As used in this chapter:

“Act” means the Federal Water Pollution Control Act, also known as the Clean Water Act, as defined in 33 U.S.C. § 1251, et seq., as it may be amended from time to time.

“Casino” means a place which is not a part of a motel where games of chance or gambling devices are made available for play by the public.

“Church” means a structure primarily used for activities sponsored by a religious organization.

“City” means the city of North Las Vegas, Nevada.

“Class I” means any industrial user whose wastewater contribution permit is classified according to the criteria established in Section 13.28.150(A)(1) of this municipal code.

“Class II” means any industrial user whose wastewater contribution permit is classified according to the criteria established in Section 13.28.150(B)(1) of this municipal code.

“Commercial” means businesses who provide service(s) or product(s) or are connected with commerce and are not classified as residential.

“Commercial user” means any commercial business that discharges domestic wastewater and/or industrial wastewater into the system.

“Consumer Price Index (CPI)” means the Consumer Price Index (CPI), All Urban Consumers, U.S. City Average (CPI-U) as published by the U.S. Department of Labor, Bureau of Labor Statistics, Washington, D. C.

“Convalescent home” or “rest home” or “convalescent/rest home” means an establishment used or designed to provide personal and health care supervision to humans who are convalescents, invalids, aged or infirm.

“Development fees” means all of the fees collected by the city: described in Section 13.24.070 of this chapter.

“Director” means the director of utilities of the city or his/her authorized agent or representative.

“Domestic wastewater” means water containing human excretions, household cleaning wastes, household food wastes, and wastes from household drain-cleaning products specifically designed to be introduced into the system (so long as they are used in accordance with directions on the product label), whether discharged by a residential user, a commercial user, an industrial user, or otherwise; provided, however, that the phrase excludes process wastewater from any business or industrial process, ground garbage and food wastes from restaurants and other commercial food vendors, and hazardous materials from residences and other users except as otherwise provided in this definition.

“Dwelling unit” means any building or portion thereof which contains living facilities, including areas for sleeping, eating, cooking and sanitation, for not more than one family or a congregate residence for ten (10) or fewer persons.

“Equivalent residential unit (ERU)” means the average amount of wastewater generated by a single-family residence without a swimming pool, which has been determined to be ninety thousand (90,000) gallons per year in accordance with the “City of North Las Vegas User Charge Study, December 1980.”

“Family” means an individual or two or more persons related by blood or marriage or a group of not more than five persons (excluding servants) who need not be related by blood or marriage living together in a dwelling unit.

“Fixture” means a device which drains into the city’s system and includes but is not limited to the following:

a. Bathtub (with or without overhead shower);

b. Bidet;

c. Combination sink and tray (with or without food disposal unit);

d. Dental unit or cuspidor;

e. Dishwasher, domestic;

f. Faucet heads for water supply (which flow into a single drain or trench drain);

g. Floor drains;

h. Kitchen sink, domestic (with or without food waste grinder);

i. Laundry tray (one or two compartments);

j. Lavatory;

k. Lavatory, barber, beauty parlor, dental, surgeon’s;

l. Shower stall, domestic;

m. Showers (group) per head (which flow into a single drain);

n. Sinks;

i. Flushing rim (with valve),

ii. Hand,

iii. Mop,

iv. Pot, scullery, etc.,

v. Service (trap standard),

vi. Service (protective trap),

vii. Surgeons;

o. Urinal;

p. Urinal trough (each two-foot section shall constitute one fixture);

q. Washing machine;

r. Wash sink (circular or multiple), each set of faucets;

s. Water closet, tank-operated or valve-operated;

t. For the purpose of establishing fees, the following devices and appliances are expressly excluded from the definition of “fixture”:

i. Air-conditioner,

ii. Boiler,

iii. Coffee urn,

iv. Drinking fountain,

v. Floor drain without direct water supply,

vi. Garbage disposal unit,

vii. Grease trap or interceptor,

viii. Ice machine,

ix. Refrigerator,

x. Sampling manhole,

xi. Sand/oil interceptor,

xii. Soft drink machine,

xiii. Steam table,

xiv. Water softener,

xv. X-ray machine.

“Frontage” means any portion of the property adjacent to a serviceable wastewater main alignment, as determined by the director.

“Grease interceptor” means a device that is designed and installed in such a manner as to separate and retain grease and, at the same time, permit industrial wastewater to be discharged into the city’s system.

“Hazardous materials” means any waste or combination of wastes, including without limitation solids, semi-solids, liquids or contained gases, except household waste, which:

a. Because of its quantity or concentration or its physical, chemical or infectious characteristics may:

i. Cause or significantly contribute to an increase in mortality or serious irreversible or incapacitation illness; or

ii. Pose a substantial hazard or potential hazard to human health, public safety or the environment when it is given improper treatment, storage, transportation, disposal or other management.

b. Is identified a hazardous waste by the Nevada Department of Conservation and Natural Resources as a result of studies undertaken for the purpose of identifying hazardous wastes.

c. Is defined under the Resource Conservation Recovery Act 40 Code of Federal Regulations 261.3. The term includes, among other wastes, toxins, corrosives, flammable materials, irritants, strong sensitizers and materials which generate pressure by decomposition, heat or otherwise.

“Hospital” means 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 one or more physicians.

“Hotel” or “motel” or “hotel/motel” means any building containing six or more guest rooms intended or designed to be used, or which are used, rented or hired out to be occupied, for sleeping purposes by guests.

“Industrial user” means:

a. Any user who discharges industrial wastewater into the system;

b. Any user who is subject to regulations promulgated in accordance with the Act.

“Industrial wastewater” means any wastewater that is not domestic wastewater or stormwater.

“Lateral” means the wastewater service connection pipeline from a point of use to the city’s wastewater main, up to and including the connection to the city’s wastewater main.

“Large commercial user” means an establishment which uses more than nine million (9,000,000) gallons of water per year.

“Laundromat” means an establishment where coin-operated washing machines are provided for self-service washing by the public.

“Laundry” means an establishment where clothing, cellulose or synthetic based material is washed for remuneration.

“Man-made water feature” means any water feature that is classified under the name “man-made decorative water feature” according to the criteria established in Section 13.16.020 of this municipal code.

“Multifamily” means a structure containing two or more dwelling units.

“Nuisance groundwater” means any groundwater flowing naturally or discharged from a well, to the surface of the land.

“Oversizing agreement” means an agreement between a developer/customer and the city, allowing for the reimbursement of the cost difference of installing a wastewater main of a larger diameter, as required by the city, than the diameter needed by the developer/customer.

“Person” means a natural person, a corporation, a firm, a partnership, a joint venture, a trust, an estate or any other entity.

“Property owner” means an owner of real property, including the structure thereupon.

“Refunding agreement” means an agreement between a developer/customer and the city allowing for the reimbursement of wastewater main connection fees collected by the city with respect to a wastewater main extension installed by the developer/customer adjacent to property other than property owned by the developer/customer.

“Residential” means one or more rooms designed for use as living quarters for one family and having facilities for the preparation of food.

“Residential user” means any residential customer, including single-family and multi-family, that discharges domestic wastewater into the system.

“Restaurant” means a place where the primary business is serving food to the public. This definition includes restaurants located within a casino and/or motel/hotel.

“School” means an establishment, whether public or private, in which is offered a full-time academic, vocational or technical course of study or other educational services whether elementary, secondary or post-secondary.

“Septic tank” means a watertight receptacle which receives the discharge from a building, sanitary drainage system, or any part thereof, and is designed and constructed in such a manner as to separate the solids from the liquid, digest the organic matter through a period of detention and allow the liquid to be discharged into the soil outside the tank through a system of open joint or perforated piping or a seepage pit.

“Single-family” means one or more rooms designed for use as living quarters for one family and having facilities for the preparation of food.

“Stormwater” means uncontaminated water resulting from precipitation, irrigation with drinking water; or clean groundwater.

“Stormwater collection system” means a conveyance system for carrying storm and surface waters and drainage water excluding wastewater.

“Swimming pool” means any feature that is classified under that name according to the criteria established in Section 13.16.020 of this municipal code.

“System” means the wastewater service connections and all of the facilities that are used by the city for the collection, pumping, transportation, treatment and final disposal of wastewater, including, without limitation, the wastewater collection system of the city and/or the wastewater treatment system of the city of Las Vegas and/or the Clark County Water Reclamation Plant.

“Trailer” means a vehicular structure which is built on a chassis or frame, designed to be used with or without a permanent foundation and may be used as living quarters for a family whether drawn by a motor vehicle or propelled by its own power.

“Trailer court” or “trailer estates” or “trailer courts/estates” means a place which is used or intended for use to park two or more trailers, mobile homes or manufactured homes for occupancy as living quarters for a family.

“Wastewater” means any liquid, solid or gaseous waste that enters the system.

“Wastewater main connection fees” are those fees that are necessary to equitably prorate the expense of development and transmission of wastewater from the source to the ultimate point of disposal. These fees include the prorated share of the construction of wastewater mains, manholes, lift stations, metering devices and other necessary capital expenditures for the city’s system.

“Wastewater main construction fees” are those assessed, prorated costs for the installation of the wastewater main and appurtenances along the frontage of the specific property. These fees are applicable where the city installs or has installed the wastewater main adjacent to the property. These fees are not assessed where the subdivider, developer and/or property owner installs the wastewater main at their expense, provided that the installed wastewater mains are inspected and accepted by the city.

“Wastewater main extension fees” means an administrative fee charged by the city for the administrative costs incurred by city staff for the initiation and processing of a refunding agreement.

“Wastewater main oversizing fees” means an administrative fee charged by the city for the administrative costs incurred by city staff for the initiation and processing of an oversizing agreement.

“Wastewater main” refers to those pipelines installed in dedicated easements or rights-of-way designed to receive tributary wastewater flows from one or more laterals. (Ord. 2407 § 1, 2007; Ord. 2308 § 1 (part), 2006)

The use of a septic tank shall be subject to approval by the director. (Ord. 2308 § 1 (part), 2006)

A. Every premise which abuts a street, public easement or alley in which there is an available public wastewater main, or which is within four hundred (400) feet of an available public wastewater main, shall be connected to the wastewater main, by the owner or agent of the premises, and in the most direct manner possible, and with a separate connection for each residence or building.

B. All wastewater main extensions and appurtenant work shall conform to the standard specifications of the city and the work shall be performed to the satisfaction of the city. Connections to existing wastewater mains shall be made only in the presence of a representative of the city and at the times specified by the city. Shutting down of wastewater mains for the purpose of making connections will not be permitted.

C. It is unlawful for any person, state and/or federal facility to fail or refuse to connect their property to the city’s system.

D. It is unlawful for any person, state and/or federal facility to contribute wastewater to the city’s system without paying all required development fees. (Ord. 2308 § 1 (part), 2006)

It shall be the responsibility of the property owner to maintain the entire lateral in a free flowing condition and to clear any blockages. The property owner is responsible for all repair work required on the portion of the lateral located on their property. It is the property owner’s responsibility to demonstrate to the city that the lateral within the city’s right-of-way requires repair. In the interest of public health, safety and welfare, the city will perform all repair work, for which there is a demonstrated need, on the portion of the lateral located within the city’s right-of-way. (Ord. 2308 § 1 (part), 2006)

A. It is unlawful for any person, state and/or federal facility to make any new connection or to maintain any existing connection of any stormwater and/or nuisance groundwater source to any lateral and/or the system, unless approved by the director.

B. It is unlawful for any person, state and/or federal facility to make any new connection or to maintain any existing connection of any lateral and/or the system to the stormwater collection system. (Ord. 2308 § 1 (part), 2006)

All additions and modifications to the city’s system, such as new wastewater mains and wastewater main connections, shall be properly designed and the engineering plans shall be sealed by a professional engineer registered in the state of Nevada when submitted to the city. All additions and modifications shall be constructed by a licensed contractor, and shall conform to the requirements of all applicable local, state and federal laws, including without limitation, the provisions of the “Design and Construction Standards for Wastewater Collection Systems, Current Edition” for the Southern Nevada area originally adopted by the city on August 14, 1991, as amended from time to time, and shall meet the approval of the director. (Ord. 2308 § 1 (part), 2006)

A. Wastewater Main Connection Fees. In order to fairly assess the capital expenditures for the city’s system prior to obtaining wastewater services, property owners, subdividers, developers and builders shall pay certain one-time wastewater main connection fees as hereinafter set forth. Such fees are in addition to other development fees required pursuant to this chapter. The following tables set forth the classification of the user of the city’s system, the equivalent residential unit (ERU) for the unit measured and the connection fee assessed per unit.

1. For those users who, as determined by the director introduce wastewater that will eventually reach the city of Las Vegas’ publicly owned treatment works’ (“POTW”), the following wastewater connection fees shall apply:

* If the director determines that the business does not fit any of the categories set forth and the amount set forth in “All other businesses” is insufficient for the burden placed on the system, the director may determine a different ERU unit and/or connection fee for the business based upon the business’ estimated water use or first year after connection historical data or both.

2. For those users who, as determined by the director introduce wastewater that will eventually reach the Clark County Water Reclamation Plant’s POTW, the following wastewater main connection fees shall apply:

* If the director determines that the business does not fit any of the categories set forth and the amount set forth in “All other businesses” is insufficient for the burden placed on the system, the director may determine a different ERU unit and/or connection fee for the business based upon the business’ estimated water use or first year after connection historical data or both.

3. Any addition to an existing use shall pay wastewater main connection fees calculated as if the addition is a use in and of itself.

4. Any multiple use development shall have wastewater main connection fees calculated on each independent use.

5. An owner of any structure that is demolished in its entirety so that a new structure can be built on the underlying real property or an owner of the underlying real property can request that wastewater main connection fees paid to the city from the original structure be considered to fulfill payment responsibilities of wastewater main connection fees for the new structure depending on a predemolition inspection of the structure by the city to verify existing fixtures. It shall be the property owner’s responsibility to contact the city to perform a predemolition inspection of the original structure to verify the existing fixtures. If the structure(s) is demolished without a predemolition inspection by city staff, no credit will be granted for wastewater main connections previously paid to the city. Based on the inspection, the city will calculate the number of ERUs previously assessed to the structure(s). The calculation shall meet the approval of the director. If the calculation demonstrates that the number of ERUs has increased based on the fixture counts of the new structure, the property owner will be required to pay the amount of the difference for the wastewater connection fees to the city based upon the fees in effect at the time of the new building permit. However, if the calculation demonstrates that the number of ERUs have decreased based on the fixture counts of the new structure, the city will not be required to pay the difference of the wastewater main connection fees to the property owner.

6. The city of North Las Vegas, Clark County Water Reclamation District (District), the city of Las Vegas, and the city of Henderson have amended their service rules or ordinances to impose a regional connection charge to correspond with charges adopted by the Clean Water Coalition (CWC). A schedule of the charges adopted by the CWC is below. The revenue from these charges is passed through to the CWC from the District, North Las Vegas, Las Vegas, and Henderson to pay for their share of regional infrastructure.

* Rates are determined by using 85% of estimated annual water usage, dividing by 90,000 gallons, and multiplying by the single family residence cost ($400 for the initial charge, $812 as of July 1, 2007, $824 as of January 1, 2008, $836 as of July 1, 2008, $849 as of January 1, 2009.)

B. Wastewater Main Construction Fees.

1. Wastewater main construction fees are assessed to allow the city to recover prorated costs for installation of the wastewater main and appurtenances along the frontage of the property. Regardless of the main size, wastewater main construction fees will be based on a minimum of twenty dollars ($20.00) per front foot of property frontage wherein the main rendering the service to the property is located. Where a refunding agreement is in place with the city based on the actual cost of construction, wastewater main construction fees will be based on one-half of the per lineal foot installation cost of the main multiplied by the length of property fronting the main. This fee is applicable, regardless of whether the wastewater main is in existence or is to be constructed by the city. This fee is not applicable wherein the frontage main is constructed by the developer, subdivider or property owner, provided the frontage wastewater main is constructed to specifications approved by the utilities director and accepted by the city. However, if such a wastewater main connects to an existing wastewater main that also has frontage, the construction fees shall be assessed on the existing wastewater main.

2. It is assumed that all users served by city’s system on the date of adoption of the ordinance codified in this chapter have paid the wastewater main construction fees for the parcel being served except in the case of a single improvement on a larger parcel or fronting property. The frontage presumed to have been paid for shall, in the case of residential land, be minimum frontage provided in the zoning ordinance for the land use in which the property is situated or be calculated by measurement of the structure or structures and adding thereto the side yards required by the zoning ordinance, whichever is greater. In the case of commercial developments, the frontage presumed to be paid for is that frontage calculated by measurements of the structure plus area for driveways, fire lanes and parking area as required by the zoning ordinance. Any resident served by a private wastewater facility is not presumed to have paid a wastewater main construction fee.

C. Refunding Agreement for Wastewater Main Extensions. Applicants for wastewater main extensions are responsible for payment of the entire cost of such extension, unless modified due to extenuating circumstances. The actual cost of the extension may be reimbursed to the applicant through the proper execution of a refunding agreement with the city. The amount of refund is limited to those wastewater main construction fees collected on the extended wastewater main during the ten (10) years following the acceptance of the wastewater main by the city, but shall not exceed ninety-five (95) percent of the actual cost to the applicant for the wastewater main extension (less any portion of the cost applicable to any portion of the wastewater main adjacent to property owned by the applicant). Refunding agreements will be secondary to the city recouping all associated costs the city paid for oversizing any such wastewater main. Refunding agreements under twenty-five thousand dollars ($25,000.00) may be approved by the city manager. Refunding agreements of twenty-five thousand dollars ($25,000.00) and more must be submitted for approval by the city council. Applicants entering into any refunding agreement with the city shall pay an administrative fee of two hundred dollars ($200.00) for the initiation and processing of the agreement.

D. Oversizing Agreement for Wastewater Main Extensions. In some situations, reimbursement may be due to the developer for oversizing of wastewater mains. Participation by the city in the oversizing of the wastewater main extension shall be based on the difference in inches of the diameter of the wastewater main installed and the diameter of the wastewater main required of the developer. Reimbursements for oversizing will be effectuated through an oversizing agreement. Oversizing agreements under twenty-five thousand dollars ($25,000.00) may be approved by the city manager. Oversizing agreements of twenty-five thousand dollars ($25,000.00) and more must be submitted for approval by the city council. Applicants entering into any oversizing agreement with the city shall pay an administrative fee of two hundred dollars ($200.00) for the initiation and processing of the agreement.

E. Any other applicable fees as stated in Chapter 2.36 of this code entitled “Administrative Fees.”

F. Wastewater Connection Permit Fee. Prior to the connection of any property to the city’s system, the property owner thereof shall obtain a wastewater service connection permit from the city’s building and safety division of the public works department upon payment of a wastewater connection permit fee of thirty-five ($35.00). (Ord. 2376 § 1, 2007; Ord. 2308 § 1 (part), 2006)

A. All users of the city’s system shall be charged a monthly service fee plus a user fee. The monthly service fee was established by dividing the estimated cost to the city for accounting services, taxes, billing and account collection by the number of accounts. A user fee was established by dividing the estimated cost to the city for operation, maintenance and local debt service for the system by the estimated annual flow attributed to residential users, commercial users and industrial users to establish a cost per one thousand gallons of water usage.

* All Single-family accounts shall be based on actual water usage with a maximum of 8,000 gallons per month. All Multi-family accounts shall be based on actual water usage with a maximum of 6,000 gallons per unit per month.

** If a Large Commercial user can demonstrate that its entire metered water usage is not consumptive (discharged back to the system), adjustments may be considered on a case-by-case basis for representative wastewater volume discharged to the system. Any adjustments to the user fee are subject to the approval of the director.

In addition, each year thereafter on October 1st the rates will be increased by the Consumer Price Index (CPI) with a maximum of 3% per year.

B. Industrial User Fees.

1. Permitting and Compliance Monitoring Fees. In addition to all other fees above, each industrial user shall pay, monthly, the following fees for permitting and compliance monitoring:

2. Administrative Penalty Fees. The following actions will result in the specified administrative penalty fee:

This schedule of administrative penalties does not preclude the city from enforcing the requirements of Chapter 13.28 of this code by the issuance and prosecution of misdemeanor citations and/or the filing and prosecution of civil actions against the violator.

3. Appeal Fees. The following is the schedule of appeal fees:

C. Regional Wastewater User Charge.

1. This fee is imposed to provide a regional wastewater user charge to fund the Clean Water Coalition. The city of North Las Vegas will pass through the revenue from this charge to the Clean Water Coalition to pay for its share of regional wastewater infrastructure.

2. The regional wastewater user charge for each residential customer is eighty (80) cents per month.

3. The regional wastewater user charge for each multi-family unit is sixty (60) cents per month.

4. The regional wastewater user charge for all classes of commercial customers is four percent of the total wastewater bill.

5. These regional wastewater user charges take effect July 1, 2007. (Ord. 2407 § 2, 2007; Ord. 2379 § 1, 2007; Ord. 2308 § 1 (part), 2006)

All bills and fees for services rendered hereunder shall be sent out monthly and all such billings shall be based upon the previous thirty (30) day period. Failure to pay the entire amount shown on the bill within twenty-seven (27) days of billing date will result in a late billing fee of ten (10) percent of the entire bill. Bills for water furnished, wastewater service system fees charged pursuant to Section 13.24.080, and garbage pickup and disposal may, at the option of the city, be jointly billed. Failure to pay for any one fee billed or all fees billed shall constitute default on all. All fees due shall be a debt and obligation for the person or persons using these services and shall constitute a lien against the premises served. Such person using these services or property owner whose property is furnished these services shall be liable therefore in any action commenced by the city for the recovery of such fees in any court of competent jurisdiction. (Ord. 2308 § 1 (part), 2006)

Any person, state and/or federal facility who violates any of the provisions of this chapter is guilty of a misdemeanor and upon conviction thereof shall be punished by a fine not to exceed one thousand dollars ($1,000.00) or by imprisonment in the city detention center for a period not to exceed six months, or by both such fine and imprisonment. Each separate day during which any violation of this chapter occurs or continues constitutes a separate offense. (Ord. 2308 § 1 (part), 2006)