, site development, building, site drainage, or encroachment that will disturb an area of one (1) acre or more or construction activities disturbing less than one (1) acre if part of a larger common plan of development or sale that would disturb one (1) acre or more (including public works projects).
   B.   Prior to issuance of any of the above referenced permits (grading, site development, building, site drainage, or encroachment), the following must be submitted to the Development Department for review:
      1.   Construction permit submittal checklist;
      2.   Performance standards compliance checklist;
      3.   Copy of a Notice of Intent (NOI) submitted to the Nevada Division of Environmental Protection;
      4.   Proof of acceptance of the NOI by the Nevada Division of Environmental Protection; and
      5.   Copy of the project SWPPP.
   C.   The City will issue a grading permit to an applicant only upon approval by the City of the items set forth in Section 9-7-6(B), to include a SWPPP that satisfies all applicable federal, state and City requirements.
   D.   The installation and maintenance of storm water controls shall comply with the City-approved SWPPP.
   E.   A person commits a violation of this Chapter by permitting, authorizing, directing or engaging in a construction activity without a valid Stormwater Construction General Permit issued by the State, unless otherwise exempt pursuant to the City Code or federal or state law. (Ord. 863, 7-13-2021)

9-7-7: REQUIREMENT TO PREVENT, CONTROL, AND REDUCE STORM WATER POLLUTANTS BY THE USE OF BEST MANAGEMENT PRACTICES:

Any person who engages in or is responsible for a construction activity, to include grading on a construction site, shall identify and implement BMPs consistent with the standards set for the City BMP manual. The City may require any person engaged in or responsible for a construction activity to implement additional structural and nonstructural BMPs to prevent the discharge of pollutants into the MS4, a watercourse, or waters of the United States. Compliance with all terms and conditions of a valid NPDES permit and/or Stormwater Construction General Permit authorizing the discharge of storm water associated with construction activity may, at the discretion of the City, be deemed equivalent to compliance with the provisions of this section. BMPs shall be included in a SWPPP if the BMPs are required for compliance with an NPDES permit and/or a Stormwater Construction General Permit. (Ord. 863, 7-13-2021)

9-7-8: INSPECTION:

   A.   The City may inspect any location where a construction activity is occurring in accordance with the provisions of this Section 9-7-8.
   B.   The owner or occupant of any property where a construction activity is occurring shall permit the City to enter and inspect the property to determine compliance with this Chapter and to take any enforcement action permitted under this Chapter.
   C.   In the event the City determines that a person holding a Stormwater Construction General Permit has not properly implemented an approved Storm Water Pollution Prevention Plan or that the Storm Water Pollution Prevention Plan requires modification to prevent the discharge or possible discharge of pollutants to the MS4, a watercourse, or waters of the United States, the City may grant the person a period not to exceed ten (10) calendar days to correct the identified deficiencies. If the City determines existing erosion, perimeter, or sediment controls are insufficient or place the City at risk of violating its NPDES permit, the City may order the person to remove, place, or modify the controls. The failure of a person to comply with an order issued pursuant to the preceding sentence shall, without limitation, be a violation of this Chapter.
   D.   A Stop Work Order may be issued to a person engaged in or responsible for a construction activity if the City determines that there is an unlawful or unpermitted discharge at the construction site.
   E.   A complaint of any violation of this Chapter that is submitted to the City shall be promptly investigated. (Ord. 863, 7-13-2021)

9-7-9: ENFORCEMENT:

   A.   Notice of Violation: In the event the City determines that a person has violated a prohibition or failed to meet a requirement of this Chapter, the City may compel compliance by serving a written Notice of Violation upon the discharger or the discharger’s agent or representative by certified mail, return-receipt requested. A Notice of Violation issued under this section shall require that the violation(s) be corrected within no more than ten (10) calendar days. A Notice of Violation issued under this section may require, without limitation:
      1.   That the acts or omissions resulting in a discharge immediately cease;
      2.   The abatement or remediation of storm water pollution or contamination hazards and the restoration of any affected property; and
      3.   The payment of a fine established by the Chapter or by resolution of the City Council to cover administrative and remediation costs; and
      4.   Implementation of source control or treatment BMPs.
   B.   Stop Work Order: In the event an unlawful or unpermitted discharge from a construction activity threatens the MS4, waters of the United States or a watercourse, or endangers the health or safety of any person, the City shall issue a Stop Work Order to the discharger, which shall be served by personal service upon the discharger or the discharger's agent or representative. If the discharger fails to obey the Stop Work Order immediately, the City shall take such action as may be necessary to insure compliance with this Chapter, including, but not limited to, submitting a request for the arrest of the discharger by a peace officer and/or an order for the immediate cessation of the discharger's ability to discharge, to include the immediate stoppage of all work at a construction site. For purposes of this section, an unpermitted discharge shall include a discharge from a construction site that has not implemented the proper source control or treatment BMPs. A Stop Work Order issued pursuant to this section shall remain in effect until the City determines that the respondent has completed all abatement, remediation, restoration activities and/or other requirements therein specified.
   C.   Deadline: If abatement of a violation and/or restoration of affected property is required, the Notice of Violation shall set forth a deadline within which such remediation or restoration must be completed. Should the respondent fail to perform the remediation or restoration therein specified by the deadline, the work may be done by the City or a designated governmental agency or contractor and the expense thereof shall be charged to the respondent.
   D.   Citations: The Environmental Enforcement Official or her or his designee shall have the authority to prepare, sign and serve written citations on persons accused of violating a provision of this Chapter where there is a criminal sanction. All citations so issued and served shall comply with the requirements of NRS 171.1773 and NRS 171.17751(5).
   E.   Civil liability instead of criminal sanction: Any person who violates this Chapter may be subject to civil liability to the City in an amount not to exceed $500 instead of a criminal sanction.
   F.   Civil liability; notice of civil infraction: The Environmental Enforcement Official or her or his designee may issue a notice of civil infraction to any person who violates this Chapter. The notice of violation must be issued on a form containing the following information:
      1.   The location where the violation occurred;
      2.   The date and time of the violation;
      3.   The signature of the Environmental Enforcement Official or other authorized person who issues the notice of civil infraction;
      4.   The section of this code that allegedly is being violated;
      5.    Information about the manner and time within which the notice of civil infraction must be answered;
      6.   The amount of the civil fine; and
      7.   Any other information relevant to the violation and applicable provisions of this Chapter.
   G.   Civil liability; duties of respondent:
      1.   A person who responds to a notice of civil infraction must either:
         a.   Admit the commission of the infraction and pay the appropriate civil fine; or
         b.   Deny liability for the infraction.
      2.   A person may admit commission of the infraction by paying to the municipal court the civil fine shown on the notice of civil infraction.
      3.   A person who denies liability for the infraction must appear in person before the municipal court.
   H.   Commencement of civil action; procedure: Judicial enforcement of a notice of civil infraction must be by way of a civil suit in the municipal court if a person denies liability. A civil action may be commenced by the filing of a complaint in the name of the City and the issuance of a summons with respect thereto, and service of such complaint and summons on the defendant must be made by certified mail, return receipt requested, addressed to the defendant at his/her last known address or in any other matter which is authorized by law. The proceedings in municipal court for actions commenced pursuant to this Chapter shall be governed by Rules 1 and 3 through 87 of the Justice Court Rules of Civil Procedure.
   I.   Civil Fines: A respondent who commits a civil infraction under this Chapter shall subject to a civil fine in the amount of $500.00 per infraction.
   J.   Lien: The City shall have a lien pursuant to NRS 108.222 on any property upon which work is performed by the City or its contractor in correcting a violation of this Chapter pursuant to this Section 9-7-9. The lien shall be calculated, perfected and enforced in accordance with NRS 108.221, et seq. (Mechanics' and Materialmen's Liens).
   K.   Withholding of Approvals: Should the City perform work on the installation, maintenance, or removal of stormwater control measures pursuant to this Section 9-7-9, the respondent shall reimburse the City the full amount of that expense prior to issuance of any permit, final approval or certificate of occupancy associated with property upon which the work is performed, and the City shall withhold all permits, final approvals and/or certificates of occupancy for the property or which have been requested by the respondent until the expense is fully reimbursed to the City. (Ord. 863, 7-13-2021)

9-7-10: APPEAL OF NOTICE OF VIOLATION AND/OR STOP WORK ORDER:

   A.   A Notice of Violation or Stop Work Order issued pursuant to this Chapter 7 shall include a written notice setting forth the respondent's appeal rights pursuant to this Section 9-7-10.
   B.   A respondent served with a Notice of Violation or Stop Work Order may, within fourteen (14) calendar days of service thereof, appeal the determination of the Enforcement Official to the City Manager by filing a "Notice of Appeal to the City Manager" with the City Clerk containing a statement of the basis for the appeal. The City Manager or the City Manager's designee shall schedule and conduct a hearing on the Notice of Violation or Stop Work Order within fourteen (14) calendar days thereafter, upon no less than seven (7) calendar days' advance notice to the respondent, unless otherwise agreed by the respondent and the City. At the hearing before the City Manager or the City Manager's designee, the respondent and the City shall each be given an opportunity to present arguments and evidence, to include witness testimony. The rules of evidence shall not apply. The City Manager or the City Manager's designee may terminate the hearing at a time determined in advance by the City Manager or the City Manager's designee, provided a reasonable time shall be given to permit the respondent and the City to present their respective arguments and evidence. The City Manager or City Manager's designee may terminate a hearing at any time upon a determination that the additional evidence and argument to be proffered by the respondent and the City will be duplicative or not relevant to the issues to be resolved. The City Manager or the City Manager's designee shall issue and serve a written decision upon the respondent with five (5) business days of the hearing.
   C.   A respondent may, within fourteen (14) calendar days of service thereof, appeal the decision of the City Manager or the City Manager's designee to the City Council by filing a "Notice of Appeal to the City Council" with the City Clerk containing a statement of the basis for the appeal. The City Council shall, within forty-five (45) calendar days thereafter, conduct a hearing on the decision of the City Manager or City Manager's designee. At the hearing before the City Council, the respondent and the City shall each be given an opportunity to present arguments and evidence, to include witness testimony. The rules of evidence shall not apply. The City Council may terminate the proceeding at a time determined in advance by the City Manager or the City Manager's designee, provided a reasonable time shall be given to permit the respondent and the City to present their respective arguments and evidence. The City Council may terminate a hearing at any time upon a determination that the additional evidence and argument to be proffered by the respondent and the City will be duplicative or not relevant to the issues to be resolved. The City Council shall render a decision at the hearing, to include a continuation thereof in the event the hearing is tabled.
   D.   Service upon the respondent for purposes of this Section 9-7-10 shall mean service by certified mail, return receipt requested.
   E.   A respondent to whom a Notice of Violation or Stop Work Order has been issued must comply with the requirements stated therein pending an appeal or appeals pursuant to this Section 9-7-10.
   F.   The failure of a respondent to appeal a decision within the times required in this Section 9-7-10 shall result in the waiver of those appeal rights.
   G.   The decision of the City Council at an appeal hearing pursuant to this Section 9-7-10 shall be final for purposes of judicial review. Any action for judicial review shall be commenced by filing a petition with the District Court for the Fourth Judicial District, in and for the County of Elko, State of Nevada, no more than thirty (30) calendar days from the date of the decision of the City Council at an appeal hearing pursuant to this Section 9-7-10. (Ord. 863, 7-13- 2021)

9-7-11: INJUNCTIVE RELIEF:

If a person has violated or continues to violate the provisions of this Chapter, the City may petition for a preliminary or permanent injunction restraining the person from activities which could create further violations or compelling the person to perform abatement or remediation of the violation. (Ord. 863, 7-13-2021)

9-7-12: VIOLATIONS DEEMED A PUBLIC NUISANCE:

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 hereby determined to be a threat to public health, safety, and welfare, and is declared and deemed a nuisance, and may be abated pursuant to the provision of Nevada Revised Statutes Chapter 268 or restored at the violator's expense, and/or civil action to abate, enjoin, or otherwise compel the cessation of such nuisance may be taken. The provisions of this Section 9-7-12 and the City Nuisance Code are in addition to and not in lieu of the other enforcement provisions set forth in this Chapter. (Ord. 863, 7-13-2021)

9-7-13: CRIMINAL PENALTIES:

Any person who has violated or continues to violate the requirements of this Chapter, to include any requirement set forth in a Notice of Violation or Stop Work Order issued under this Chapter shall be subject to a criminal penalty of one thousand dollars ($1,000.00). Each day a person violates this Chapter or remains in violation of this Chapter shall be a separate violation. In addition, any person who has violated or continues to violate this Chapter may be subject to criminal prosecution under federal or state laws.
The City may recover all attorney fees, court costs and other expenses incurred in the enforcement of this chapter, including sampling and monitoring expenses. (863, 7-13-2021)

9-7-14: REMEDIES NOT EXCLUSIVE:

The remedies listed in this Chapter are not exclusive of any other remedies available under any applicable federal, state or local law and it is within the discretion of the authorized enforcement agency to seek cumulative remedies. (863, 7-13-2021)

9-8-1: PURPOSE:

This Chapter implements the City's Post-Construction Stormwater Management BMP Program for new development and significant redevelopment (NDSR) projects as described in the City of Elko Stormwater Management Plan; Best Management Practices Manual, NPDES Post-Construction Stormwater Controls for New Development and Significant Re-Development Projects, City of Elko, Nevada and any subsequent revisions that are adopted by resolution of the City Council (the "BMP Manual"); and National Pollutant Discharge Elimination System (NPDES) General Permit for Discharges from Small Municipal Separate Storm Sewer Systems (Permit No. NVS040000 as of the date of enactment of this Ordinance). This Chapter furthers the City's goals of preventing downstream violations of water quality standards by pollutants of concern to the maximum extent practicable caused or contributed to by stormwater discharges from post-construction projects, and promoting the improvement of ambient water quality by reducing the discharge of pollutants in stormwater. (Ord. 863, 7-13- 2021)

9-8-2: DEFINITIONS:

As used in this Chapter, unless the context otherwise requires, the words and terms defined in this section shall have the following meanings ascribed to them:
ACCELERATED EROSION:
Erosion caused by development activities that exceeds the natural processes by which the surface of the land is worn away by the action of water, wind, or chemical action.
APPLICANT:
A person who has filed an NDSR Application.
BEST MANAGEMENT PRACTICES (BMPs):
Schedules of activities, prohibitions of practices, general good housekeeping practices, pollution prevention and educational practices, maintenance procedures, and other management practices to prevent or reduce the discharge of pollutants directly or indirectly to the MS4, a watercourse or waters of the United States, to include stormwater, receiving water, or stormwater conveyance systems. BMPs include treatment practices, operating procedures, and other practices to control site runoff, spillage or leaks, sludge or water disposal, or drainage from raw materials storage. BMPs may be structural or nonstructural.
BMP OWNER:
Any person, such as a property owner or developer, who seeks to own, operate, conduct, develop or maintain a Project.
CHANNEL:
A natural or artificial watercourse with a definite bed and banks that conducts continuously or periodically flowing water.
CITY:
The City of Elko, Nevada, to include its departments, agencies, officials and employees.
CLEAN WATER ACT:
The Clean Water Act (formerly referred to as the Federal Water Pollution Control Act or Federal Water Pollution Control Act Amendments of 1972) Pub. L. 92-500, as amended Pub. L. 95-576, Pub. L. 96-483 and Pub. L. 97-117, 33 U.S.C. 1251 et seq.
DEDICATION:
The appropriation of land, or an easement or other interest therein, by the owner, for the use of the public, and accepted for such use by or on behalf of the public.
DETENTION:
The temporary storage of storm runoff as part of a stormwater management practice with the goals of controlling peak discharge rates and providing gravity settling of pollutants.
DETENTION FACILITY:
A detention basin or alternative structure designed for the purpose of temporary storage of stream flow or surface runoff and gradual release of stored water at controlled rates.
DEVELOPER:
A person who undertakes land disturbance activities.
DEVELOPMENT:
Any disturbance of land including clearing, grubbing, or grading in addition to the construction of facilities. "Development" does not include “construction activities” as that term is defined in Elko City Code Section 9-7-2, tenant improvements or other similar building improvements not involving site work.
DEVELOPMENT DEPARTMENT:
The City of Elko Development Department or any other City of Elko department appointed to implement and/or enforce the provisions of this Chapter.
DISCHARGE:
Any addition of a contaminant, pollutant or pollutants to the MS4, waters of the United States or a watercourse, including a "discharge of pollutant" as defined in 40 CFR § 122.2.
DRAINAGE EASEMENT:
The right to use the land of another for the removal or conveyance of stormwater.
ENFORCEMENT OFFICIAL:
The City of Elko Environmental Coordinator, City Code Enforcement Officer, or any other City of Elko employee appointed to serve as an Enforcement Official by the City Council to enforce the provisions of this Chapter.
EROSION AND SEDIMENT CONTROL PLAN:
A plan designed to minimize accelerated erosion and sediment runoff at a development.
EROSION CONTROL:
Any measure that designed to prevent erosion.
FACILITY:
A Stormwater Facility, On Site Facility or Off Site Facility.
HYDROLOGIC SOIL GROUP (HSG):
A natural resource conservation service (USDA-NRCS) classification system in which soils are categorized into four (4) runoff potential groups. The groups range from "A" soils, with high permeability and little runoff production, to "D" soils, which have low permeability rates and produce much more runoff.
IMPERVIOUS COVER:
Those surfaces that cannot effectively infiltrate rainfall (e.g., building rooftops, pavement, sidewalks, driveways, etc.).
INDUSTRIAL STORMWATER PERMIT:
A National Pollutant Discharge Elimination System (NPDES) permit issued to a commercial industry or group of industries which regulates the pollutant levels associated with industrial stormwater discharges or specifies on site pollution control strategies.
INFILTRATION:
The process of percolating stormwater into the subsoil.
JURISDICTIONAL WETLAND:
An area that is inundated or saturated by surface water or groundwater at a frequency and duration sufficient to support a prevalence of vegetation typically adapted for life in saturated soil conditions, commonly known as hydrophytic vegetation.
LAND DISTURBANCE ACTIVITY:
Any activity that increases the volume or peak flow discharge rate of rainfall runoff from the land surface. This may include grading, grubbing, digging, cutting, scraping, or excavating the soil; also included within the definition of "land disturbance activity" are compaction, placement of fill materials, paving, construction, substantial removal of vegetation, or any activity which bares soil or rock or involves the diversion or piping of any natural or manmade watercourse.
LANDOWNER:
One who is recognized and held responsible by the law as the owner of real property.
LOW IMPACT DEVELOPMENT (LID):
LID features are considered public domain treatment controls. LID is an approach to land development or redevelopment that works to manage stormwater close to its source. LID employs principles and techniques used in designing sites (starting from site layout, and grading and compaction phases of construction) that disturb only the smallest area necessary, minimize soil compaction and imperviousness, preserve natural drainages, vegetation and buffer zones, and utilize on-site stormwater treatment techniques. LID sites reduce and compensate for a development's impact(s) on hydrology and water quality. Rather than conventional hardpiping from impervious surfaces, implementing LID principles and practices, stormwater can be managed in a way that reduces the impact of built-up areas and promotes the natural movement of stormwater within an ecosystem or watershed. Applied on a broad scale, LID can support and promote a watershed's hydrologic and ecological functions.
MAXIMUM EXTENT PRACTICABLE (MEP):
Refers to the technology-based discharge standard for MS4s to reduce pollutants in stormwater discharges established by CWA § 402(p).
MUNICIPAL SEPARATE STORM SEWER SYSTEM (MS4):
A collection of structures (retention basins, ditches, underground pipes, etc.) owned and operated by the City and not connected to the sanitary sewer system that is designed to gather stormwater and discharge it, without treatment, into local streams and rivers.
NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM (NPDES) STORM WATER DISCHARGE PERMIT:
A permit issued by EPA (or by a state under authority delegated pursuant to 33 USC 1342(b)) that authorizes the discharge of pollutants to waters of the United States, whether the permit is applicable on an individual, group, or general areawide basis.
NDSR APPLICATION:
A document submitted to the City requesting permission to engage in an NDSR, subject to approval of a PSQMP and execution of an O&M Contract. Approval of the NDSR Application, without more, does not constitute approval by the City to engage in an NDSR.
NEW DEVELOPMENT OR SIGNIFICANT REDEVELOPMENT (NDSR):
Land-disturbing activities, structural development, redevelopment and/or creation of impervious surfaces on a site, whether or not the site was previously developed.
NONPOINT SOURCE POLLUTION:
A source of waterborne sediments, nutrients or organic and toxic substances originating from activities involving the use of land, such as agriculture, mining, forestry, urban development or construction. The term does not include a discharge at a specific, single location such as a pipe.
NONSTRUCTURAL BMP:
Refers to techniques that aim to change human behavior to reduce the amount of pollutants that enter stormwater systems (pollution prevention). Nonstructural measures may include minimization and/or disconnection of impervious surfaces, development design that reduces the rate and volume of runoff, public outreach and education, and/or restoration or enhancement of natural areas. A list of nonstructural BMPs is shown in Table 6-1 of the BMP Manual.
OFF-SITE FACILITY:
A stormwater management measure located outside the subject property boundary and described in the application submittal for land development activity.
ON-SITE FACILITY:
A stormwater management measure located within the subject property boundary and described in the application submittal for land development activity.
OPERATIONS AND MAINTENANCE (O&M) CONTRACT:
A recorded legally-binding agreement between the City and a BMP Owner that acts as a property deed restriction, and which provides for long term maintenance of stormwater management practices. The O&M Contract serves to document the agreed upon maintenance schedule and commitment by the BMP Owner to perform maintenance.
PERMIT:
The current National Pollutant Discharge Elimination System (NPDES) General Permit for Discharges from Small Municipal Separate Storm Sewer Systems, (Permit No. NVS040000 at the time of enactment of this Ordinance), issued to the City of Elko and other public entities.
PERSON:
Any individual, association, organization, partnership, firm, corporation or other entity recognized by law and acting as either the owner or the owner's agent.
POSTCONSTRUCTION STORMWATER:
A term used to distinguish stormwater practices used during site construction (otherwise known as "construction stormwater" or "erosion and sediment control") from those that are used on a permanent basis to control runoff once construction is complete and a Notice of Termination has been approved by the Nevada Division of Environmental Protection (NDEP).
POSTCONSTRUCTION STORMWATER QUALITY MANAGEMENT PLAN (PSQMP):
A document which describes the BMPs and activities to be implemented by a person or business at a development to preserve the integrity of the MS4, waters of the United States and watercourses, including maintenance and protection of the physical, biological, and chemical qualities of watercourses; to prevent an increase in the rate of stormwater runoff; to minimize any increase in stormwater runoff volume; to minimize impervious (i.e. paved) areas; to maximize the protection of existing drainage features and existing vegetation; to minimize land clearing and grading; to minimize soil compaction; and to use other structural or nonstructural BMPs that prevent or minimize changes in stormwater runoff. As used in this Chapter, a PSQMP shall be equivalent to and shall meet the requirements applicable to an "operations and maintenance plan" as that term is used in the BMP Manual.
PROJECT:
An NDSR or any "project" listed in Subsection 3.2.1 (Project Applicability) (together with any amendments thereto) of the BMP Manual.
RECHARGE:
A hydrologic process where water moves downward from surface water to groundwater.
REDEVELOPMENT:
Development, rehabilitation, expansion, or demolition that disturbs the ground surface or increases the impervious area on a previously developed or disturbed site.
RESPONDENT:
A person to whom a notice of violation, citation or notice of civil infraction has been issued pursuant to this chapter or a person who is formally accused by the City of violating this chapter. The term "respondent" shall include any person defending a notice of violation, citation, notice of civil infraction or complaint issued on the basis of a violation of this chapter or who is otherwise subject to any punitive measure pursuant to this chapter.
REVEGETATION:
The recreation of plant communities that cannot be easily distinguished from the healthy native plant communities surrounding them or in their general proximity.
SOURCE CONTROL:
Techniques that aim to reduce the quantity and improve the quality of stormwater at or near its source by using infrastructure, natural physical resources or changes in practices.
STORMWATER:
Any surface flow runoff, and drainage consisting entirely of water from any form of natural precipitation, and resulting from such precipitation.
STORMWATER BMP:
A generic term used interchangeably with "stormwater practice" or "stormwater treatment practice." Stormwater BMPs can be either "structural" or "nonstructural."
STORMWATER CONVEYANCE SYSTEM:
Publicly owned facilities by which stormwater is collected and/or conveyed, 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 humanmade drainage channels, reservoirs and any other drainage structures.
STORMWATER MANAGEMENT:
The use of structural or nonstructural practices that are designed to reduce stormwater runoff pollutant loads, discharge volumes, peak flow discharge rates and detrimental changes in stream temperature that affect water quality and habitat.
STORMWATER MANAGEMENT PROGRAM (SWMP):
A comprehensive program to manage the quality of stormwater discharged from the MS4.
STORMWATER TREATMENT DEVICE:
An invention, contrivance or machine designed to capture pollutants and contaminants from surface water runoff before they reach the MS4, waters of the United States, a watercourse or a body of water.
STRUCTURAL BMPS OR STRUCTURAL TREATMENT CONTROLS:
Public domain treatment controls or manufactured (proprietary) treatment controls. Public domain treatment controls are those that can be designed by an engineer and have been implemented and tested by numerous communities through the nation. Manufactured (proprietary) treatment controls are patented devices that have been engineered and constructed by private companies. In either case, engineering plans must be developed. A list of structural BMPs is shown in Table 7-1 of the BMP Manual (together with any amendments thereto). A list of manufactured (proprietary) treatment controls is shown in Table 8-1 of the BMP Manual (together with any amendments thereto).
WATER QUALITY VOLUME (WQv):
The storage needed to capture and treat ninety percent (90%) of the average annual stormwater runoff volume. Numerically, WQv will vary as a function of long term rainfall statistical data.
WATERCOURSE:
Any drainage or structure through which water may pass or drain and any body of water, including, but not limited to, lakes, ponds, rivers, streams, and bodies of water which have been delineated by federal, state, or local agencies in accordance with federal, state, or local laws.
 
In the event a terms used in this Chapter is not defined in this Chapter, but is defined in another Chapter in this Title 9, the definition contained in the other Chapter shall apply. (Ord. 863, 7-13-2021)

9-8-3: APPLICABILITY:

This Chapter applies to all Projects during planning, design and/or construction. (Ord. 863, 7-13-2021)

9-8-4: RESPONSIBILITY FOR ADMINISTRATION AND COMPLIANCE:

The Development Department shall implement and enforce this Chapter through the Development Application and PSQMP review processes, the enforcement provisions of this Chapter and an Operations and Maintenance (O&M) Contract. Projects that do not satisfy the requirements of this Chapter (including those portions of the SWMP, BMP Manual and Permit that are incorporated herein by reference), will not receive approval by the Development Department and may not commence or proceed. Development Department approval of the PSQMP is required for final approval by the City.
This Chapter incorporates portions of the SWMP, BMP Manual and Permit by reference. These documents are available for inspection and copying during normal business hours at the office of the City of Elko Environmental Coordinator, 1751 College Avenue, Elko, Nevada. References to the BMP Manual and Permit shall include any subsequent amendments thereto, to include renumbered or retitled provisions containing the applicable substantive requirements.
The standards set forth herein and promulgated pursuant to this Chapter are minimum standards; therefore, compliance with this Chapter does not ensure that there will be no contamination, pollution, nor unauthorized discharge of pollutants. The prevention of contamination, pollution, or unauthorized discharges of pollutants is the responsibility of each person subject to the applicable provisions of Title 9 of the City Code, federal and state law, and the holder of an NPDES permit or other permit pertaining to discharges. The acts and omissions of employees and agents in the course and scope of their employment or official duties shall be deemed the acts and omissions of their employers and principals, except as otherwise provided by law. (Ord. 863, 7-13-2021)

9-8-5: NDSR APPLICATION, POSTCONSTRUCTION STORMWATER QUALITY MANAGEMENT PLAN (PSQMP) REVIEW AND O&M CONTRACT:

   A.   Project Requirements: No Project subject to this Chapter, the BMP Manual, or the Permit shall commence or continue unless:
      1.   A properly completed NDSR Application has been approved by the Development Department;
      2.   A PSQMP has been (a) determined to satisfy the requirements of this Chapter, (b) approved by the Development Department and (c) recorded with the Elko County Recorder; and
      3.   An O&M Contract has been (a) executed by the BMP Owner and the City and (b) recorded with the Elko County Recorder.
   B.   NDSR Application: The NDSR Application shall be submitted on a form provided by the City and shall contain the following information:
      1.   The name, address, telephone number and email address of the BMP Owner.
      2.   A detailed description of the Project of the potential impacts that the NDSR will have on the City, specifically related to stormwater quantity and quality, including supporting documentation and all information needed to complete the forms in the Appendix of the BMP Manual.
   C.   PSQMP: The PSQMP shall be written by a design engineer or plan designer and contain the following:
      1.   Identification of:
         (a)   The BMP Owner(s);
         (b)   The parties or parties responsible for operation and maintenance of the BMPs; and
         (c)   Source(s) of funding for continued operation and maintenance of the BMP(s).
      2.   A schedule for BMP implementation, maintenance and monitoring consistent with the requirements and guidelines set forth in the SWMP, the BMP Manual (to include, without limitation, Subsection 3.2.6) and the Permit (together with any amendments to the applicable provisions in either document).
      3.   A description of the Stormwater Facility and its components, inspection priorities, an inspection schedule for each component, a description of routine and infrequent maintenance tasks, and a schematic for each BMP consistent with the requirements and guidelines set forth in the BMP Manual.
      4.   The planning and design principles described in Section 4 of the BMP Manual.
      5.   Any further actions required by the City to bring BMPs into compliance with applicable standards.
      6.   As-built plans for any Stormwater Facilities located on-site after final construction is completed.
      7.   The elements described in Subpart VI.E. of the Permit (together with any amendments thereto).
   D.   O&M Contract Elements: The O&M Contract shall contain the following elements:
      1.   The contract document signed by the BMP Owner and the City containing the terms and conditions set forth in this section;
      2.   The PSQMP; and
      3.   A drawing of easements on a system location map with sufficient detail and accuracy to enable the City or the BMP Owner to locate the BMPs.
   E.   O&M Contract Terms and Conditions: The O&M Contract shall contain the following terms and conditions:
      1.   The BMP Owner shall (a) provide for adequate long-term maintenance and continuation of the stormwater control measures (including the BMPs and/or Stormwater Facility) described in the PSQMP and shown on an attached location map, deed of easement or drawing, and (b) ensure that the BMPs and/or Stormwater Facility are and remain in proper working condition in accordance with the SWMP, approved design standards, rules and regulations, and applicable laws.
      2.   The BMP Owner shall inspect and perform preventative maintenance activities at intervals described in the inspection schedule included in the O&M Contract and/or PSQMP, together with ongoing and regular landscaping and trash removal as needed.
      3.   The BMP Owner shall submit an annual report to the City according to a schedule established by the City in the O&M Contract. The report shall include the PSQMP (together with any amendments or revisions thereto) documenting the inspection schedule; times of inspection; remedial actions taken to repair, modify or reconstruct the BMPs and/or Stormwater Facility; the state of control measures; and notification of any planned change in the responsibility for the BMPs and/or Stormwater Facility.
      4.   The BMP Owner shall grant to the City or its agent or contractor the right of entry at reasonable times and in a reasonable manner for the purpose of inspecting, operating, installing, constructing, reconstructing, maintaining or repairing the BMPs and/or Stormwater Facility.
      5.   The BMP Owner shall grant to the City the necessary easements and rights-of-way to maintain perpetual access from public rights-of-way to the BMPs and/or Stormwater Facility by the City or its agent or contractor.
      6.   If, upon inspection, the City finds that the BMP Owner has failed to properly maintain the BMPs and/or Stormwater Facility, the City may order the work performed within thirty (30) days. In the event the work is not performed within the specified time, the BMP Owner agrees to allow the City to enter the property and take whatever steps it reasonably deems necessary to maintain the BMPs and/or Stormwater Facility. This provision shall not be construed to allow the City to erect any structure of a permanent nature on land owned by the BMP Owner without first obtaining the BMP Owner's written approval.
      7.   The City is not required to maintain or repair the BMPs and/or Stormwater Facility. The BMP Owner shall reimburse the City upon demand for its costs incurred in the maintenance of the BMPs and/or Stormwater Facility.
      8.   If the BMP Owner fails to pay the City for the above costs within fourteen (14) calendar days of receipt of written demand therefor, the BMP Owner authorizes the City to recover the cost from the BMP Owner through appropriate legal action and the BMP Owner will be liable for the reasonable expenses of collection, court costs and attorney fees.
      9.   The BMP Owner and its heirs, administrators, executors, assigns and successors in interest shall defend, indemnify and hold harmless the City and its officers, agents and employees from and against any and all damages, accidents, casualties, occurrences, claims, suits, actions, costs or attorney's fees which might arise or be asserted, in whole or in part, against the City from the construction, presence, existence or maintenance of the BMPs and/or Stormwater Facilities subject to the O&M Contract. In the event a claim is asserted against the City, its officers, agents or employees, the City shall notify the BMP Owner and the BMP Owner shall indemnify and defend at the BMP Owner's expense any suit based on the claim. If any judgment or claim against the City, its officers, agents or employees is allowed, the BMP Owner will pay all costs and expenses in connection therewith. The City will not indemnify, defend or hold harmless the BMP Owner from any claims arising from any failure of a BMP and/or Stormwater Facility, regardless of any language in any document the BMP Owner may prepare or provide.
      10.   The BMP Owner shall not transfer, assign or modify its responsibilities with respect to the O&M Contract without the City's prior written consent.
      11.   No waiver of any provision of the O&M Contract shall affect the right of any party to thereafter enforce such a provision or to exercise any right or remedy available.
      12.   The BMP Owner shall record a map showing and accurately defining the easements for BMPs and/or Stormwater Facilities. The map must (a) reference the County Recorder's book and page numbers where the O&M Contract and its attachments are recorded and (b) contain a note stating that the BMP Owner is responsible for maintaining the BMPs and/or Stormwater Facilities.
      13.   The BMP Owner shall record the O&M Contract (including attachments) with the Elko County Recorder and the O&M Contract (including attachments) shall constitute a covenant running with the land and shall be binding upon the BMP Owner and the BMP Owner's heirs, administrators, executors, assigns and successors in interest. (Ord. 863, 7-13-2021)

9-8-6: PUBLIC WORKS PROJECTS:

In the event a Project subject to this Chapter is a public works project pursuant to NRS Chapter 338, in addition to the other requirements of this Chapter, the Enforcement Official or her or his designee may inspect the Project periodically throughout the course of the work thereon to verify compliance with this Chapter, the PSQMP and O&M Contract. The results of all such inspections shall be reported to the City of Elko Public Works Department and City Manager. The remedies provided under this Chapter or an O&M Contract shall be in addition to any remedies provided under a public works contract. (Ord. 863, 7-13-2021)

9-8-7: ENFORCEMENT:

   A.   Notice of Violation: In addition to any remedies provided under the O&M Contract, in the event the City determines that a person has violated a prohibition or failed to meet a requirement of this Chapter 8, to include applicable portions of the BMP Manual incorporated herein or an approved PSQMP, the City may compel compliance by serving a written Notice of Violation upon the BMP Owner or the BMP Owner's agent or representative by certified mail, return-receipt requested. A Notice of Violation issued under this section may require, without limitation:
      1.   That the acts or omissions resulting in a discharge cease immediately or no later than a specified date;
      2.   The abatement or remediation of stormwater pollution or contamination hazards and the restoration of any affected property; and
      3.   The payment of a fine established by this Chapter or by resolution of the City Council to cover administrative and remediation costs; and/or
      4.   Implementation of BMPs.
   B.   Deadline: If abatement of a violation and/or restoration of affected property is required, the Notice of Violation shall set forth a deadline by which such remediation or restoration must be completed. Should the respondent fail to perform the remediation or restoration therein specified by the deadline, the work may be done by the City or a designated governmental agency or contractor and the expense thereof shall be charged to the respondent.
   C.   Citations: The Enforcement Official or her or his designee shall have the authority to prepare, sign and serve written citations on persons accused of violating a provision of this Chapter where there is a criminal sanction. All citations so issued and served shall comply with the requirements of NRS 171.1773 and NRS 171.17751(5).
   D.   Civil liability instead of criminal sanction: In addition to any remedies provided under the O&M Contract, any person who violates this Chapter may be subject to civil liability to the City in an amount not to exceed $500 instead of a criminal sanction.
   E.   Civil liability; notice of civil infraction: The Enforcement Official or her or his designee may issue a Notice of Civil Infraction to any person who violates this Chapter. The Notice of Civil Infraction must be issued on a form containing the following information:
      1.   The location where the violation occurred;
      2.   The date and time of the violation;
      3.   The signature of the Enforcement Official or other authorized person who issues the Notice of Civil Infraction;
      4.   The section of this Chapter that allegedly is being violated;
      5.   Information about the manner and time within which the Notice of Civil Infraction must be answered;
      6.   The amount of the civil fine; and
      7.   Any other information relevant to the violation and applicable provisions of this Chapter.
   F.   Civil liability; duties of respondent:
      1.   A person who responds to a notice of civil infraction must either:
         a.   Admit the commission of the infraction and pay the appropriate civil fine; or
         b.   Deny liability for the infraction.
      2.   A person may admit commission of the infraction by paying to the municipal court the civil fine shown on the notice of civil infraction.
      3.   A person who denies liability for the infraction must appear in person before the municipal court.
   G.   Commencement of civil action; procedure: Judicial enforcement of a notice of civil infraction must be by way of a civil suit in the municipal court if a person denies liability. A civil action may be commenced by the filing of a complaint in the name of the City and the issuance of a summons with respect thereto, and service of such complaint and summons on the defendant must be made by certified mail, return receipt requested, addressed to the defendant at his or her last known address or in any other matter which is authorized by law. The proceedings in municipal court for actions commenced pursuant to this chapter shall be governed by Rules 1 and 3 through 87 of the Justice Court Rules of Civil Procedure.
   H.   Civil Fines: A respondent who commits a civil infraction under this Chapter shall subject to a civil fine in the amount of $500.00 per infraction.
   I.   Lien: The City shall have a lien pursuant to NRS 108.222 on any property upon which work is performed by the City or its contractor in correcting a violation of this Chapter pursuant to this Section 9-8-6. The lien shall be calculated, perfected and enforced in accordance with NRS 108.221, et seq. (Mechanics' and Materialmen's Liens).
   J.   Withholding of Approvals: Should the City perform work on the installation, maintenance, or removal of stormwater control measures pursuant to this Section 9-8-6, the respondent shall reimburse the City the full amount of that expense prior to issuance of any permit, final approval or certificate of occupancy associated with property upon which the work is performed, and the City shall withhold all permits, final approvals and/or certificates of occupancy for the property or which have been requested by the respondent until the expense is fully reimbursed to the City. (Ord. 863, 7-13-2021)

9-8-8: APPEAL OF NOTICE OF VIOLATION:

   A.   A Notice of Violation issued pursuant to this Chapter 8 shall include a written notice setting forth the respondent's appeal rights pursuant to this Section 9-8-8.
   B.   A respondent served with a Notice of Violation, within fourteen (14) calendar days of service thereof, may appeal the determination of the Enforcement Official to the City Manager by filing a "Notice of Appeal to the City Manager" with the City Clerk containing a statement of the basis for the appeal. The City Manager or the City Manager's designee shall schedule and conduct a hearing on the Notice of Violation within fourteen (14) calendar days thereafter, upon no less than seven (7) calendar days' advance notice to the respondent, unless otherwise agreed by the respondent and the City. At the hearing before the City Manager or the City Manager's designee, the respondent and the City shall each be given an opportunity to present arguments and evidence, to include witness testimony. The rules of evidence shall not apply. The City Manager or the City Manager's designee may terminate the hearing at a time determined in advance by the City Manager or the City Manager's designee, provided a reasonable time shall be given to permit the respondent and the City to present their respective arguments and evidence. The City Manager or City Manager's designee may terminate a hearing at any time upon a determination that the additional evidence and argument to be proffered by the respondent and the City will be duplicative or not relevant to the issues to be resolved. The City Manager or the City Manager's designee shall issue and serve a written decision upon the respondent with five (5) business days of the hearing.
   C.   A respondent may, within fourteen (14) calendar days of service thereof, appeal the decision of the City Manager or the City Manager's designee to the City Council by filing a "Notice of Appeal to the City Council" with the City Clerk containing a statement of the basis for the appeal. The City Council shall, within forty-five (45) calendar days thereafter, conduct a hearing on the decision of the City Manager or City Manager's designee. At the hearing before the City Council, the respondent and the City shall each be given an opportunity to present arguments and evidence, to include witness testimony. The rules of evidence shall not apply. The City Council may terminate the proceeding at a time determined in advance by the City Manager or the City Manager's designee, provided a reasonable time shall be given to permit the respondent and the City to present their respective arguments and evidence. The City Council may terminate a hearing at any time upon a determination that the additional evidence and argument to be proffered by the respondent and the City will be duplicative or not relevant to the issues to be resolved. The City Council shall render a decision at the hearing, to include a continuation thereof in the event the hearing is tabled.
   D.   Service upon the respondent for purposes of this Section 9-8-8 shall mean service by certified mail, return receipt requested.
   E.   A respondent to whom a Notice of Violation has been issued must comply with the requirements stated therein pending an appeal or appeals pursuant to this Section 9-8-8.
   F.   The failure of a respondent to appeal a decision within the times required by this Section 9-8-8 shall result in the waiver of those appeal rights.
   G.   The decision of the City Council at an appeal hearing pursuant to this Section 9-8-8 shall be final for purposes of judicial review. Any action for judicial review shall be commenced by filing a petition with the District Court for the Fourth Judicial District, in and for the County of Elko, State of Nevada, no more than thirty (30) calendar days from the date of the decision of the City Council at an appeal hearing pursuant to this Section 9-8-8. (Ord. 863, 7-13-2021)

9-8-9: INJUNCTIVE RELIEF:

If a person has violated or continues to violate the provisions of this chapter, the City agency may petition for a preliminary or permanent injunction restraining the person from activities which could create further violations or compelling the person to perform abatement or remediation of the violation. (Ord. 863, 7-13- 2021)

9-8-10: VIOLATIONS DEEMED A PUBLIC NUISANCE:

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 hereby determined to be a threat to public health, safety, and welfare, and is declared and deemed a nuisance, and may be abated pursuant to the provision of Nevada Revised Statutes Chapter 268 or restored at the violator's expense, and/or civil action to abate, enjoin, or otherwise compel the cessation of such nuisance may be taken. The provisions of this Section 9-8-10 and the City Nuisance Code are in addition to and not in lieu of the other enforcement provisions set forth in this Chapter 8. (Ord. 863, 7-13-2021)

9-8-11: CRIMINAL PENALTIES:

Any person who has violated or continues to violate the requirements of this Chapter, to include any requirement set forth in a Notice of Violation issued under this Chapter, shall be subject to a criminal penalty of one thousand dollars ($1,000.00). Each day a person violates this Chapter or remains in violation of this Chapter shall be a separate violation. In addition, any person who has violated or continues to violate this Chapter may be subject to criminal prosecution under federal or state laws. The City may recover all attorney fees, court costs and other expenses incurred in the enforcement of this Chapter, including sampling and monitoring expenses. (Ord. 863, 7-13-2021)

9-8-12: REMEDIES NOT EXCLUSIVE:

The remedies listed in this Chapter are not exclusive of any other remedies available under any applicable federal, state, or local law and it is within the discretion of the authorized enforcement agency to seek cumulative remedies. (Ord. 863, 7-13-2021)