The following regulations shall apply to the use of gray water for residential landscape purposes:
   A.   Definitions:
    GRAY WATER: Untreated household wastewater that has not come in contact with toilet waste and includes wastewater from bathtubs, showers, washbasins, clothes washing machines and laundry tubs, but does not include wastewater from kitchen sinks or dishwashers or laundry water from the washing of material soiled with human excreta, such as diapers.
   B.   Use Of Gray Water For Residential Landscape Purposes:
      1.   Under sections 74-6-2 and 74-6-4, New Mexico Statutes Annotated 1978, as amended, a resident, without a permit from the New Mexico environmental department, may apply less than two hundred fifty (250) gallons per day of private residential gray water originating from his/her residence for the resident's household gardening, composting or landscape irrigation if:
         a.   A constructed gray water distribution system provides for overflow into the sewage collection or on site wastewater treatment and disposal system;
         b.   A gray water storage tank is covered to restrict access and to eliminate habitat for mosquitoes or other vectors;
         c.   A gray water system is sited outside of a floodway;
         d.   Gray water is vertically separated at least five feet (5') above the ground water table. Gray water shall not be applied within one hundred feet (100') of a domestic well or within two hundred feet (200') of a public water well;
         e.   Gray water pressure piping is clearly identified as a nonpotable water conduit;
         f.   Gray water is used on the site where it is generated and does not run off the property lines;
         g.   Gray water is applied in a manner that minimizes the potential for contact with people or domestic pets. Gray water application methods that reduce contact include drip irrigation, shallow piping systems, or mulch trenches;
         h.   Ponding of gray water is prohibited and application of gray water must be managed to minimize standing water and to prevent saturation of the soil;
         i.   Gray water is not sprayed;
         j.   Gray water is not discharged to a watercourse. Discharge of gray water must be at least one hundred feet (100') from streams or lakes or twenty five feet (25'), plus the depth of the arroyo, from an arroyo; and
         k.   Gray water use within municipalities or counties complies with all applicable municipal or county ordinances enacted pursuant to chapter 3, article 53, New Mexico Statutes Annotated 1978.
      2.   A gray water system that is designed to discharge more than two hundred fifty (250) gallons per day from a private residence requires a permit from the New Mexico environment department.
      3.   Notwithstanding that a permit from the New Mexico environment department is not required in order to apply less than two hundred fifty (250) gallons per day of private water, any resident who wishes to apply less than two hundred fifty (250) gallons per day of private residential gray water, and who wishes to construct, install, or alter, or cause to be constructed, installed or altered any gray water system, shall first obtain a plumbing permit, from the construction industries division of the regulation and licensing department of the state of New Mexico, and such gray water system shall comply with all standards for gray water systems set out in appendix G of the uniform plumbing code, 1997 edition as adopted by the city of Deming, or such later editions, as may be adopted, from time to time, by the city of Deming. The installation of a gray water system shall be done or supervised by a licensed plumber, and such licensed plumber shall certify that such installation complies with the standards of the uniform building code.
   C.   Penalty: Any person violating any of the provisions of this section, shall be punished as provided in section 1-4-1 of this code, and a separate offense shall be deemed committed on each day during or on which a violation occurs or continues. (Ord. 1087, 6-14-2004)