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Lovington Overview
Lovington, NM Code of Ordinances
CITY OF LOVINGTON, NEW MEXICO CODE OF ORDINANCES
Title 1 GENERAL PROVISIONS
Title 2 ADMINISTRATION AND PERSONNEL
Title 3 REVENUE AND FINANCE
Title 4 RESERVED
Title 5 BUSINESS LICENSES AND REGULATIONS
Title 6 ANIMALS
Title 7 RESERVED
Title 8 HEALTH AND SAFETY
Title 9 PUBLIC PEACE, MORALS AND WELFARE
Title 10 VEHICLES AND TRAFFIC
Title 11 RESERVED
Title 12 STREETS, SIDEWALKS AND PUBLIC PLACES
Title 13 PUBLIC SERVICES
Title 14 RESERVED
Title 15 BUILDINGS AND CONSTRUCTION
Title 16 SUBDIVISION OF LAND
Title 17 ZONING
STATUTORY REFERENCES FOR NEW MEXICO MUNICIPALITIES
CROSS-REFERENCE TABLE
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13.08.010   Definitions.
   As used in this chapter:
   "C. O. D." (denoting chemical oxygen demand) is a measure of the oxygen-consuming capacity of organic and inorganic matter present in wastewater as milligrams per liter (mg/1)
   "Domestic sewage" means waterborne wastes normally discharging from the sanitary conveniences of buildings (including apartment houses and hotels), office buildings, factories and institutions, free from storm surface water and industrial wastes. "Normal domestic sewage" means normal sewage for the city.
   "Garage" means solid wastes from the preparation, cooking and dispensing of food, and from the handling, storage and sale of produce.
   "Industrial liquid wastes" means all waterborne solids, liquids or gaseous wastes resulting from any industrial manufacturing or food processing operation or process, or from the development of any natural resource, or any mixture of these with water or domestic sewage as distinct from normal domestic sewage. Industrial processes shall include but are not limited to production or refining of petroleum and petroleum products, processing of foods or beverages, the production of fertilizer, keeping of livestock and operation of dairies, manufacture of paper, production or dyeing of textiles, production of soap or detergents or chemicals, cleaning of tanks, tank cars or barrels, plating of metals, processing or reclamation of refuse, all kinds of manufacturing and other similar operations, the washing of equipment or spaces used in industrial operations and the disposal of waste products contained in Liquids from laundries, hospitals, grocery stores, restaurants, and other public establishments. Unless the sewage contains the waste substances above described, industrial liquid waste shall not include wastewater resulting from the operation of hotels, motels, schools or other retail establishments other than those listed above, nor shall industrial liquid waste include wastewater from the operation of vehicle service stations, wash racks or garages. Liquid industrial waste shall not include any domestic sewage from industrial or retail establishments.
   "Interference with any sewage treatment process" means any condition or combination of conditions which causes degradation of the operational efficiency of a sewage treatment process.
   "pH" means the logarithm (base ten) of the reciprocal of the hydrogen ion concentration of a solution.
   "Public sewer" means a sewer in which all owners of abutting properties shall have equal rights, and is controlled by public authority.
   "Sanitary sewer" or "sewerage system" means a public sewer which transports sewage and to which stormwater, surface water and groundwater are not intentionally admitted.
   "Settleable solids" means those solids which settle during a preselected period of time as expressed in milliliters per liter of sample.
   "Sewage" means a combination of the water-carried wastes from residences, business buildings, institutions and industrial establishments.
   "Sewage treatment plant" or "sewage works" means any facilities, devices and structures used for receiving and treating sewage from the sanitary sewer system.
   "Standard methods" means the laboratory procedures set forth in the latest edition, at the time of analysis, of "Standard Methods for the Examination of Water and Sewage," as prepared, approved and published jointly by the American Public Health Association and American Water Works Association and the Water Pollution Control Federation.
   "Storm sewer" means a sewer which carries stormwaters, surface waters and drainage, but excludes sewage and polluted industrial wastes.
   "Trap" means a device for retaining sand, silt, grit, mineral material, petroleum solvent, grease or oil by gravity differential separation from wastewater and of a design and capacity approved by the city.
   "Unpolluted process water" means any water or waste containing none of the following: emulsified grease or oil; acid or alkali; phenols, or other substances imparting taste and odor to receiving water; toxic substances in suspension, colloidal state or solution; and noxious or odorous gases. (Prior code § 4-3-47 (2))
13.08.020   Connection with public sewer—Required— Penalties.
   A.   When the city makes available a sewer line within one hundred feet of any lot or parcel of land located within the city, the owner shall make application to and connect with the sewer system of the city; and upon the owner's failure to do so within ninety days, the occupant thereof shall, within ninety days, make application to and connect with the utility system of the city. Upon connection with the utility system of the city all cesspools and pit toilets shall be discontinued and filled.
   B.   Failing to abide by this section, the owner of any lot or parcel of land and occupant thereof shall be subject to a fine of twenty-five dollars for each offense for each thirty days in which this section has not been complied with. As a separate and additional remedy, if the owner or occupant fails to connect with such sewer system or fails to fill all cesspools and pit toilets, the city commission by resolution may declare the premises a nuisance and summarily abate such nuisance by padlocking the same or enjoining the occupancy of such premises. Upon the premises being declared a nuisance, the city shall no longer furnish water service to such premises and it is unlawful for any utility to serve such premises and any utility or employee thereof thereafter serving such premises shall be subject to a fine of twenty-five dollars for each offense.
(Ord. 553, 2017: prior code § 4-3-26)
13.08.030   Privies and cesspools prohibited.
   Except where otherwise provided, no person shall maintain within the city any privy, privy vault, septic tank, cesspool or other facility intended for use for the disposal of sewage. Where a public sanitary sewer is not available within the city or in any area under the jurisdiction of the city, the building sewer shall be connected to a private sewage disposal plant system complying with the provisions and recommendations of the New Mexico Department of Health and Social Services. Such private sewage disposal system shall be constructed, maintained and operated at all times in a sanitary manner. At such time as a public sanitary sewer becomes available to the property served by a private sewage disposal system, a direct connection shall be made to the public sanitary sewer in accordance with the provisions of this section and any septic tank, cesspool or similar sewage disposal facilities shall be abandoned and filled with suitable material. (Prior code § 4-3-30)
13.08.040   Connections— Regulations.
   All connections shall be regulated by and conform to the latest edition of "The Plumbing Code of the State of New Mexico."
(Ord. 553, 2017: prior code § 4-3-47 (16))
13.08.050   Sanitary sewer line— Specifications.
   All new sanitary sewer line design and construction shall conform to the "Uniform Standard Specifications for Public Works Construction Projects," 1970 Interim Edition, and applicable provisions of ASTM C 440. Should a conflict exist, the "Uniform Standard Specifications for Public Works Construction Projects" shall prevail. (Prior code § 4-3-47 (17))
13.08.060   Connections, pipes or drains—Permit required.
   It is unlawful for any person to open, uncover or in any manner make connection with any sewer main or line in the city, or to lay drain or sewer pipes on any premises or in any street or alley in the city without first obtaining a written permit therefor from the city manager or his authorized representative. (Prior code § 4-3-31)
13.08.070   Connection permit-Application.
   The application for such permit shall be in writing and shall contain the following information:
   A.   Name and address of applicant;
   B.   Name and address of owner of the premises where the connection is to be made and where drain or line is to be laid;
   C.   Location of the proposed connection, drain or sewer pipes;
   D.   Statement as to the type of connection and type of materials to be discharged into the sewer;
   E.   Statement as to whether the connection is to be made to the storm sewer or the sanitary sewer. (Prior code § 4-3-32)
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