SECTION 1 – CONDITIONS OF SERVICE

1.1.1. These Service Rules are adopted by the Board of Trustees and enacted pursuant to NRS Chapter 318, and supersede all resolutions previously adopted establishing the terms and conditions for customers to connect to the District’s public sanitary sewer system.

1.1.2. The District furnishes sanitary sewer service only in compliance with these Service Rules.

1.1.3. The District hereby reserves its authority under NRS Chapter 318, as necessary, to increase or decrease any rates, fees, and charges and to amend these Service Rules. Every application for sanitary sewer service shall be governed by the rates, fees, and charges in effect at the time such application is made.

1.1.4. Each customer shall pay all fees, and charges at the rate applicable to the customer’s property as provided in these Service Rules for as long as the property is connected to the publicly owned treatment works (POTW).

1.1.5. The owner of each parcel of land is responsible for any wastewater flows originating on the parcel(s) which are generated by any person from any source.

1.1.6. A customer receives sanitary sewer service at all times following compliance with Subsection 1.3.2.

1.1.7. The customer shall notify the District prior to any changes in use, ownership, operation, authorized agent, billing address, or installation or removal of any billing units. The customer shall pay any applicable unpaid charges including connection fees, from the date of the change. Removal by the customer of any billing unit requires an inspection and approval by the District, prior to adjustment of the annual service charge.

1.1.8. Service Area: The District’s service area is unincorporated Clark County (as shown in Appendix A) and to parcels located outside the service area if approved by the District.

1.1.9. The customer is responsible for any needed maintenance, repair or replacement of the lateral from the structure to the point of connection to the POTW.

1.1.10. Pursuant to NRS 318.170, the District may cause connection of an on-site individual sewage disposal system, provided capacity is available and any part of the District main line is within four hundred (400) feet of any occupied dwelling which is used for residential, commercial, or industrial use and the appropriate regulatory authority determines that the individual sewage disposal system serving the occupied dwelling:

a. exceeds its original permitted capacity; or,

b. is unhealthful; or,

c. negatively impacts return flow credits, associated with returning treated effluent to Lake Mead; or,

d. adversely impacts groundwater quality.

All costs associated with the connection are the responsibility of the customer.
 
1.1.11. Damage to Property: The District will not be liable for damage, as a result of wastewater running from open or faulty laterals, lines or fixtures located on the customer’s property.

1.1.12. Access to POTW

a. Landscaping, fencing, structures, overhead utilities, or other fixed or movable obstructions which blocks, prevents, hampers, or restricts free and easy access to District facilities for work of any nature are not allowed. The customer shall be liable for costs incurred in removing such items. When the obstruction is discovered, the District will issue a notice of violation to the customer directing correction of the condition within thirty (30) calendar days. If corrective action is not taken, the District may remove the obstruction, at the sole expense of the customer. In the event of a required immediate response, the District has the right to cause the obstruction to be removed without notice and all related costs are the customer’s responsibility.

b. Subject to prior District approval, and at the customer’s option, District facilities may be relocated by a contractor of the customer’s choice at the sole expense of the customer and in compliance with the design criteria, and other applicable requirements.

1.1.13. Access to Private Property

a. When the customer fails to take prompt corrective action, the District shall have the right to access private property which is served by the District to contain or mitigate a leak, spill, or prohibited discharge, as referenced in Subsection B.1.2, or repair a lateral when the District determines any of the following exists:

i. An emergency condition; or

ii. A sanitary sewer blockage, sanitary sewer overflow (SSO), obstruction, interference, damage, or other impairment to the POTW will occur; or

iii. Any discharge of a waste which may cause or contribute to violation of the discharge permit.

b. If the District exercises its option to take such action on private property, the District will report the incident to the Chief Health Officer of the Southern Nevada Health District. All expenses incurred by the District on the private property and the public right-of-way shall be recoverable from the customer.

c. District employees are prohibited from entering upon private property to engage in repair or alteration of the customer’s piping and fixtures, unless specifically authorized by the General Manager.

d. Upon the presentation of District-issued identification, and pursuant to NRS 318.165, and 40 CFR 403.8(f) District employees have the right to immediate access to a public sewer easement, public right-of-way and private property served by the District, at all reasonable times for the purposes of meter reading, monitoring, inspection, independent sampling, records examination, and copying, or in the performance of any other duty related to these Service Rules. No person shall prevent access to any privately owned structure served by the District, or any District owned appurtenance, equipment, or other part of the POTW. Private property owners serviced by the District shall take reasonable precautions to ensure safe conditions exist for District employees to perform their on-site duties. Unreasonable delays in allowing District employees access to the privately owned structures served by the District shall be considered a violation of these Service Rules.

1.1.14. Lateral Repairs:

a. District approval is required, in advance of a lateral repair, where the repair is located within the public sewer easement or public right-of-way. The repair must be inspected in the presence of a District employee. Should the public right-of-way holder not allow the customer to make repairs within that right-of-way, the District may do so. All expenses, if any, incurred by the District shall be recoverable from the customer.

b. The District may disconnect and reconnect an existing, authorized lateral located in a public sewer easement or the public right-of-way, when maintaining and/or repairing a main line to which the lateral is connected without incurring any liability to the customer. The customer will be notified in advance of any sewer service disruption. Reconnection of the lateral to the main line will be made in the presence of a District employee.

1.1.15. Any person who knowingly or negligently makes any false statements, representation or certification in any application, record, report, plan, disposal record or other document made, filed or required to be maintained pursuant to these Service Rules, or who falsifies, tampers with, or knowingly renders inaccurate any monitoring device or method required under these Service Rules shall be punished by a fine or by imprisonment, or by both fine and imprisonment to the maximum allowed under the NRS and/or federal regulations and revocation or suspension of a District issued permit, if applicable.

1.1.16. Manhole Cover Removal Prohibition: It is unlawful at any time for any person to remove a District manhole cover for any reason unless prior District approval is granted.

1.1.17. Prohibited Discharges:

a. It is expressly prohibited for any person to discharge or cause to be discharged, directly or indirectly, wastewater containing any waste or pollutant listed in Appendix B, including but not limited to construction dewatering, storm water, groundwater, or drainage, other than domestic strength wastewater.

b. The General Manager may develop best management practices through these Service Rules or in the industrial user’s Industrial Wastewater Discharge Permit (IWDP), to implement local limits and eliminate prohibited discharges.

1.1.18. Any person or entity that causes damage to a lateral, mainline, or District facility must immediately report the damage to the District and shall be responsible for reimbursing the District for all expenses the District incurs to make repairs or to mitigate an associated wastewater leak or spill. All necessary repairs of the damage must be made in the presence of a District employee and in accordance with all applicable District design criteria and specifications. No statute of limitation applicable to the liability for the damage shall run until the date the District discovers the damage. The District may report the damage, along with the identity of the person or entity that caused the damage, to the appropriate federal, state, and local officials.

1.1.19. Prohibited Storage of Hazardous Materials: The storage of any material deemed hazardous by the District adjacent to any access to the POTW (i.e. drains, sumps, interceptors, plumbing fixtures, etc.) in which such materials have the potential to enter the POTW through said access points, is prohibited. The District may require secondary containment to mitigate any potential accidental discharge into the POTW.

1.1.20. New Main Lines and Appurtenances to Point of Connection

a. A developer must, at their expense, extend the appropriate District sewer main line and upgrade needed appurtenances to serve the property.

b. A developer must, at their expense make improvements to the existing POTW, which are required to serve their project at the time of issuance of a system development approval.

c. All new main lines and appurtenances shall be designed and constructed pursuant to the design criteria, and ownership transferred to the District.

d. Private sanitary sewer collection systems, including private lift stations, are not allowed to serve two (2) or more single-family residential units.

1.1.21. Public Right-of-Way or Public Sewer Easement

a. The District will maintain its facilities within the public right-of-way or a public sewer easement granted to the District.

b. The property owner will retain ownership of, and will operate, maintain and repair at no expense to the District, all laterals originating on their property to the point of connection to the POTW in the right-of-way, or a public sewer easement granted to the District.

1.1.22. Illegal Connection

a. An illegal connection is:

i. The connection to the POTW without prior District approval; or,

ii. The connection to a lateral of a separately owned parcel without prior District approval

b. When an illegal connection is identified, the District will serve a notice of violation on the customer, which may include but not be limited to, assessment of unpaid fees, charges, and penalties, and the unauthorized lateral connection is subject to immediate disconnection.

SECTION 2 – APPLICATION FOR SANITARY SEWER SERVICE

1.2.1 System Development Approval (SDA): A customer must be issued an SDA prior to the start of construction, reconstruction after demolition, remodel of any structure, tenant improvements or the generation of wastewater flows on a parcel.

a. To obtain an SDA the following requirements are met:

i. Written District approval of submitted plans in accordance with Subsection 1.5.4.

ii. Submission of a complete and accurate application for sanitary sewer service provided by the District, which must include, but is not limited to:

1. An assessor’s parcel number and/or legal description of the parcel to be serviced including the address; and,

2. For commercial customers engineer certified plans, which show the number and type of billing units in accordance with Subsection 1.3.4, and the strength and volume of the wastewater to be generated; and

3. An equipment list, if applicable, for food establishment customer classifications; and

4. A recorded subdivision map and street listing, for residential development plans, if applicable; and,

iii. The District determines the total number of equivalent residential units (ERU) requested by the applicant for this project based upon the customer classification, in accordance with Subsections 1.3.3 and 1.3.4, verification of the number and type of billing units provided in Subsection 1.2.1.a.ii.2, less TRERUs, if applicable, in accordance with Subsection 1.2.2.d; and

iv. The District determines that capacity is available to serve ERUs calculated in accordance with Subsection 1.2.1.a.iii; and,

v. Payment of connection fees for the total number of ERUs calculated in Subsection 1.2.1.a.iii, at the rate in effect at the time of issuance of an SDA; and,

vi. Payment of all delinquent fees related to the parcel;

vii. Approval by the District of the completed application for sanitary sewer service.

b. After the issuance of an SDA, an additional SDA must be obtained prior to adding billing units and/or changing customer classification.

c. Alternate Sanitary Sewer Service Application: An SDA may be granted if one of the following agreements is approved in advance by the General Manager and the applicable administrative fee is paid in compliance with Subsection 1.3.11:

i. A commercial shell-only development agreement, or;

ii. An affordable housing development agreement pursuant to a Clark County designated affordable housing development in accordance with Clark County Code, or;

iii. A temporary capacity agreement.

1.2.2 Temporary Reserve Equivalent Residential Unit (TRERU):

a. The District maintains records of the type and location of the total number of approved billing units and/or equivalent residential units (ERUs).
 
b. TRERUs are not transferable to any other parcel and shall remain with the property originally serviced, in accordance with Subsection 1.2.1.a.ii.1 except:

i. Parcels which are merged into one contiguous parcel which includes the parcel legally described in Subsection 1.2.1.a.ii.1; and,

ii. The parcel legally described in Subsection 1.2.1.a.ii.1 is subdivided and will be serviced by the main line with capacity fronting the parcel and in compliance with Subsection 1.5.1.

c. Accounts with TRERUs must comply with Subsection 1.2.1 prior to reconstruction, remodel or tenant improvement.

d. TRERUs , if any, will be applied to any new SDA prior to issuance of additional ERUs for that parcel, applying the oldest TRERUs first.

1.2.3 The customer is not allowed to retain ERUs which have never been billable in accordance with Subsection 1.3.2. ERUs approved in accordance with Subsection 1.2.1.a.iv and remain unused at completion of the project shall be refunded at the District’s sole discretion to the current property owner, without interest.

1.2.4 The District may at any time, but is not obligated to, inspect the parcel served for the purpose of tracking the location, number and type of billing units, and ERUs, pursuant to NRS 318.165.

1.2.5 Unauthorized Use of Sanitary Sewer Capacity:

a. Adding billing units and/or changing use without first complying with Subsections 1.1.7 and 1.2.1, shall be deemed a violation of these Service Rules, and:

i. Billing units may be subject to removal/disconnection based upon capacity limitations, and/or;

ii. The developer may be issued a revised point of connection, subject to any requirements imposed upon the developer under Subsection 1.1.20; and/or

iii. The District may pursue any available remedy, including but not limited to, those set forth in Subsections 4.1.5 and 4.1.6.

b. Connection fees and related annual sewer service charges associated with the unauthorized use are due and payable on the date of discovery at the rate in effect and subject to a 10 percent penalty.

c. The property owner must comply with Subsection 1.2.1 when the unauthorized use of capacity is caused by a tenant.

1.2.6 For projects which will be connected to the POTW:

a. An “active project” is one where construction is commenced on the property, within two (2) years from the date of the issuance of an SDA.

b. An “abandoned project” is one where no construction has commenced on the property within two (2) years from the date of issuance of an SDA and connection fees will be refunded in accordance with Subsection 1.2.3.

c. A “suspended project” is one where construction has begun but stopped for one (1) year or more.

d. If construction on a suspended project resumes at a later date, with or without refund of previously paid connection fees, the applicant or developer shall apply for a new SDA, subject to capacity constraints. Connection fees, if not previously refunded, will be applied to the new application, and additional connection fees, if required, will be based on the rate in effect at the time the project resumes.

e. For the purpose of this Section, construction is deemed to have commenced when construction of any structure has begun.

f. Effective July 1, 2017, active, abandoned, and suspended projects with existing ERUs, are subject to an availability charge two (2) years from the date of the most recent issuance of an SDA.

1.2.7 Projects which have obtained SDAs pursuant to Subsection 3.1.2 shall be governed by that resolution and applicable provisions of the Service Rules.

1.2.8 Main line extension frontage fee refunds will not be used in place of or in conjunction with a special improvement district which exists for the same purpose.

SECTION 3 – RATES AND CHARGES

1.3.1 Billing Units and Customer Classification Schedule: The number of equivalent residential unit (ERU)s from which residential and commercial charges and fees are assessed shall be determined in compliance with this Section. The schedule is based on the type and number of billing units and an assigned customer classification.

1.3.2 Billing Units:
ERUs will be billable when: the appropriate local government building official issues a certificate of occupancy or an approved final inspection; or through physical inspection and District employees can verify use or occupancy; or from the moment of any discharge to the POTW.

a. Bay shall mean a location on a business' premises which is used to wash vehicles.

b. Bed shall mean the occupancy value licensed for a medical care facility.

c. Dwelling shall mean a structure designed for residential occupancy by one or more persons for living and sleeping purposes, consisting of one or more rooms, including a bathroom and kitchen. The term does not include a hotel or a motel pursuant to NRS 318.203.

d. Fixture shall mean a receptacle, device, or appliance that is supplied by a water source and discharges wastewater to the sanitary sewer system and/or otherwise receives wastewater and discharges wastewater to the sanitary sewer system.

e. Individual shall mean one person registered, enrolled, or otherwise charged per capita, for receiving services at a care facility.

f. Site shall mean the location where a manufactured home or vehicular-type unit may be placed.

g. Space shall mean a rental location set aside for the temporary placement of a recreational vehicle.

h. Student shall mean a person enrolled in courses offered in a school.

i. Unit shall mean a room or space at an establishment that provides for paid lodging on a short-term basis.

j. Water feature (residential and commercial) shall mean swimming pools, spas, hot tubs, decorative fountains, waterscapes and lagoons. ERUs shall be based upon total gallons, regardless of the number of pools: Twenty-thousand (20,000) gallons and less equals 0.10 ERU. Each thousand (1,000) gallons over twenty-thousand (20,000) is multiplied by 0.45 then divided by ninety thousand (90,000) gallons and rounded to the nearest one hundredth (0.01) to calculate the total ERUs.

1.3.3 Customer Classification Schedule:
The customer classification schedule is a method of categorizing customers who have comparable contribution estimates of discharge to the publicly owned treatment works (POTW).

a. All other commercial uses shall mean establishments not specifically listed. This may include, but is not limited to community amenities, general retail business, manufacturing, or warehouse sales.

b. All other residential uses shall mean residential dwellings not specifically listed. This may include, but is not limited to an accessory apartment, casita or guest house.

c. Bars/Taverns with cooking facilities shall mean an establishment that serves alcoholic beverages with cooking facilities and is required to have a fat, oil, grease and grit (FOGG) interceptor.

d. Bars/Taverns without cooking facilities shall mean an establishment that serves alcoholic beverages with no cooking facilities.

e. Beauty/barber/nails/tanning shop shall mean an establishment dealing with cosmetic treatments.

f. Care center: Child/adult shall mean a facility where an individual stays for a limited period, less than twenty-four (24) hours.

g. Casino shall mean a place where the main function is to provide games of chance and/or gaming devices.

h. Common area: shall mean billing units which are external to dwelling/unit/site/space and are billed and charged separately to the owner of the common area parcel and are based on a customer classification.

i. Condominium/townhouse shall mean an individually owned dwelling in a structure containing two or more dwellings.

j. Convalescent and assisted care facility shall mean an establishment used or designed to provide personal and health care supervision for periods longer than one (1) calendar day.

k. Dry cleaner shall mean an establishment where articles are cleaned for compensation.

l. Financial institution shall mean an establishment that provides banking, lending, investment, and other financial services.

m. Food establishment shall mean an establishment with cooking facilities and whose primary business is serving food to the public, is required to have a fat, oil, grease and grit (FOGG) interceptor, and is not a part of a hotel or casino.

n. Food establishment: Takeout/fast food shall mean an establishment with cooking facilities and whose primary business is serving food to the public, is not a part of a hotel or casino, sells food in disposable containers and is required to have a fat, oil, grease, and grit (FOGG) interceptor.

o. Hospital shall mean an establishment staffed and equipped to provide diagnosis, care and treatment of human illness or injury and which provides twenty-four (24) hour professional nursing services under the direction of physicians.

p. Hotel/motel/timeshare shall mean a service type structure containing rental units including, but not limited to full/select/limited service, extended stay, timeshare, or other business configurations in order to provide lodging to transient clientele. Fixtures outside the rental units are charged separately.

q. Large commercial/industrial shall mean an establishment of single ownership or operation which uses more than five million (5,000,000) gallons of water per year for commercial purposes and does not otherwise fall under any of the other customer classifications. Annual sewer service charges shall be based on the ERUs determined by water use from each year’s metering records of the local water purveyor for the twelve (12) month period (May 1- April 30) with one (1) ERU assessed for every ninety thousand (90,000) gallons of water used and rounded to the nearest one hundredth (0.01). The initial annual sewer service charge and connection fees shall be based upon the submitted flow projection by the engineer or owner, converted to ERUs. If the metered flows exceed the projected flow in the 12 month period as noted in this Subsection, the connection fee will be adjusted and payable within 30 days of notice.

r. Laundromat: Retail shall mean an establishment that allows patrons through self- service, to use machines designed for cleaning and drying cloth items or that charges patrons for on-site article washing services.

s. Laundry: Commercial shall mean an establishment where articles are washed for compensation. Annual sewer service charges shall be based on the ERUs determined by water use from each year’s metering records of the local water purveyor for the twelve-month (12) period (May 1- April 30) with one (1) ERU assessed for every ninety thousand (90,000) gallons of water used, then reduced by a fifteen percent (15%) evaporation rate and rounded to the nearest one hundredth (0.01). The initial annual sewer service charge and connection fees shall be based upon the submitted flow projection by the engineer or owner, converted to ERUs. If the metered flows exceed the projected flow in the 12 month period as noted in this Subsection, the connection fee will be adjusted and payable within 30 days of notice.

t. Limited events center shall mean any permanent location designed and used primarily for entertainment, exhibitions, or trade shows and other such similar activities under the following conditions:

i. Conducts no more than fifteen (15) events per calendar year; and

ii. Events total no more than twenty-five (25) calendar days per calendar year; and

iii. The occupancy rating is more than forty thousand (40,000) persons; and

iv. The customer shall have the one-time option, at the commencement of sewer service, to decide whether the annual sewer service charge shall be based on either the number of installed billing units or water records for the twelve (12) months prior, from all metered water sources.

u. Maintenance/repair shop shall mean an establishment which provides services for the restoring, fixing, repairing, replacing or other upkeep of equipment or property.

v. Manufactured home park shall mean a location with sites on which a manufactured home or vehicular-type structure may be placed.

w. Medical (clinic)/dental/veterinarian shall mean an office or clinic where practitioners provide patients with limited treatment services.

x. Movie theater (cinema) shall mean an establishment where movies are shown for public entertainment.

y. Multiple residential shall mean a structure containing two or more contiguous dwellings, under one ownership and situated upon the same parcel. This includes dwellings with or without a shared kitchen.

z. Office shall mean an establishment which provides public and private services.

aa. Office/warehouse shall mean an establishment which provides public and private services with a warehouse attached.

bb. Pet grooming shall mean an establishment that provides grooming services for pets.

cc. Recreational splash pad shall mean an aquatic play area that may have a combination of fountains, sprays, jets and other special play features which are discharged into a sewer drain. Annual sewer service charges shall be based on the ERUs determined by water use from each year’s metering records of the local water purveyor for the twelve-month (12) period (May 1- April 30) multiplied by a ninety [90] calendar day season with one (1) ERU assessed for every ninety thousand (90,000) gallons of water used, and reduced by a thirty percent (30%) evaporation rate, and rounded to the nearest one hundredth (0.01). The initial annual sewer service charge and the connection fees shall be based upon the submitted flow projection by the engineer or owner, converted to ERUs. If the metered flows exceed the projected flow in the 12- month period, as noted in this Subsection, the connection fee will be adjusted and payable within 30 days of notice. The peak flow rate shall be used to reserve capacity for peak flow from the recreational splash pad in the receiving main line. Determination of peak flow rate shall be pursuant to the District’s Addendum for Recreational Splash Pad Sewer Connections, as adopted June 21, 2011.

dd. Recreational vehicle park shall mean a location that provides space rental for temporary recreational vehicle occupancy.

ee. Religious facility shall mean a structure primarily used for religious services by a religious organization.

ff. Retail shall mean a facility that sells a variety of goods or services to the public.

gg. School shall mean a structure primarily used for academic, vocational or technical courses of study or other educational services.

hh. Senior apartment shall mean a rental dwelling within a multiple residential property, which:

i. Consists solely of rental dwellings, averaging eight-hundred twenty-five (825) interior square feet or less; and

ii. Which is intended and operated for occupancy exclusively for persons fifty- five (55) years of age or older; and

iii. Is limited to one or two occupants per dwelling; and

iv. ERUs for any fixtures outside the residential dwellings are calculated at the applicable commercial rate.

ii.   Service station shall mean an establishment that sells gasoline and other retail items.

jj. Service/alteration; dry cleaner pickup station shall mean an establishment where the primary function is to provide clothing repair and is a location for the public to drop off and pick up clothing for repair and cleaning.

kk. Single-family residence shall mean a structure containing one dwelling.

ll. Special events center shall mean any permanent location designed and used primarily for entertainment, exhibitions, trade shows and other such similar activities, excluding those defined as limited events centers.

mm. Theme park/sports complex shall mean any permanent location which is open to use or attendance by the public at which is exclusively offered activities for entertainment, amusement, pleasure, or relaxation.

nn. Vehicle sales (with automated vehicle wash) shall mean an establishment where vehicles are sold and has an automated vehicle wash.

oo. Vehicle wash shall mean a facility used to clean motor vehicles. Customers in this classification are assessed:

i. Connection fees based upon the ERUs determined from Subsection 1.3.4; and

ii. Annual sewer service charges shall be based on the ERUs determined by the vehicle wash water use from metering records of the local water purveyor for the twelve-month (12) period (May 1- April 30), with one (1) ERU assessed for every ninety thousand (90,000) gallons of water used, then reduced by a thirty percent (30%) evaporation rate and rounded to the nearest one hundredth (0.01). With District approval of a sub-metering plan, the customer may request an adjustment to the annual water use for irrigation and other consumptive uses not discharging to the POTW.

1.3.4 Schedule of Equivalent Residential Units (ERU) Factors:

1.3.5 All commercial classifications shall be based on the primary use of the structure which is located on a single parcel and as determined by the District. The District may use the category of the business license issued by the Clark County Department of Business License in determining the primary use.

1.3.6 The General Manager shall have the authority to change the customer classification, change the number of ERUs, change the number or type of billing units applicable to any customer classification, adjust charges, or establish credit against future charges, if that the customer classification, the number of ERUs, evaporation rates, the number or type of billing unit or the charges are not suitable. In the event there is no suitable customer classification listed in Subsection 1.3.3 for a particular parcel to be served, charges and fees shall be based on the classification deemed most similar by the General Manager, subject to the right of appeal to the Board of Trustees.

1.3.7 Connection Fees: Connection fees shall be calculated based on the number of billing units for a customer classification multiplied by the applicable ERU factor(s) listed in Subsection 1.3.4 multiplied by the amount per ERU listed under this Subsection.

a. Beginning July 1, 2022, and for each year thereafter, the connection fee shall be the lessor of:

i. An increase by a percentage equal to the annual percentage increase in the Engineering News Record (ENR), Building Cost Index (BCI), twenty (20) year city average at the rate in accordance with the annual increase as of September of the previous year, as may be amended; or,

ii. The then applicable connection fee value, Definition 20.

b. The connection fee shall not decrease from the prior year.

c. Effective 07/01/2023 the connection fee shall be $3020 per ERU, and connection fee revisions, if any, shall be published on Cleanwaterteam.com prior to the effective date of the following July 1.

d. The connection fee for customers converting from an individual sewage disposal system (ISDS) or septic tank is $1,600.

e. The connection fee for affordable housing developments will be assessed in accordance with Subsection 1.2.1.c.ii and referenced within the affordable housing development agreement.

1.3.8 Annual sewer services charges shall be calculated based on the number of billing units for a customer classification multiplied by the applicable ERU factor listed in Subsection 1.3.4 multiplied by the amount per ERU which is listed below.

Beyond 06/30/2029, the annual sewer service charge will adjust annually by two and three-quarter percent (2.75%). 

1.3.9 In addition to the annual sewer service charge, an account charge is applied to each account to a maximum of sixteen-dollars ($16.00) annually in the amount of four-dollars ($4.00) for each quarterly billing. 

1.3.10 Customer Convenience Fee:
The District shall recover all costs associated with payment transactions, including interchange transaction fees or any such fees, charged to the District by a financial institution for acceptance of customer payments.

1.3.11 Alternate Sanitary Sewer Service Application Administrative Fee: Commercial shell-only development agreements and temporary capacity agreements approved under Subsection 1.2.1.c are subject to a non-refundable administrative fee of $1,000 per agreement payable at the time of application.
 
1.3.12 Annual Industrial Wastewater Discharge Permit (IWDP) Charge: The following annual charges will be assessed for those industrial users with an IWDP:

1.3.13 Extra Strength Surcharge: In addition to the annual sewer service charge, customers who discharge wastewater having concentrations of certain pollutants exceeding typical domestic strength concentrations may be assessed an extra strength surcharge, based on the surcharge threshold concentrations listed below. The extra strength surcharge billing shall be calculated by multiplying the additional pounds of each pollutant that is discharged as a result of the exceedance of the surcharge threshold concentration times the extra strength surcharge, described as follows:

1.3.14 The District shall determine average extra strength concentrations of BOD, TSS, phosphorus and ammonia for each surcharged customer classification. The General Manager, upon written request of the surcharged customer, may adjust the surcharge based upon on-site monitoring of the customer's wastewater source(s). The customer must receive prior approval from the District of the on-site monitoring plan. Costs associated with monitoring are the responsibility of the customer.

1.3.15 Reclaimed Water Rates and Charges:
The reclaimed water delivery charge from the Flamingo Water Resource Center shall be $2.33 per 1,000 gallons or equal to the published Las Vegas Valley Water District’s Non- Potable Irrigation Water Rate as revised, whichever is greater.

a. The charges for governmental agencies using reclaimed water treated at any designated reclamation sites or delivered to governmental agencies may be determined through interlocal agreement. 

b. The rates for reclaimed water provided by the District to a public water purveyor may be determined by interlocal agreement.

c. Upon sale, assignment, or transfer of reclaimed water or any interest by the customer, the rate shall be that which is applicable at the time.

d. The Board of Trustees reserves the right to review and revise rates and charges to reflect the cost of water reclamation, delivery infrastructure costs, or any other factor(s) affecting the cost of reclaimed water.

e. Payment for each month’s usage of reclaimed water shall be due in full within thirty (30) calendar days of invoice. Any exception to this shall be requested by the customer in writing and approved by the General Manager within the same thirty (30) day period.

f. Reclaimed Water Rate Surcharges: The District retains the right to, where deemed appropriate, construct, own, operate or otherwise provide reclaimed water delivery facilities and to recover costs through reclaimed water rate surcharges to the customers.

1.3.16 Septage and Chemical Toilet Waste Charges: The charge to dispose septage or chemical toilet waste to the District septage facility shall be $0.06 per gallon. An annual inspection, processing, and access charge of seventy-five dollars ($75.00) for each vehicle, which is not refundable, shall accompany each application and is due by January 1 each year.

1.3.17 Main Line Extension Frontage Fees

a. Main Line Extension Frontage Fees (MLE frontage fee) shall apply to all connections made to an eligible main line extension.

i. The developer, who originally installed the refund eligible main line, is not required to pay a MLE frontage fee for subsequent connections to the original refund eligible main line extension.

b. When a project proposes to connect, with a lateral or private collection system to a main line extension that is eligible for a refund, the applicable MLE frontage fee will be calculated based on the length of the parcel’s boundary facing the eligible main line extension multiplied by $20 per lineal foot.

c. The MLE frontage fee shall be paid prior to final acceptance by the District.

d. MLE frontage fees are non-refundable.

1.3.18 Package Wastewater Treatment Plant Fees: The following fees will be charged for the design review and inspection of package wastewater treatment plants:

1.3.19 Package Plant Design Review and Inspection Fees: The package wastewater treatment plant applicant, or the person in whose name the package plant discharge permit is to be issued, and who will be responsible for proper design and construction of the package wastewater treatment plant, shall pay the required fee for design review and inspections.

1.3.20 FOGG Interceptor Charge: The following annual charges will be assessed for those customers with a FOGG interceptor:

1.3.21 Temporary Relief: Eligibility for temporary relief requires the structure(s) or portion thereof, to be damaged to such a point that it cannot reasonably contribute wastewater to the POTW.

a. A customer shall qualify for temporary relief when the following conditions have been met:

i. Notify the District in writing, when the change in the billing unit status is a result of damage to the structure.

ii. Provide documentation to the District which certifies the structure, or portion thereof as uninhabitable and cannot reasonably contribute wastewater to the POTW.

iii. Agree to notify the District in writing within thirty (30) calendar days of the structure being rehabilitated and suitable for use.

iv. The District verifies that the structure(s) on the parcel are damaged to such a point that it cannot reasonably contribute wastewater to the POTW.

b. Upon the customer meeting the conditions stated above, the District will:

i. Suspend the subject billing units from active billing service during the period the structure or portion thereof, is uninhabitable and cannot reasonably contribute wastewater to the POTW or up to two (2) years whichever comes first. Two (2) twelve (12) month extensions may be granted by the District upon written request by the customer by establishing good cause and approved by the District; and

ii. Apply temporary relief, effective the last day of the month in which the structure was uninhabitable; and

iii. Activate sewer billing at the established annual sewer service charge on the billing quarter following the date when the customer notifies the District as stated above or the appropriate local government department certifies the structure as habitable or suitable for use, or the District determines the customer is no longer eligible for temporary relief, whichever comes first.

1.3.22 Military Relief: Customers on active military duty may be eligible for military relief, provided their primary residence is unoccupied due to military service orders.

a. A customer shall provide all of the following to become eligible for the military relief rate:

i. Proof of reassignment; and

ii. Proof of relocation of the service member and his/her family including a written statement with the inclusive dates the primary residence will be unoccupied; and

iii. An agreement to notify the District, within thirty (30) calendar days that customer has left the military and/or the primary residence is sold, rented or otherwise occupied. This notification may be made either by the customer or the customer’s representative.

b. The District will:

i. Reduce billing units from active billing service during the period the primary residence is unoccupied; and

ii. Perform periodic inspections to verify the primary residence is unoccupied; and

iii. Activate sewer billing at the established annual sewer service charge on the billing quarter following the date when occupancy can be verified.

1.3.23 The District may make revisions to the Service Rules for a billing unit, an ERU factor, and/or the customer classification, in which case there will be no collection of additional connection fees or refund of connection fees for existing billing units properly paid in accordance with Subsection 1.2.1. Should an adjustment to the annual sewer service charge become necessary, it will be effective the first billing cycle after the revision.

1.3.24 A user charge system is a categorization of customers based upon both wastewater volume and strength factors. Charges are assessed on estimates of the proportionate share of operations, maintenance, and replacement costs for wastewater collection and treatment and are managed through a user charge system pursuant to 40 CFR 35.2130 and 35.2140.

SECTION 4 – TIME AND MANNER OF PAYMENT

1.4.1 Customers will be billed pursuant to Subsection 1.3.2 and in advance for the entire fiscal year from July 1 through the following June 30. Customers are responsible for payment of the annual sewer service charge on the date the customer first receives sewer service. The first new customer billing will include retroactive charges, if applicable.

1.4.2 Customer Payment:

a. The customer has the following payment options:

i. Annual: Payment of the full annual sewer service charge for the period July 1 through June 30.

ii. Quarterly: Payment of the quarterly sewer service charge on July 1, October 1, January 1, and April 1.

iii. Payment of the account balance, in full, any time during the fiscal year.

b. New customers who are not of record on July 1 will be billed on the first day of the quarter immediately following the commencement of services through the next succeeding June 30, with the option to pay the total balance due or to pay quarterly.

c. In addition to the payment options identified in Subsection 1.4.2.a, residential customers may qualify for a monthly payment plan if they demonstrate to the satisfaction of the District, that they or their family occupy the property and that their income did not exceed the current U.S. Federal Poverty Guidelines for the previous calendar year.

d. Charges will be considered paid on the date the payment is posted to the customer account.

e. All payments must be made in United States currency.

1.4.3 Payment does not constitute a contract for service for the entire fiscal year. The Board of Trustees retains the right to modify the rates and charges at any time in compliance with applicable law.

1.4.4 Effective July 1, 2021 the District will no longer bill a single, consolidated annual sewer service charge for customers who are represented by a homeowner association; each association member will be billed separately.

1.4.5 Bills are due and payable upon presentation and shall be conclusively deemed to have been received five (5) calendar days after mailing. The District cannot guarantee receipt of any bill, and failure to receive a bill does not relieve a customer of the obligation to pay.

1.4.6 The District may accept card and electronic check payments.

1.4.7 The District may charge the customer up to $15 for a nonsufficient funds payment and the account will be considered paid on the date the payment is posted to the customer account.
 
1.4.8 Delinquent Accounts:

a. An account will become delinquent and subject to lien when the minimum required payment is not posted to the customer account by the due date.

b. Delinquent accounts will also be assessed a basic penalty of not more than 10 percent (10%) of each outstanding charge for the first month delinquent and may also be assessed interest in the amount of one and a half percent (1.5%) for nonpayment of any amounts that remain outstanding in accordance with NRS 318.197.

c. The General Manager has the authority to adjust delinquent fees in cases of a District error or omission in account payment processing.

1.4.9 The Board of Trustees has the authority pursuant to NRS 318.201 to elect to have delinquent fees, placed on the Clark County tax roll for collection. A written report, which contains the assessor’s parcel number of each parcel of real property and the amount of the charges for each parcel shall be filed with the Board of Trustees Secretary. A public hearing which is properly noticed and conducted pursuant to NRS 318.201 will be held at least annually, to consider customer protests. The Board of Trustees may approve the collection of the delinquent fees through the tax roll.

1.4.10 The General Manager shall have the authority to correct billing errors and omissions which result in customer overpayment or undercharge. Refunds for overpayment or payments for undercharges shall be computed back to, but not beyond the date of the error or omission, subject to any applicable statute of limitations.

1.4.11 Subsequent to the adoption of these Service Rules, should a community treatment works located within the unincorporated area of Clark County and not previously serviced by the District, come under the jurisdiction of the District, the Board of Trustees shall, by passage of a resolution, formally add the treatment works into the District’s service system.

SECTION 5 - PLAN REVIEW

1.5.1 A point of connection (POC) is required for all projects except for an individual single-family residence, prior to submitting plans for District review.

1.5.2 The developer or customer shall obtain District approval of plans, prior to the start of construction that may impact, or is in close proximity to the publicly owned treatment works (POTW).

1.5.3 In accordance with Appendix B- Prohibited Discharges, the District shall require proof from the developer or customer that no pollutant will, or could, enter the POTW during construction. The District may also require review of construction dewatering plans, if applicable.

1.5.4 Plans must be approved by the District pursuant to the design criteria and any additional District requirements, which may include main line extensions in accordance with Section 6 and improvements to the existing POTW determined to be immediately required for a project.

1.5.5 Plans for a project must have District approval before the District will approve any final maps.

1.5.6 To apply for District review, the developer’s engineer shall provide a submittal application for plan review along with one (1) full-size twenty-four (24”) inch by thirty-six (36") inch bond (plain paper), wet stamped or electronic plans, as determined by the District. Plans shall be submitted to and retrieved from the District.

1.5.7 The District will determine if a developer proposed main line or lift station will be oversized pursuant to Subsection 1.6.2.

1.5.8 A developer who is aggrieved by a denial of plans may appeal that decision in writing to the General Manager within thirty (30) calendar days. The General Manager shall conduct a review of the grounds for the denial and render a decision. The General Manager decision is final and not subject to appeal.

1.5.9 District approval of civil improvement plans is valid two (2) years from the date of final plan approval, in accordance with Subsection 1.5.4. Once plan approval has expired, any subsequent proposal for reactivation shall be treated as a new project, subject to capacity availability and the current design criteria. The same shall apply to suspended projects.

1.5.10 Where off-site main lines are suspended, other developers shall be allowed to utilize the suspended main lines and appurtenances in their work should they desire to do so, based on their own set of main line extension plans submitted to and approved by the District for finishing the suspended main line project. The subsequent developer shall provide adequate written documentation to the District stating they have permission from the original developer of record to complete the work. All developer-constructed main lines and appurtenances, including laterals, which are owned, operated and maintained by the developer, shall be constructed pursuant to the design criteria and approved by the District. The developer must receive the District’s approval that the main line plans are in compliance with the design criteria, before initiating construction.

1.5.11 Pretreatment Facilities Plan: Prior to the construction of a pretreatment facility, the industrial user shall submit detailed pretreatment facilities plans to the District, which have been prepared by an engineer. These plans shall show the proposed pretreatment facilities and an explanation of operating procedures, and provide a date of construction completion. The industrial user shall not begin construction of the pretreatment facilities without prior District approval of the plans.

1.5.12 Parcels located outside of the District’s service area connected to the District’s POTW require an interlocal agreement between the appropriate jurisdictions, with the customer making connection fee and annual sewer service payments directly to the District.

SECTION 6 – MAIN LINE EXTENSION

1.6.1 General

a. The District may require main line extensions, with or without oversize or bolstering agreements. The developer shall be responsible for the selection of a contractor. Any change order costs shall be borne solely by the developer. The District will not participate in any additional cost incurred due to rock or hard materials or groundwater encountered during construction. All additional costs involving rock or hard material or groundwater will be paid by the developer.

b. In addition to these Service Rules, a developer shall also comply with the design criteria including at the developer’s sole expense, the installation of minimum size main lines in street rights-of-way.

i. The minimum sewer main size shall be based on the existing or proposed street right-of-way width, which may include common areas and are as follows:

ii. The developer may satisfy system requirements with an alternate, equivalent design within the project to accomplish the same intent as the minimum sewer main size identified in Subsection 1.6.1.b.i, subject to District approval.

c. An oversize agreement in a form provided by the District shall be required for all oversized main line extensions and lift stations and shall comply with these Service Rules.

d. Where a main line extension is required by the District, the developer must submit plans for review and approval by the District. Construction of a main line extension shall not commence until the District has approved both the plans and the oversize agreement, if applicable.

e. In the event the developer does not commence the construction of the main line(s) covered by any approved main line extension plan within two (2) years from the date of District approval, the project is deemed abandoned. Any subsequent proposal for reactivation shall be treated as a new project, subject to capacity constraints and the current design criteria.

f. The developer shall be required to construct main line extensions along the project exterior boundaries provided the following conditions apply:

i. The project boundary streets have right-of-way width of 60’ or greater, and;

ii. The District has determined that the main line extension is required to serve the sewer tributary upstream of the project.

g. For a main line extension, the developer shall be subject to the following provisions:

i. The developer shall supervise the design utilizing the services of the developer-designated engineer. The District does not assume any financial responsibility or liability for any loss incurred by a developer due to delays in the construction of a main line extension or an oversize main line extension. The developer shall comply with all federal, state and local laws or regulations. 

ii. Other conditions which the District may require.

h. Main lines and appurtenances shall be located within dedicated rights-of-way or within public sewer easements granted to the District.

i. Main Line Construction by Developer

i. In cases when construction permits require a District signature as determined by the issuing agency, the developer shall prepare all construction permit applications and supporting documents for District review and approval. After the District signs the construction permit application, the developer shall deliver the construction permit application to the issuing agency and coordinate all activities related to the construction permit application process. It is the developer’s responsibility to obtain and comply with all construction permit conditions, regardless of whether the District is the application signer and/or the named permittee.

ii. Materials and workmanship performed by the developer shall be guaranteed free of defects in accordance with the design criteria.

j. Performance Bond: Clark County Public Works (CCPW) may require a performance bond for off-site projects located in the Clark County right-of-way. These projects must pass District inspections prior to a bond release being issued by CCPW. Two (2) District inspections may be required, depending on the complexity of the project. A “Preliminary Letter of Acceptance” may be issued by the District, upon request of the CCPW when the project developer has requested an eighty percent (80%) bond release. This letter will state that the District has conducted a preliminary inspection of the main lines and reinspection will be required when the project is ready for completion. A copy of the Preliminary Letter of Acceptance will be sent by the District to CCPW, the developer, engineer, and contractor. In these instances, an approved District reinspection of the final project will be required by CCPW prior to the release of the remainder of the bond. In all cases, the District must inspect and approve any final project and sign-off that final project by use of the county-wide licensing, plans, and permit tracking system.

1.6.2 Oversize

a. The developer shall comply with the District’s decision to oversize a main line extension or lift station.

b. Where oversize is required by the District, the District will participate in the cost as determined in the oversize agreement. The developer shall be responsible for all main line extension costs including, but not limited to the costs of design, acquisition of any public sewer easements, construction and materials, except for the cost of the oversize.

c. The District’s cost participation for oversizing of a main line extension or lift station and appurtenances shall be based on the difference in cost between the oversized facilities installed and those facilities required for the developer’s project, as specified by the oversize agreement.

d. The District must have available funds before approving the oversize agreement. Reimbursement to the developer for oversize costs shall not be made until installation of the main line extension or lift station is complete and the District has accepted the main line extension oversize or lift station oversize for operation and maintenance.

e. The plans and oversize agreement must be approved by the District before construction begins.

1.6.3 Bolstering may be required by the District as a condition of the development approval process. The District shall refund to the developer, without interest, the cost of bolstering the main line extension(s) as specified in the bolstering agreement(s) within forty-five (45) calendar days following the completion of the installation, and acceptance by and transfer of ownership to the District.

1.6.4 Main Line Extension Frontage Fee (MLE frontage fee) Refund Policy

a. The District may provide MLE frontage fee refunds to the eligible developer for costs associated with the construction of a main line extension when the conditions in Subsection 1.6.4.b are met. Lift stations and appurtenances are not refund eligible. MLE frontage fee refunds shall be made up to the maximum eligible refund amount or for a maximum of five (5) years from the date of the final acceptance of the main line extension by the District. An additional five (5) year extension may be granted upon written request by the developer prior to the expiration of the original five (5) year period.

b. Refund Conditions: A developer may be eligible to receive MLE frontage fee(s) as a refund associated with the construction of a main line extension when the following conditions are met:

i. District receipt of a complete MLE frontage fee refund application from the developer.

ii. The developer constructed the main line extension pursuant to the design criteria, as determined by the District, including but not limited, to the size and/or depth specified.

iii. The developer has complied with all provisions of these Service Rules related to main line extensions.

iv. Ownership of the main line extension transferred to the District.

c. The MLE frontage fee refund conditions only apply when MLE frontage fees are paid for a qualified connection to an eligible main line extension. If applicable, MLE frontage fee refunds will be made to the developer of record, as indicated on the MLE frontage fee refund application, unless a duly executed assignment of ownership/assets or change of address has been filed with the District prior to the refund date.

d. Refunds will be paid on an annual basis during the first quarter of each year for the MLE frontage fees received the previous calendar year. The District will refund the qualifying developer MLE frontage fees received, without interest, less a $200 administrative fee for each MLE frontage fee processed and paid to developer.

e. Refunds will only apply to main line extensions approved on or after July 1, 2003.

f. District inspections shall be performed in accordance with the design criteria.