reglab/statecodes huggingface dataset:
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 7 - WASTEWATER AND WATER SUPPLY FACILITIES › Part 9 - COLONIAS WASTE WATER GRANT POLICIES › Section 20.7.9.400 - PAYMENT REQUIREMENTS

Current through Register Vol. 35, No. 13, July 16, 2024
A.
				Interim Payments:
(1) For satisfactory
				performance of all work and services required to be performed under the terms
				of the grant agreement, NMED shall reimburse the Grantee its actual costs
				incurred. The Grantee may submit requests for reimbursement as often as every
				month. NMED shall disburse funds to the Grantee when NMED determines, in its
				sole discretion, that expenditures have been properly documented, as provided
				for in the general requirements for allowable and unallowable costs, accounting
				procedures, and record keeping. Copies of all pay request vouchers shall be
				submitted to the NMED with request for payment. Two copies of all requests
				shall be submitted on the appropriate form furnished by NMED and shall be
				accompanied by appropriate documentation to assure that those costs are correct
				and within the approved scope of work and attached budget form. Requests shall
				include expenditures to date by category.
(2) Unless good cause exists which would
				justify a higher amount, the NMED shall withhold five percent of payments due
				and owing a contractor from the Grantee until fifty percent of the contract has
				been billed. Unless good cause exists, the NMED shall not withhold any
				additional retainage from billings after fifty percent of the contract has been
				billed by the Grantee and approved by the NMED.
(3) Such retainage shall be held by NMED
				pending its final project inspection and acceptance, which shall be performed
				promptly and the results of which convey to the Grantee in writing. The project
				will not be considered complete until the work as defined in the grant
				agreement and the State approved plans and specifications has been fully
				performed and finally and unconditionally accepted by the Grantee and
				NMED.
(4) Interim payments will be
				made as the work progresses. Said payments will be based upon requests for
				payment prepared and certified by the Grantee or the Grantee's engineer to
				include value of work performed, materials on hand, and materials in place in
				accordance with the contract. Interim payments for engineering, inspection,
				legal services, or other approved services shall be made in accordance with the
				approved contracts or agreements.
(5) Any portion of funds paid by NMED to the
				Grantee which remain unexpended after completion of the project shall revert to
				Colonias Wastewater Construction Grant Program.
(6) The Grantee shall furnish the NMED with
				an estimated disbursement schedule at the beginning of the project.
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 7 - WASTEWATER AND WATER SUPPLY FACILITIES › Part 9 - COLONIAS WASTE WATER GRANT POLICIES › Section 20.7.9.500 - PROJECT PLANNING GUIDELINES, DESIGN REQUIREMENTS AND CONSTRUCTION REQUIREMENTS

Current through Register Vol. 35, No. 13, July 16, 2024
A.
				Planning Guidelines:
(1) Facilities planning
				consists of those necessary plans and studies that directly relate to the
				collection system and treatment works needed to comply with the Federal Clean
				Water Act and New Mexico Water Quality Act. Facilities planning will
				substantiate the need for the proposed facilities. It is a systematic
				evaluation of alternatives in regard to unique demographic, topographic,
				hydrologic, and institutional characteristics of the area that demonstrates
				that the selected alternative is cost effective in meeting the applicable
				effluent, groundwater and surface water quality, and public health requirements
				over the design life of the facility (while recognizing environmental and other
				nonmonetary considerations).
(2)
				The selection of the best wastewater and sludge management alternative is the
				most important outcome of the planning process.
(3) The facilities plan (feasibility report
				or engineer's report) should include:
(a) A
				description of the proposed project and the complete system of which it is a
				part.
(b) A cost-effective analysis
				of the project in providing wastewater services to meet existing Colonias
				residents' wastewater needs. Costs to be considered must include the present
				worth or equivalent annual value of all capital costs as well as operation and
				maintenance costs. Population forecasts should be consistent with county or
				state planning assessments.
(c)
				Cost information on total capital costs and annual O&M as well as estimated
				annual or monthly costs to residential and commercial users.
(d) An adequate evaluation of the
				environmental impacts of alternatives.
(e) For the selected alternative, a concise
				description that details:
(i) Relevant design
				parameters;
(ii) Estimated capital
				construction cost and operation and maintenance costs identifying sources of
				funds and local share; and
(iii)
				Cost impact on users.
(f)
				Demonstration that the Grantee has the legal, institutional, managerial, and
				financial capability to ensure adequate construction and operation and
				maintenance of the treatment works throughout the service area.
(g) Summary of public participation in the
				development of the facilities plan.
(4) If any of the above information has been
				developed separately, it may be incorporated by reference rather than
				duplication.
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 7 - WASTEWATER AND WATER SUPPLY FACILITIES › Part 10 - DRINKING WATER › Section 20.7.10.2 - SCOPE

Current through Register Vol. 35, No. 13, July 16, 2024
All persons who own or operate a public water system or for
				  sections 200 and 201, any persons constructing a public water system project.
				  This part shall apply to each public water system, unless the public water
				  system meets all of the following conditions: (a) it consists of only
				  distribution and storage facilities (and does not have any collection and
				  treatment facilities); (b) it obtains all of its water from, but is not owned
				  or operated by, a public water system to which such regulations apply; (c) it
				  does not sell water to any person; and (d) it is not a carrier which conveys
				  passengers in interstate commerce.
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 7 - WASTEWATER AND WATER SUPPLY FACILITIES › Part 10 - DRINKING WATER › Section 20.7.10.3 - STATUTORY AUTHORITY

Current through Register Vol. 35, No. 13, July 16, 2024
NMSA 1978, Sections
				  74-1-6,
				  74-1-8,
				  74-1-10,
				  74-1-13
				  and
				  74-1-13.1.
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 7 - WASTEWATER AND WATER SUPPLY FACILITIES › Part 10 - DRINKING WATER › Section 20.7.10.5 - EFFECTIVE DATE

Current through Register Vol. 35, No. 13, July 16, 2024
December 4, 2002, except where a later effective date is
				  indicated in the history note at the end of a section.
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 7 - WASTEWATER AND WATER SUPPLY FACILITIES › Part 10 - DRINKING WATER › Section 20.7.10.6 - OBJECTIVE

Current through Register Vol. 35, No. 13, July 16, 2024
The objective of Part 10 of Chapter 7 is to establish
				  regulations for public water systems.
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 7 - WASTEWATER AND WATER SUPPLY FACILITIES › Part 10 - DRINKING WATER › Section 20.7.10.7 - DEFINITIONS

Current through Register Vol. 35, No. 13, July 16, 2024
In addition to any other terms defined in 40 CFR Parts 141
				  and 143, the following terms, as used in this part shall have the following
				  meanings.
A. "Definitions that begin
				with the letter "A." "Appurtenance"or "Appurtenances" means machinery,
				appliances, structures and other parts of the main structure necessary to allow
				the main structure to operate as intended, but not considered part of the main
				structure.
B. "Definitions that
				begin with the letter "B."
(1) "Bag filters"
				has the meaning defined in 40 CFR Part 141.
(2) "Best available technology" or "BAT" has
				the meaning defined in 40 CFR Part 141.
(3) "Bureau" means the drinking water bureau
				of the New Mexico environment department.
"CFR" means the code of federal regulations.
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 7 - WASTEWATER AND WATER SUPPLY FACILITIES › Part 10 - DRINKING WATER › Section 20.7.10.8 - SUBMITTALS TO THE DEPARTMENT

Current through Register Vol. 35, No. 13, July 16, 2024
The submittal to the department of any application,
				  notification, or other information required in this part shall be accomplished
				  by submitting the required documents to the drinking water bureau within the
				  department, unless otherwise specified.
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 7 - WASTEWATER AND WATER SUPPLY FACILITIES › Part 10 - DRINKING WATER › Section 20.7.10.9 - DOCUMENTATION REQUIRED FOR POPULATION DETERMINATION

Current through Register Vol. 35, No. 13, July 16, 2024
A. Owners or operators of community water
				systems shall document, and make available to the department upon request, a
				determination of the population served by the water system. The residential
				portion of the population shall be calculated by multiplying the number of
				service connections by the average household size in the county where the
				service connections are located. The most recent census conducted by the U.S.
				census bureau shall be the source of the average household size data. Water
				haulers shall document, and make available to the department upon request, the
				number of residential accounts using water for human consumption.
B. Owners or operators of nontransient
				non-community water systems and transient non-community water system shall
				document, and make available to the department upon request, a determination of
				the population served (e.g., number of employees, number of students,
				restaurant seating capacity, number of patrons, etc.)
C. Owners or operators of water systems may
				present written documentation to the department for consideration of a
				population determination that differs from that described in Subsection A or B
				of this section.
D. The department
				will document, in writing, approval or disapproval of any population
				determination that differs from the population determination described in
				Subsections A or B of this section.
E. Owners or operators of public water
				systems shall make the information required in this section available to the
				department upon request within 45 days of the request.
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 7 - WASTEWATER AND WATER SUPPLY FACILITIES › Part 10 - DRINKING WATER › Section 20.7.10.100 - ADOPTION OF 40 CFR PART 141

Current through Register Vol. 35, No. 13, July 16, 2024
A.
				Except as otherwise provided in this section, the regulations of the USEPA set
				forth at 40 CFR Part 141 as amended from time to time, are hereby incorporated
				by reference into this part.
B. The
				term "state" means the New Mexico environment department when used in 40 CFR
				Part 141, in lieu of the meaning set forth in 40 CFR Part 141.
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 7 - WASTEWATER AND WATER SUPPLY FACILITIES › Part 10 - DRINKING WATER › Section 20.7.10.101 - ADOPTION OF 40 CFR PART 143

Current through Register Vol. 35, No. 13, July 16, 2024
A.
				Except as otherwise provided, the regulations of the USEPA set forth at 40 CFR
				Part 143 as amended from time to time, are hereby incorporated by reference
				into this part.
B. The term "state"
				means the New Mexico environment department when used in 40 CFR Part 143, in
				lieu of the meaning set forth in 40 CFR Part 143.
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 7 - WASTEWATER AND WATER SUPPLY FACILITIES › Part 10 - DRINKING WATER › Section 20.7.10.102 - GUIDANCE DOCUMENTS

Current through Register Vol. 35, No. 13, July 16, 2024
A.
Recommended standards for water works
("10 States
				Standards"), Great Lakes-Upper Mississippi River Board of State and Provincial
				Public Health and Environmental Managers, P.O. Box 7126, Albany, New York
				12224.
B. Devices listed in the
				American society of sanitary engineering seal authorization booklet, American
				society of sanitary engineering, 901 Canterbury Road, Suite A, Westlake, OH
				44145.
C.
Cross connection
				control manual
, USEPA, Washington D.C., 20460.
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 7 - WASTEWATER AND WATER SUPPLY FACILITIES › Part 10 - DRINKING WATER › Section 20.7.10.103 - AVAILABILITY OF REGULATIONS AND MATERIALS INCORPORATED BY REFERENCE

Current through Register Vol. 35, No. 13, July 16, 2024
Regulations, materials incorporated by reference into this
				  part and guidance documents are available for inspection at the New Mexico
				  Environment Department Drinking Water Bureau, 525 Camino de Los Marquez, Suite
				  4, Santa Fe, New Mexico 87501.
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 7 - WASTEWATER AND WATER SUPPLY FACILITIES › Part 10 - DRINKING WATER › Section 20.7.10.200 - PUBLIC WATER SYSTEM PROJECTS

Current through Register Vol. 35, No. 13, July 16, 2024
A. Any person undertaking a public water
				system project shall submit an application to the department and shall not use
				the new or modified facility to produce, treat, store or distribute water for
				human consumption until the department has approved the application in writing
				except that:
(1) a person conducting the
				activities under Subsection B of this section need not submit an application or
				obtain department approval; and
(2)
				a person undertaking a water projects under Subsection C of this section must
				submit an application but may undertake the project without written approval
				from the department; the department will respond to each application within the
				period specified in Subsection K of Section 201 of this part.
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 7 - WASTEWATER AND WATER SUPPLY FACILITIES › Part 10 - DRINKING WATER › Section 20.7.10.201 - APPLICATIONS FOR PUBLIC WATER SYSTEM PROJECT APPROVAL

Current through Register Vol. 35, No. 13, July 16, 2024
A. Any person proposing to undertake a public
				water system project for which an application is required under Section 200 of
				this part shall complete, sign and submit an application to the department as
				described in this section.
B. The
				application shall be made on forms furnished by the department. Applications
				for projects that require department approval shall include:
(1) one set of complete plans and
				specifications for the project; the plans and specifications must be prepared
				under the direct supervision of and sealed by a registered professional
				engineer;
(2) an engineering design
				summary which shall include engineering information that sets forth the basis
				of the project design;
(3) a plan
				to disinfect the system and sample for the presence of bacterial contamination
				following completion of the project and prior to providing water to the public;
				the criteria used by the department to review the adequacy of the plan shall
				include the current standards of the American water works association for
				disinfecting water mains, wells, water-storage facilities and water treatment
				plants; and
(4) any other relevant
				information requested by the department in order to determine compliance with
				this part.
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 7 - WASTEWATER AND WATER SUPPLY FACILITIES › Part 10 - DRINKING WATER › Section 20.7.10.202 - APPLICATION FOR WATER HAULERS THAT ARE NOT OWNED OR OPERATED BY ANOTHER PUBLIC WATER SYSTEM

Current through Register Vol. 35, No. 13, July 16, 2024
A. This section
				applies to each water hauler that is not owned or operated by a public water
				system. This section does not apply to the transport of bottled water regulated
				pursuant to 21 CFR Part 165.
B. Any
				person proposing to commence a water hauling operation for human consumption
				under this section shall complete, sign and submit an application to the
				department no later than 30 days prior to entering a service contract for
				delivering water for human consumption. The water hauler shall not produce,
				withdraw, store, transport or deliver water for human consumption until the
				department has approved the application in writing.
C. The application shall be made on form(s)
				furnished by the department and shall include:
(1) evidence that the water tank and other
				delivery components are approved for contact with water for human
				consumption;
(2) a declaration that
				the water tank and other water delivery components have never come into contact
				with a non-potable or non-food grade product, or a declaration listing any such
				products and evidence that the tank has been sufficiently reconditioned to
				enable hauling of potable water;
(3) a contract with a public water system
				authorizing receipt of water or other documentation demonstrating that the
				water to be hauled will come from a drinking water system that is included in
				the safe drinking water information system (SDWIS) inventory;
(4) a description of water hauling operation
				including the procedures for obtaining, storing, treatment of and delivery of
				water; and
(5) a disinfection plan
				for routine and seasonal disinfection of each tank.
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 7 - WASTEWATER AND WATER SUPPLY FACILITIES › Part 10 - DRINKING WATER › Section 20.7.10.300 - COMPLIANCE; EMERGENCY POWERS

Current through Register Vol. 35, No. 13, July 16, 2024
A.
				No public water system shall supply drinking water to the public unless the
				system is operated and maintained in compliance with this part.
B. Powers of the secretary.
(1) The secretary may take any action
				necessary to protect the health of persons who are or may be served by a public
				water system, including but not limited to issuing orders, assessing penalties
				or commencing a civil action for appropriate relief:
(a) if the public water system fails to meet
				any requirement of this part;
(b)
				upon receiving information that a contaminant, whether or not listed in 40 CFR
				Part 141, Subparts B and G, is present in or likely to enter the public water
				system, that the presence of such contaminant may present an imminent and
				substantial endangerment to the health of persons served by the system, and
				that appropriate local authorities have not acted to protect the health of such
				persons; or
(c) in response to a
				civil emergency involving public drinking water; the secretary's response shall
				be coordinated, when appropriate, with other state emergency response and
				relief efforts.
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 7 - WASTEWATER AND WATER SUPPLY FACILITIES › Part 10 - DRINKING WATER › Section 20.7.10.400 - GENERAL OPERATING REQUIREMENTS

Current through Register Vol. 35, No. 13, July 16, 2024
A. Protection of public water systems during
				maintenance or replacement of electrical or mechanical equipment. The owner or
				operator of a public water system shall prevent contamination of the water in
				the system while undergoing maintenance or replacement of electrical or
				mechanical equipment.
B. Security
				and protection of a public water system. Any part or component of a public
				water system including but not limited to spring junction boxes, well houses,
				storage reservoirs, collection devices, pump facilities, and treatment
				facilities shall be constructed, operated and maintained to prevent:
(1) unauthorized entry to the water
				supply;
(2) flooding of the water
				supply; and
(3) contamination of,
				the water supply.
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 7 - WASTEWATER AND WATER SUPPLY FACILITIES › Part 10 - DRINKING WATER › Section 20.7.10.401 - GENERAL OPERATING REQUIREMENTS FOR WATER HAULERS

Current through Register Vol. 35, No. 13, July 16, 2024
A. This section applies to each water
				hauler.
B. A water hauler subject
				to this section shall obtain for delivery disinfected water only from public
				water systems that are part of the department safe drinking water information
				system (SDWIS) inventory and do not pose an acute health threat based on
				violation of a maximum contaminant level or treatment technique.
C. A water hauler subject to this section
				shall:
(1) disinfect each tank, before
				filling the tank for delivery, if it has not been used more than eight
				consecutive days;
(2) disinfect
				each tank after every three months of continuous operation;
(3) measure and record the disinfectant
				residual at the same time and place water is obtained from the public water
				system and immediately prior to when the water is delivered to the
				customer;
(4) maintain a record of
				the date and time that each water hauling truck is disinfected;
(5) for those water haulers that are owned or
				operated by a public water system, comply with the sampling requirements
				applicable to consecutive systems in accordance with Subsection E of Section
				500 of this part; and
(6) make each
				vehicle used for water hauling available for inspection by the department; at
				the time of the inspection the tank shall be empty and have a hatch or other
				opening to facilitate internal inspection.
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 7 - WASTEWATER AND WATER SUPPLY FACILITIES › Part 10 - DRINKING WATER › Section 20.7.10.500 - MONITORING REQUIREMENTS

Current through Register Vol. 35, No. 13, July 16, 2024
A.
				Pursuant to NMSA 1978,
				74-1-13.1,
				the department shall test non-transient non-community water systems for
				arsenic, fluoride and radionuclides. The reporting and public notification
				requirements for non-transient non-community water systems for these
				contaminants shall be identical to those for community water systems as set
				forth in 40 CFR Subpart Q.
B. Each
				supplier of water shall begin routine sampling in accordance with 40 CFR Part
				141 within 90 days after providing water for human consumption.
C. All public water systems shall conduct
				sampling at the rates set forth in 40 CFR Part 141, Subpart C, except that
				non-transient non-community systems shall conduct coliform sampling at the same
				rates as like-sized community water systems in
				40 CFR
				141.21(a)(2) and except that
				consecutive systems shall sample as required in Subsection E of Section 500 of
				this part. The department may order a supplier of water, when necessary, to
				conduct more frequent sampling than is required under 40 CFR Part
				141.
D. The department may order a
				public water system that uses two or more water sources to collect special
				purpose samples directly from the water sources, in addition to routine samples
				from sampling points as required under 40 CFR Part 141.
E. Consecutive systems shall collect samples
				for those contaminants for which monitoring is required in the distribution
				system. This includes measurement of disinfectant residuals and collection of
				samples for total coliform, lead and copper, and disinfection
				byproducts.
F. All public water
				systems must have sample taps to collect water representative of each
				applicable facility at sampling points required under 40 CFR Part
				141.
G. For systems subject to
				triggered monitoring under 40 CFR Part 141 ground water rule: for each total
				coliform positive sample collected from the distribution system, at least one
				ground water source sample must be collected from each ground water source that
				was in use at the time the total coliform-positive sample was
				collected.
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 7 - WASTEWATER AND WATER SUPPLY FACILITIES › Part 10 - DRINKING WATER › Section 20.7.10.502 - VALIDATION OF ANALYTICAL DATA OR CONDITIONS

Current through Register Vol. 35, No. 13, July 16, 2024
The department may take any action it deems necessary to
				  validate the results of a sample taken pursuant to this part. Data that the
				  department determines to be invalid shall not be used to determine compliance
				  with this part.
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 7 - WASTEWATER AND WATER SUPPLY FACILITIES › Part 10 - DRINKING WATER › Section 20.7.10.503 - DEPARTMENT MONITORING AND SAMPLING

Current through Register Vol. 35, No. 13, July 16, 2024
Nothing in this part shall be construed to preclude the
				  department from taking samples or from using the results from such samples to
				  determine compliance with this part or in an enforcement proceeding for
				  violation of this part.
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 7 - WASTEWATER AND WATER SUPPLY FACILITIES › Part 10 - DRINKING WATER › Section 20.7.10.504 - INSPECTIONS, INVESTIGATIONS AND SANITARY SURVEYS

Current through Register Vol. 35, No. 13, July 16, 2024
A. The secretary may, upon the presentation
				of proper credentials and after receiving consent from the supplier of water,
				enter at reasonable times upon or through the premises of any public water
				system to conduct a sanitary survey, inspection or investigation and during
				such survey, inspection or investigation:
(1)
				have access to and copy, at reasonable times, any records required to be kept
				pursuant to this part;
(2) inspect
				or review any monitoring equipment or methods required under this
				part;
(3) sample or otherwise test
				the water supplied by such system; and
(4) have access to a public water system
				facility for visual inspection.
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 7 - WASTEWATER AND WATER SUPPLY FACILITIES › Part 10 - DRINKING WATER › Section 20.7.10.505 - SUBPART H SYSTEM REPORTING

Current through Register Vol. 35, No. 13, July 16, 2024
In addition to complying with any other reporting
				  requirements in 40 CFR Part 141, operators of public water systems shall submit
				  the following reports electronically on forms furnished by the department, if
				  applicable:
A. monthly operating
				reports required of 40 CFR 141 Subpart H systems; and
B. for systems that use membrane filtration,
				a direct integrity test required of 40 CFR Part 141 Subpart W.
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 7 - WASTEWATER AND WATER SUPPLY FACILITIES › Part 10 - DRINKING WATER › Section 20.7.10.600 - PUBLIC NOTIFICATION

Current through Register Vol. 35, No. 13, July 16, 2024
A.
				Non-transient non-community water systems that exceed the MCL for arsenic or
				radionuclides set forth at
				40 CFR sections
				141.11,
				141.62
				and
				141.66
				or exceed one-half the MCL for fluoride set forth at
				40 CFR
				section 141.62 shall comply with the public
				notification requirements set forth at 40 CFR Subpart Q.
B. A supplier of water shall notify persons
				served by the public water system to boil water used for drinking or culinary
				purposes if routine coliform samples indicate the presence of bacterial
				contamination which would not otherwise trigger the public notice requirements
				set forth at 40 CFR Subpart Q but which, in the judgment of the department,
				poses a threat to public health and safety. If the supplier of water fails to
				provide notice on its own, or at the direction of the department, the
				department may directly notify the persons served by the system.
C. If the safety of a water supply is
				endangered for any reason, the supplier of water shall notify persons served by
				the public water system of appropriate action to protect themselves against any
				waterborne hazards. If the supplier of water fails to take such action on its
				own, or at the direction of the department, the department may directly notify
				the persons served by the system.
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 7 - WASTEWATER AND WATER SUPPLY FACILITIES › Part 10 - DRINKING WATER › Section 20.7.10.700 - SEVERABILITY

Current through Register Vol. 35, No. 13, July 16, 2024
The provisions of this part shall be severable, and if any
				  section, subsection, paragraph, subparagraph, sentence, clause, subclause or
				  item of this part, or the applicability thereof to any person or circumstance,
				  shall be adjudged by any court of competent jurisdiction to be invalid, such
				  judgment shall not affect, impair or invalidate the remainder thereof, and the
				  application thereof, but shall be confined in its operation to the section,
				  subsection, paragraph, subparagraph, sentence, clause, subclause or item
				  thereof, or to the person or circumstance directly involved in the controversy
				  in which such judgment shall have been rendered.
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 7 - WASTEWATER AND WATER SUPPLY FACILITIES › Part 10 - DRINKING WATER › Section 20.7.10.701 - SAVING CLAUSE

Current through Register Vol. 35, No. 13, July 16, 2024
Repeal of 20 NMAC 7.10 shall not affect any administrative or
				  judicial enforcement action pending on the effective date of this
				  part.
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 7 - WASTEWATER AND WATER SUPPLY FACILITIES › Part 10 - DRINKING WATER › Section 20.7.10.703 - COMPLIANCE WITH OTHER REGULATIONS

Current through Register Vol. 35, No. 13, July 16, 2024
Compliance with this part does not relieve a person from the
				  obligation to comply with other applicable state and federal
				  regulations.
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 7 - WASTEWATER AND WATER SUPPLY FACILITIES › Part 10 - DRINKING WATER › Section 20.7.10.704 - EFFECT OF STAY OR INVALIDATION OF INCORPORATED FEDERAL STANDARDS

Current through Register Vol. 35, No. 13, July 16, 2024
If any federal standard or regulation incorporated by
				  reference in this part is stayed, invalidated or otherwise rendered
				  unenforceable, in whole or in part, by action of a federal court or USEPA, such
				  incorporated federal standard or regulation shall be enforceable by the
				  department only to the extent it is enforceable by USEPA.
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 7 - WASTEWATER AND WATER SUPPLY FACILITIES › Part 11 - LIQUID WASTE TREATMENT AND DISPOSAL FEES › Section 20.7.11.2 - SCOPE

Current through Register Vol. 35, No. 13, July 16, 2024
All persons required under 20.7.3 NMAC to obtain a:
A. Permit;
B. Modification to a permit;
C. Registration;
D. Septage pump truck registration;
E. Certificate of qualification for:
(1) Homeowner certification,
(2) Third-party evaluator
				certification,
(3) Maintenance
				service provider certification,
(4)
				Septage pumper certification, or
(5) Installer specialist
				certification
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 7 - WASTEWATER AND WATER SUPPLY FACILITIES › Part 11 - LIQUID WASTE TREATMENT AND DISPOSAL FEES › Section 20.7.11.3 - STATUTORY AUTHORITY

Current through Register Vol. 35, No. 13, July 16, 2024
Environmental Improvement Act, Section
				  74-1-1
				  through 74-1-10 NMSA 1978.
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 7 - WASTEWATER AND WATER SUPPLY FACILITIES › Part 11 - LIQUID WASTE TREATMENT AND DISPOSAL FEES › Section 20.7.11.5 - EFFECTIVE DATE

Current through Register Vol. 35, No. 13, July 16, 2024
July 1, 2020, unless a later date is cited at the end of a
				  section.
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 7 - WASTEWATER AND WATER SUPPLY FACILITIES › Part 11 - LIQUID WASTE TREATMENT AND DISPOSAL FEES › Section 20.7.11.6 - OBJECTIVE

Current through Register Vol. 35, No. 13, July 16, 2024
The objective of this rule is to provide for liquid waste
				  treatment and disposal fees for the administration of the state liquid waste
				  regulations. The purpose of the state liquid waste treatment and disposal
				  program is to protect the health and welfare of present and future citizens of
				  New Mexico by providing for the prevention and abatement of public health
				  hazards and surface and ground water contamination from on-site liquid waste
				  disposal practices
.
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 7 - WASTEWATER AND WATER SUPPLY FACILITIES › Part 11 - LIQUID WASTE TREATMENT AND DISPOSAL FEES › Section 20.7.11.8 - PERMIT FEES

Current through Register Vol. 35, No. 13, July 16, 2024
Payment of permit fees are due prior to the issuance of a
				  permit meeting all the requirements of 20.7.3 NMAC.
A.
Fees for permits to register,
				construct, or modify a conventional system of a specified design flow.
The fee for a system designed for:
(1) zero
				gpd up to 1,000 gpd is $225.00;
(2)
				1,001 gpd up to 2,000 gpd is $325.00;
(3) 2,001 gpd up to 5,000 gpd is
				$500.00;
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 7 - WASTEWATER AND WATER SUPPLY FACILITIES › Part 11 - LIQUID WASTE TREATMENT AND DISPOSAL FEES › Section 20.7.11.9 - QUALIFICATION CERTIFICATE FEES

Current through Register Vol. 35, No. 13, July 16, 2024
If a qualification certificate is requested as provided for
				  in
				  20.7.3.904
				  NMAC, a fee as indicated in subsections A through F of this section shall be
				  submitted upon issuance of the qualification certificate in addition to any
				  associated permit fee required in 20.7.11 NMAC. The fee for a qualification
				  certificate for:
A. a qualified
				homeowner is $170.00;
B. a
				third-party evaluator is $50.00;
C.
				a maintenance service provider is $50.00;
D. a septage pumper is $30.00;
E. an installer specialist is
				$150.00;
F. renewal for an
				installer specialist is $75.00
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 7 - WASTEWATER AND WATER SUPPLY FACILITIES › Part 11 - LIQUID WASTE TREATMENT AND DISPOSAL FEES › Section 20.7.11.10 - SEPTAGE PUMPING TRUCK ANNUAL REGISTRATION FEE

Current through Register Vol. 35, No. 13, July 16, 2024
Effective July 1, 2021, the annual fee for registration of a
				  septage pumping truck is $30.00.
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 7 - WASTEWATER AND WATER SUPPLY FACILITIES › Part 11 - LIQUID WASTE TREATMENT AND DISPOSAL FEES › Section 20.7.11.11 - PROPERTY TRANSFER REPORT FILING FEE

Current through Register Vol. 35, No. 13, July 16, 2024
The fee for filing a property transfer report is
				  $50.00.
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 7 - WASTEWATER AND WATER SUPPLY FACILITIES › Part 11 - LIQUID WASTE TREATMENT AND DISPOSAL FEES › Section 20.7.11.12 - SEPTIC TANK MANUFACTURER CERTIFICATION FEE

Current through Register Vol. 35, No. 13, July 16, 2024
The annual fee for the certification/re-certification of
				  septic tank designs as required in 20.7.3 NMAC is $150.00.
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 7 - WASTEWATER AND WATER SUPPLY FACILITIES › Part 11 - LIQUID WASTE TREATMENT AND DISPOSAL FEES › Section 20.7.11.13 - RE-INSPECTION FEE

Current through Register Vol. 35, No. 13, July 16, 2024
If a site inspection results in an issuance of a notice of
				  non-approval, a fee of $125.00 shall be assessed for the re-inspection of the
				  system. The re-inspection fee shall be remitted to the department prior to a
				  subsequent inspection being conducted.
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 7 - WASTEWATER AND WATER SUPPLY FACILITIES › Part 11 - LIQUID WASTE TREATMENT AND DISPOSAL FEES › Section 20.7.11.14 - UNPERMITTED SYSTEM INSPECTION FEE

Current through Register Vol. 35, No. 13, July 16, 2024
If a property owner requests that the department conduct an
				  unpermitted system inspection, the fee is $250.00.
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 7 - WASTEWATER AND WATER SUPPLY FACILITIES › Part 11 - LIQUID WASTE TREATMENT AND DISPOSAL FEES › Section 20.7.11.15 - VARIANCE FEE

Current through Register Vol. 35, No. 13, July 16, 2024
If a variance is requested as provided for in 20.7.3 NMAC, a
				  fee of $100.00 for small systems and $250.00 for large systems shall be
				  submitted upon issuance of the variance in addition to the permit fee required
				  in
				  20.7.11.8
				  NMAC above.
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 7 - WASTEWATER AND WATER SUPPLY FACILITIES › Part 11 - LIQUID WASTE TREATMENT AND DISPOSAL FEES › Section 20.7.11.16 - PAYMENT OF FEES

Current through Register Vol. 35, No. 13, July 16, 2024
A. The
				department shall not issue a permit, variance or tank design certification
				until payment is received by the department. The fees required in this part are
				non-refundable.
B. All fees shall
				be remitted to the department, payable to the environment department liquid
				waste fund. All fees collected pursuant to this part shall be transmitted to
				the state treasurer for deposit in the liquid waste fund.
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 7 - WASTEWATER AND WATER SUPPLY FACILITIES › Part 11 - LIQUID WASTE TREATMENT AND DISPOSAL FEES › Section 20.7.11.17 - LIQUID WASTE DISPOSAL SYSTEM ASSISTANCE FUND

Current through Register Vol. 35, No. 13, July 16, 2024
Pursuant to Section
				  74-1-15.1
				  NMSA 1978, the liquid waste disposal system assistance fund will be funded
				  annually with $40.00 from each permit issued pursuant to subsections A and B of
				  Section 8 of this part, up to a maximum of $200,000.00. Money from the fund
				  will be used for the sole purpose of assisting indigent individuals or
				  households that qualify for funding to accomplish one of the following purposes
				  where there is a real or potential negative impact to public health or water
				  quality from on-site liquid waste disposal system effluent:
A. to pay for a liquid waste disposal system
				to replace a cesspool or other failed or improper on-site liquid waste disposal
				system;
B. to purchase, install, or
				maintain an advanced treatment system as required by the Environmental
				Improvement Act or regulations issued pursuant to that act;
C. to pay for the decommissioning and removal
				of a cesspool or other failed or improper on-site liquid waste disposal system;
				or
D. to pay for all or a portion
				of the connection fees in order to connect an individual or household to a
				centralized wastewater collection and treatment system.
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 7 - WASTEWATER AND WATER SUPPLY FACILITIES › Part 11 - LIQUID WASTE TREATMENT AND DISPOSAL FEES › Section 20.7.11.18 - APPLICABILITY

Current through Register Vol. 35, No. 13, July 16, 2024
A. The requirement
				for payment of the permit application fee shall apply only to those
				applications received on or after the effective date of this part.
B. The annual tank certification fee shall
				apply on or after the effective date of this part. The annual fee shall be
				received by the department no later than January 1 of each year.
C. The requirements concerning payment of a
				re-inspection fee shall apply only to those re-inspections occurring on or
				after the effective date of this part.
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 7 - WASTEWATER AND WATER SUPPLY FACILITIES › Part 11 - LIQUID WASTE TREATMENT AND DISPOSAL FEES › Section 20.7.11.19 - PERIODIC REVIEW

Current through Register Vol. 35, No. 13, July 16, 2024
In order for the environmental improvement board to fulfill
				  its obligation to establish onsite liquid system fees in accordance with
				  Paragraph 3 of Subsection A of Section
				  74-1-8
				  NMSA 1978, the department shall provide information by January 15th of each
				  year to the environmental improvement board as follows:
A. liquid waste fund revenues for the
				previous fiscal year;
B. liquid
				waste fund expenditures for the previous fiscal year:
(1) personal services and benefits;
(2) contracts;
(3) other costs;
(4) indirect;
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 7 - WASTEWATER AND WATER SUPPLY FACILITIES › Part 11 - LIQUID WASTE TREATMENT AND DISPOSAL FEES › Section 20.7.11.20 - COMPLIANCE WITH OTHER REGULATIONS

Current through Register Vol. 35, No. 13, July 16, 2024
Compliance with this part does not relieve a person of the
				  obligation to comply with other applicable state and federal
				  regulations.
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 7 - WASTEWATER AND WATER SUPPLY FACILITIES › Part 11 - LIQUID WASTE TREATMENT AND DISPOSAL FEES › Section 20.7.11.21 - CONSTRUCTION

Current through Register Vol. 35, No. 13, July 16, 2024
This part shall be liberally construed to implement the
				  purpose of the act.
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 7 - WASTEWATER AND WATER SUPPLY FACILITIES › Part 11 - LIQUID WASTE TREATMENT AND DISPOSAL FEES › Section 20.7.11.22 - SEVERABILITY

Current through Register Vol. 35, No. 13, July 16, 2024
If any provision or application of this part is held invalid,
				  the remainder shall not be affected.
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 8 - NUISANCE ABATEMENT › Part 2 - MOSQUITO ABATEMENT AND CONTROL › Section 20.8.2.5 - EFFECTIVE DATE

Current through Register Vol. 35, No. 13, July 16, 2024
November 30, 1995 [unless a later date is cited at the end of
				  a section].
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 8 - NUISANCE ABATEMENT › Part 2 - MOSQUITO ABATEMENT AND CONTROL › Section 20.8.2.6 - OBJECTIVE

Current through Register Vol. 35, No. 13, July 16, 2024
To prevent or control the occurance of mosquitoes that are a
				  nuisance or are capable of transmitting disease to man or domestic
				  animals.
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 8 - NUISANCE ABATEMENT › Part 2 - MOSQUITO ABATEMENT AND CONTROL › Section 20.8.2.7 - DEFINITIONS

Current through Register Vol. 35, No. 13, July 16, 2024
As used in this part [now 20.8.2 NMAC]:
A. "abatement" means the control or
				elimination of mosquitoes by elimination of their breeding sources or by
				poisoning, spraying, or the use of biological and environmental controls, or
				any other method approved by the department;
B. "collection of water" includes any
				collection of water contained in ditches, borrow pits, pools, crop fields,
				ponds, streams, excavations, holes, depressions, open cesspools, privy vaults,
				fountains, cisterns, tanks, shallow wells, troughs, sewage oxidation ponds and
				lagoons, barrels, urns, cans, boxes, bottles, tubes, buckets, roof gutters,
				tanks of flush closets, reservoirs, vessels, receptacles of any kind, or other
				containers or devices which may hold water;
C. "department" means the New Mexico
				environment department;
D.
				"mosquito" means any arthropod belonging to the class insects, order diptera,
				family culicidae, subfamily culicinae;
E. "mosquito larvae" means the immature
				aquatic stages of mosquitoes occurring between the egg and pupal
				stages;
F. "mosquito pupae" means
				the aquatic stages between the larval and adult stages of mosquitoes;
				and
G. "person" means any
				individual, partnership, firm, public or private corporation, trust, estate,
				company, society, political subdivision or agency, or any other legal entity or
				their legal representatives, agents or assigns.
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 8 - NUISANCE ABATEMENT › Part 2 - MOSQUITO ABATEMENT AND CONTROL › Section 20.8.2.107 - PROHIBITED ACTS

Current through Register Vol. 35, No. 13, July 16, 2024
No person shall create or maintain any collection of water in
				  or on which mosquitoes breed or are likely to breed unless approved methods of
				  abatement are employed as specified by the department. The presence of mosquito
				  larvae or mosquito pupae, or both, in collections of water shall constitute
				  conclusive evidence that mosquitoes are breeding there.
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 8 - NUISANCE ABATEMENT › Part 2 - MOSQUITO ABATEMENT AND CONTROL › Section 20.8.2.108 - APPROVED METHODS OF ABATEMENT

Current through Register Vol. 35, No. 13, July 16, 2024
Approved methods of mosquito abatement may consist of one or
				  more of the following procedures:
A.
				eliminate collections of water by filling or draining;
B. free collections of water of all
				vegetative growth, floating debris and other obstruction;
C. clean premises by disposal, removal or
				destruction of the cans, boxes, broken or empty bottles, vehicles, tires and
				similar articles likely to hold water;
D. empty collections of water every four (4)
				days;
E. stock collections of water
				with mosquito-destroying fish;
F.
				screen collections of water with corrosion resistant netting of at least 16
				meshes to the inch each way, or with other material which will effectually
				prevent the ingress and egress of mosquitoes;
G. treat collections of water with chemicals
				approved by the department; or
H.
				any other method approved by the department.
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 8 - NUISANCE ABATEMENT › Part 2 - MOSQUITO ABATEMENT AND CONTROL › Section 20.8.2.109 - SEVERABILITY

Current through Register Vol. 35, No. 13, July 16, 2024
If any provision of application of this part is held invalid,
				  the remainder, or its application to other situations or persons, shall not be
				  affected.
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 8 - NUISANCE ABATEMENT › Part 2 - MOSQUITO ABATEMENT AND CONTROL › Section 20.8.2.110 - AMENDMENT AND SUPERSESSION OF PRIOR REGULATIONS

Current through Register Vol. 35, No. 13, July 16, 2024
This part shall be construed as amending and superseding the
				  Regulations Governing Mosquito Abatement and Control, EIB 72-1, filed August
				  23, 1972. All references to the regulations governing mosquito abatement and
				  control in any other rule shall be construed as a reference to this
				  part.
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 8 - NUISANCE ABATEMENT › Part 2 - MOSQUITO ABATEMENT AND CONTROL › Section 20.8.2.111 - SAVING CLAUSE

Current through Register Vol. 35, No. 13, July 16, 2024
Super-session of the regulations governing mosquito abatement
				  and control shall not affect any administrative or judicial enforcement action
				  pending on the effective date of this part.
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 8 - NUISANCE ABATEMENT › Part 2 - MOSQUITO ABATEMENT AND CONTROL › Section 20.8.2.112 - COMPLIANCE WITH OTHER REGULATIONS

Current through Register Vol. 35, No. 13, July 16, 2024
Compliance with this part does not relieve a person from the
				  obligation to comply with other applicable state and federal
				  regulations.