Clark County Water Reclamation District, NV

“Accidental discharge” shall mean any spill discharge that may cause pass through or interference, harm the wastewater system, create a threat to public health, or violate any provision of the discharge permit or any other provision of these Service Rules.

“Account charge” shall mean the cost associated with the billing of each account.

“Annual sewer service charge” shall mean the annual amount charged for wastewater treatment for a customer classification proportionate to services for the cost of operation, maintenance, repair and replacement and debt service/capital reserve of publicly owned treatment works.

"Applicant" shall mean a person applying for new service to a particular parcel within the District service area or for a District issued permit.

“Authorized Agent” shall mean a person who is not the property owner and is legally designated and authorized by the property owner to act on the property owner’s behalf.

1. The designated authorized agent shall have the authority to bind the property owner in the property owner’s dealings with the District, including but not limited to, matters concerning user classifications, fixtures, bill payment, the development, construction, maintenance and operation of a building/facility from which the discharge originates, and the environmental matters of the building/facility. The designation of the authorized agent must specify the name of the designated individual and include the documentation containing the property owner’s name, mailing address, property address, assessor’s parcel number(s), and;
   1. A certification from the property owner stating that the authorized agent is operating with the full consent and knowledge of the property owner, or;
   2. A certification from the authorized agent stating that he/she is operating with the full consent and knowledge of the property owner.

“Availability charge” shall mean an annual assessment for reserved capacity of the publicly owned treatment works which is thirty percent (30%) of the annual sewer service charge.

“Best management practices” shall mean schedules of activities, prohibitions of practices, maintenance procedures and other management practices to prevent or reduce the pollution of waters entering the publicly owned treatment works. Best management practices include methods, measures, practices, or design and performance standards which facilitate regulatory compliance.

“Board of Trustees” shall mean the Board of Trustees of the Clark County Water Reclamation District.

“Bolstering” shall mean modifying the length and/or depth of a proposed main line extension beyond that required to serve a particular development, and may also include, if applicable, changes to the size or material of pipe to be used as part of the modification.

“Categorical pretreatment standard” shall mean any regulation containing pollutant discharge limits promulgated by EPA pursuant to Sections 307(b) and (c) of the Act (33 U.S.C. Section 1317) that apply to a specific category of industrial users and that appear in 40 CFR Chapter I, Subchapter N, Parts 405-471.

“Certificate of occupancy” shall mean the document issued by the appropriate local government building official, upon completion of a structure designed and permitted for immediate occupancy, after completion and approval of all permitted work.

“Chemical toilet waste” shall mean any sanitary waste from a portable toilet or one-door movable sanitary facility.

“Chemical oxygen demand” shall mean a measure of the oxygen required to oxidize all compounds, both organic and inorganic, in water.

The “Clean Water Act” shall mean the U.S. federal law, 33 United States Code Section 1251 et seg. that regulates the discharge of pollutants into the nation's surface waters, including lakes, rivers, streams, wetlands, and coastal areas. The Clean Water Act is administered by the U.S. Environmental Protection Agency (EPA), which sets water quality standards and the Nevada Division of Environmental Protection which oversees Nevada’s water quality permit program.

“Compliance schedule” shall mean the time period that is allowed by the District in which a customer or industrial user must come into compliance with District issued permit conditions or other District requirements.

“Composite sample” shall mean the sample resulting from the combination of individual wastewater samples taken at intervals based on either an increment of flow or time.

“Contractor” shall mean a construction company licensed by the Nevada State Contractors Board which has been hired by the developer to install the developer’s project sanitary sewer improvements depicted in the construction documents prepared by the engineer.

“Connection fee” shall mean a one-time fee for the privilege to utilize capacity in the District’s publicly owned treatment works (POTW).

“Connection fee value” shall mean, per equivalent residential unit, the total value of existing and planned POTW facilities, reserves available for capital improvement projects, outstanding debt principal used to fund POTW facilities, and the total number of projected ERUs on the system.

“Customer” shall mean a person who is a recipient of sanitary sewer service from the District through a lateral, and may contribute to, cause, or allow wastewater, treated or untreated, into the publicly owned treatment works.

The Customer may be one of the following:

1. The owner of each parcel of land, or;
2. An authorized agent, or;
3. For the purpose of tenant improvements and determining customer classification, the commercial property owner’s commercial tenant, or;
4. A person who receives reclaimed water from the District.
5. A septage and chemical toilet waste hauler who disposes of waste at District facilities.

“Daily maximum” shall mean the arithmetic average of all effluent samples for a pollutant collected during a calendar day.

“Daily maximum limit” shall mean the maximum allowable discharge limit of a pollutant during a calendar day. Where daily maximum limits are expressed in units of mass, the daily discharge is the total mass discharged over the course of the day. Where daily maximum limits are expressed in terms of a concentration, the daily discharge is the arithmetic average measurement of the pollutant concentration derived from all measurements taken that day.

“Design criteria” shall mean the current version of the Design and Construction Standards for Wastewater Collection Systems – Southern Nevada and Lift Station Design and Construction Standards as adopted by the Board of Trustees, and any additional criteria required by the District.

“Developer” shall mean any property owner or authorized agent engaged in or proposing a development.

“Discharge” shall mean the introduction from any source, directly or indirectly, of a pollutant or wastewater into the publicly owned treatment works.

“Discharge permit” shall mean the National Pollutant Discharge Elimination System (NPDES) permit or other permit issued to the District by the state of Nevada that allows the discharge of effluent to the environment.

“District” shall mean the Clark County Water Reclamation District.

“District employee” shall mean any individual employed by the District excluding independent contractors, consultants, and their employees.

“Domestic strength wastewater” shall mean wastes typically generated by a single-family residence and is not industrial strength wastewater.

“Effluent” shall mean wastewater treated at a District facility in compliance with the discharge permit.

“Emergency condition” shall mean an occurrence or threatened occurrence that, in the determination of the General Manager, is threatening to life, health, District property, District critical infrastructure or the environment.

“Engineer” shall mean a licensed professional engineer in the state of Nevada.

“Equivalent residential unit” shall mean a unit of measurement equivalent to the wastewater loading which is a function of both wastewater flow (volume) and its constituent pollutant concentration (strength) typically generated by a single-family residence and is estimated to be an average of ninety thousand (90,000) gallons per year.

“Fat, oil, grease, and grit interceptor” shall mean a device for separating and retaining sediments, sand, grease, animal or vegetable fats and oils including petroleum derivatives and grit by gravity-differential separation, prior to being discharged.

“General Manager” shall mean the person duly appointed by the Board of Trustees to be the General Manager of the District, or that person’s duly appointed District employee designee.

“Grab sample” shall mean a sample that is taken from a wastestream without regard to the flow in the wastestream and over a period-of-time not to exceed fifteen (15) minutes.

“Hazardous waste” shall mean any waste defined in 40 Code of Federal Regulations (CFR) 261.3.

“Industrial strength wastewater” shall mean the liquid and water-carried wastes from any production, institutional, commercial, agricultural, or industrial operation and are higher strength than domestic strength wastewater.

1. A general partner or proprietor if the industrial user submitting the reports is a partnership, or sole proprietorship respectively.
2. A duly authorized representative of the individual designated in Subsections a and b of this definition provided that:
   1. The authorization is made in writing by the individual described in Subsections a and b of this definition; and
   2. Specifies either an individual or a position having responsibility for the overall operation of the facility from which the discharge originates, such as the position of plant manager, operator of a well, or well field superintendent, or a position of equivalent responsibility, or having overall responsibility for environmental matters for the company; and
   3. is submitted to the District.
   4. If an authorization under Subsection c of this definition is no longer current, a new authorization satisfying the requirements of Subsection c. must be submitted to the District prior to or together with any reports to be signed by an Industrial user authorized representative.

“Industrial user” shall mean a customer discharging industrial strength wastewater and is subject to an industrial wastewater discharge permit.

“Industrial Wastewater Pretreatment Enforcement Response Plan” shall mean that enforcement plan developed and implemented by the District in accordance with 40 CFR 403.8(f)(S) and containing detailed procedures for investigating and responding to instances of industrial users’ noncompliance.

“Industrial Wastewater Discharge Permit” shall mean a District permit issued to an industrial user.

“Infiltration” shall mean water, other than wastewater, that enters the publicly owned treatment works (including laterals and foundation drains) through such means as defective pipes, pipe joints, connections, or manholes. Infiltration does not include and is distinguished from inflow.

“Inflow” shall mean a prohibited discharge of water other than wastewater that enters a publicly owned treatment works from sources such as, but not limited to, roof leaders, cellar/foundation drains, yard drains, area drains, drains from springs and swampy areas, cross connections between storm drains and sanitary sewers, catch basins, storm waters, surface runoff, street wash waters or drainage.

“Instantaneous limit” shall mean the maximum concentration of a pollutant allowed to be discharged at any time, determined from the analysis of any grab or sample collected.

“Interference” shall mean a discharge which causes or contributes to the inhibition or disruption of the publicly owned treatment works, the processes or operations of the publicly owned treatment works, or the use or disposal of wastewater sludge.

“Lateral” shall mean that part of the horizontal piping of a building drainage system which is privately owned and extends from the end of the building drain and conveys wastewater to the publicly owned treatment works or a private wastewater collection system.

“Local limits” shall mean any of the specific discharge limits developed by the District upon industrial or commercial facilities to implement the general and specific discharge prohibitions listed in 40 CFR 403.5(a)(1) and (b) to prevent pass through or interference. The General Manager is authorized to establish local limits pursuant to 40 CFR 403.5(c).

“Main line” shall mean a District-owned sanitary sewer line located within dedicated rights-of-way or within public sewer easements granted to the District.

1. “Main line extension” shall mean a public sanitary sewer line, including lift stations with appurtenances, that is constructed by a developer within a public right-of-way or within a public sewer easement granted to the District.
2. “Main Line Extension Refund Maximum Calculation” shall mean the maximum main line extension frontage fee refund amount a developer would be refunded for all eligible main line extensions.
3. “Main Line Extension frontage fee” (MLE frontage fee) shall mean the fee to be paid by a developer to connect to an eligible main line extension that is constructed, or to be constructed, by another developer.
4. “Eligible main line extension” shall mean a main line extension that a developer seeks to connect to, but that has been constructed, or is to be constructed, by another developer.

“Medical waste” shall mean non-domestic pollutants generated by medical procedures including, but not limited to isolation wastes, infectious agents, human blood and blood products, pathological wastes, sharps, body parts, contaminated bedding, surgical wastes, potentially contaminated laboratory wastes, and dialysis wastes.

“Military relief” shall mean a decrease in the assessment of the annual sewer service charge provided to active-duty military members whose military service reassignment orders consequently leaves their primary residence, which they own, unoccupied.

“Monthly average” shall mean the sum of all daily maximums measured during a calendar month divided by the number of daily maximums measured during that month.

“New Source” shall mean:

1. Any building, dwelling, structure, facility, or installation from which there is, or may be, a discharge of pollutants, the construction of which commenced after the publication of proposed pretreatment standards pursuant to Section 307(c) of the CWA that will be applicable to such source if such pretreatment standards are thereafter promulgated, in compliance with that Section, provided that:
   1. The building, structure, facility or installation is constructed at a site at which no other source is located; or
   2. The building, structure, facility, or installation totally replaces the process or production equipment that causes the discharge of pollutants at an existing source; or
   3. The production or wastewater generating process of the building, structure, facility, or installation is substantially independent of an existing source at the same site. In determining whether these are substantially independent factors, such as the extent to which the new facility is integrated with the existing plant, and the extent to which the new facility is engaged in the same general type of activity as the existing source, should be considered.
2. Construction on a site at which an existing source is located results in a modification rather than a new source if the construction does not create a new building, structure, facility, or installation meeting the criteria of Subsections a. ii and a. iii of this definition, but otherwise alters, replaces, or adds to an existing process or production equipment.
3. Construction of a new source as defined under this Subsection has commenced if the customer has begun, or caused to begin, as part of a continuous on-site construction program, any placement, assembly, or installation of facilities or equipment; or significant site preparation work including clearing, excavation, or removal of existing buildings, structures, or facilities which is necessary for the placement, assembly, or installation of new source facilities or equipment; or entered into a binding contractual obligation for the purchase of facilities or equipment which is intended to be used in its operation within a reasonable time. Options to purchase or contracts which can be terminated or modified without substantial loss, and contracts for feasibility, engineering, and design studies do not constitute a contractual obligation under this Subsection.

“Notice of violation” shall mean a document which informs a person that a Service Rule, federal or state law, or permit condition has been violated.

“Oversize” shall mean modifying the size of a proposed main line extension or the capacity of a lift station beyond that required to serve a particular development to be of a size or capacity capable of meeting additional demands and the orderly development of the publicly owned treatment works.

“Package wastewater treatment plant” shall mean a facility or structure for wastewater treatment as defined in Nevada Revised Statutes (NRS) Chapter 445A.

“Pass through” shall mean a discharge which exits the publicly owned treatment works in quantities or concentrations which, alone or in conjunction with a discharge or discharges from other sources, is a violation of any requirement of the discharge permit (including an increase in the magnitude or duration of a violation).

“Person” shall mean any individual, firm, association, organization, partnership, trust, company, consortium, corporation or entity, and any municipal, political subdivision, or governmental corporation, body or agency other than the District.

“pH” shall mean a measure of the acidity or alkalinity of a solution, expressed in standard units.

“Plan(s)” shall mean civil improvement plans, architectural plans, plumbing plans, odor control plans or any other type of plan required by the District.

“Point of connection” shall mean a conditional approval, issued by the District at the developer’s request for a proposed development to connect to the publicly owned treatment works at a specific location with the available capacity.

“Pollutant” shall mean dredged spoil, solid waste, incinerator residue, filter backwash wastewater, garbage, wastewater sludge, munitions, chemical wastes, biological materials, radioactive materials (except those regulated under the Atomic Energy Act of 1954, as amended [42 U.S.C. 2011 et seq.]), heat, wrecked or discarded equipment, rock, sand, cellar dirt or industrial, municipal and agricultural waste discharged into water or other entity, other than, or in addition to, domestic strength wastewater.

“Potable water” shall mean water that is treated pursuant to the Safe Drinking Water Act.

“Pretreatment” shall mean the reduction of the amount of pollutants, the elimination of pollutants, or the alteration of the nature of pollutant properties in wastewater thereby rendering them less harmful to the publicly owned treatment works prior to introducing such pollutants into the publicly owned treatment works. This reduction or alteration can be obtained by physical, chemical, or biological processes, by process changes, or by other means, but not by diluting the concentration of the pollutants unless allowed by an applicable pretreatment standard.

“Pretreatment requirement” shall mean any substantive or procedural requirement related to pretreatment imposed on an industrial user, other than a pretreatment standard.

“Pretreatment standard” shall mean any categorical pretreatment standards, federal, state, or local substantive or procedural requirement containing pollutant discharge limits related to the pretreatment of industrial strength wastewater.

“Private lift station” shall mean a pumping facility not owned, operated, or maintained by the District.

“Producer” shall mean a source that produces septage, chemical toilet waste, and/or any other hauled liquid waste or sludge. This includes residential and/or commercial or industrial customers of the hauler.

“Prohibited discharges” shall mean prohibitions against the discharge of certain substances; these prohibitions appear in Appendix B.

“Publicly owned treatment works” shall mean all District owned devices, systems, and appurtenances for the collection, transportation, storage, treatment, and reclamation of domestic strength wastewater, or liquid industrial wastes. Laterals, including those portions in the public right-of-way, and other appurtenances located on private property are not part of the publicly owned treatment works.

“Reclaimed water” shall mean treated wastewater that is suitable for reuse or discharge in compliance with current state regulations.

“Sanitary sewer overflow” shall mean a release of wastewater from the District’s collection system at any point upstream of the treatment facilities.

“Septage” shall mean the mixture of domestic sludge and wastewater removed during the pumping of a septic tank used in the treatment of residential or commercial domestic strength wastewater.

“Shall” means mandatory and imposes a duty to act.

“Significant industrial user” shall mean:

1. An Industrial user subject to categorical pretreatment standards; or
2. Any other industrial user who:
   1. Discharges an average of twenty-five thousand (25,000) gallons per day (gpd) or more of process wastewater;
   2. Contributes a process waste stream which makes up five percent (5%) or more of the average dry weather hydraulic or organic capacity of the publicly owned treatment works;
   3. Is designated as significant by the District on the basis that the industrial user has a reasonable potential for causing pass through or interference.

“Slug load” shall mean any discharge of a non-routine, episodic nature, including but not limited to an accidental spill or a non-customary batch discharge, which has a reasonable potential to cause interference or pass through to the POTW, harm to or blockage of the collection system, or in any other way violate the District's Service Rules, local limits or discharge permit.

“Spill” shall mean the on-site release of a material from its container which could potentially flow to the POTW.

“State” shall mean the state of Nevada.

“Storm water” shall mean rainwater, snow melt, and surface drainage and runoff.

“System development approval” shall mean the approval issued by the District after the customer has met all requirements to utilize capacity in the POTW.

“Temporary relief” shall mean the suspension of the annual sewer service charge due to damage or demolition of the structure(s) on the customer’s land such that property improvements are uninhabitable or unusable and cannot contribute flow to the publicly owned treatment works.

“Temporary Reserve Equivalent Residential Unit” shall mean an ERU for which the annual sewer service has been billed and subsequently temporarily taken out of service at the customer request and upon District verification, and the annual sewer service charge is suspended.

“Total suspended solids” shall mean the total concentration as measured by the standard TSS laboratory test.

“Wastewater” shall mean used water and water-carried solids that flow to the publicly owned treatment works.

“Wastewater collection system” shall mean the pipes and appurtenances necessary to convey wastewater within the public right-of-way or in public sewer easements to the treatment facilities and is part of the publicly owned treatment works.