reglab/statecodes huggingface dataset:
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 7 - WASTEWATER AND WATER SUPPLY FACILITIES › Part 6 - WASTEWATER FACILITY CONSTRUCTION LOAN POLICIES AND GUIDELINES › Section 20.7.6.17 - INTERIM PAYMENTS

Current through Register Vol. 35, No. 13, July 16, 2024
A. For
				satisfactory performance of all work and services required to be performed
				under the terms of the interim loan agreement, NMED shall reimburse the
				borrower its actual costs incurred. The borrower may submit requests for
				reimbursement as often as every month. NMED shall disburse funds to the
				borrower when NMED determines, in its sole discretion, that expenditures have
				been properly documented as provided for in general requirements for allowable
				and unallowable costs, accounting procedures, and record keeping. Copies of all
				pay request vouchers shall be submitted to NMED with request for payment.
				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.
B. NMED and the borrower will comply with the
				Retainage Act (Section
				57-28-2
				et. seq. NMSA 1978) if money is to be withheld during construction. The project
				will not be considered complete until the work as defined in the interim loan
				agreement has been fully performed and finally and unconditionally accepted by
				the borrower and NMED.
C. Interim
				payments will be made as the work progresses. Said payments will be based upon
				requests for payment prepared and certified by the borrower or the borrower'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.
D. Any portion of funds allocated to the
				project which remain unexpended after completion of the project shall revert to
				the wastewater facility construction loan fund.
E. The borrower shall furnish 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 6 - WASTEWATER FACILITY CONSTRUCTION LOAN POLICIES AND GUIDELINES › Section 20.7.6.18 - FINAL PAYMENT

Current through Register Vol. 35, No. 13, July 16, 2024
Upon completion of the project, final payment shall be made
				  after final inspection has been conducted and the following have been provided,
				  reviewed, and approved by NMED:
A. The
				borrower's certified request for payment prepared by the engineer and approved
				by the borrower.
B. A statement by
				the project engineer that work has been satisfactorily completed and the
				contractor has fulfilled all of the obligations required under the contract
				documents with the borrower, or if payment and materials performance bonds are
				"called," an acceptable close-out settlement to the borrower and contractors
				shall be submitted to NMED for review and approval.
C. Final engineering statement and recap of
				all engineering services, legal, administrative, and other eligible and
				ineligible expenses and a final request for disbursement.
D. Certification by the borrower that the
				labor standards contract provisions have been met.
E. Final project inspection report prepared
				by the engineer.
F. Record drawings
				and, if applicable, an operation and maintenance manual.
G. Final budget showing all funding sources
				utilized for costs incurred for the project by designated budget
				categories.
H. Written consent of
				the surety, if any, to final payment is prepared and submitted.
I. For projects which receive planning/design
				loans but do not proceed to the construction phase, completion of the project
				is defined as substantial completion of the project description in the interim
				loan agreement as determined by NMED.
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 7 - WASTEWATER AND WATER SUPPLY FACILITIES › Part 6 - WASTEWATER FACILITY CONSTRUCTION LOAN POLICIES AND GUIDELINES › Section 20.7.6.19 - PROJECT DESIGN REQUIREMENTS

Current through Register Vol. 35, No. 13, July 16, 2024
Before beginning the design of the project, the following
				  requirements must be completed and submitted by the borrower to NMED and
				  approved by NMED:
A. Engineering
				report/facilities plan, which will include:
(1) When real property is to be acquired as
				part of the project and within the project period submit documentation of the
				acquisition, including legal description, the date the property was acquired, a
				certified copy of title to the property, and an appraisal report by a qualified
				appraiser.
(2) Cost effective
				analyses of project alternatives capable of meeting state and federal water
				quality and public health requirements.
(3) Consideration of present worth or
				equivalent annual value of all capital cost, operation, and replacement
				costs.
(4) Environmental
				information document (EID) in detail sufficient to determine categorical
				exclusion, finding of no significant impact (FONSI), or need for an
				environmental impact statement (EIS).
(5) Evidence of public
				participation.
(6) Information to
				demonstrate legal, managerial, and financial capability to properly operate and
				maintain the facility, maintain a repair and replacement reserve, and the
				ability to service this debt.
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 7 - WASTEWATER AND WATER SUPPLY FACILITIES › Part 6 - WASTEWATER FACILITY CONSTRUCTION LOAN POLICIES AND GUIDELINES › Section 20.7.6.20 - PROJECT CONSTRUCTION REQUIREMENTS

Current through Register Vol. 35, No. 13, July 16, 2024
A. All plans and specifications and related
				addenda for the project must be submitted to NMED for review and approval
				before the project is advertised for sealed construction bids.
B. All work relating to easements, rights of
				way, other property rights, and financing provisions shall be completed prior
				to advertising for construction sealed bids.
C. Certified bid tabulation, recommendation
				of award, and evidence of full project financing should be submitted to NMED
				for review and approval prior to construction contract award.
D. Competitive bidding, in accordance with
				applicable state laws (including local wage determinations as provided for in
				Section 13-4-11 NMSA 1978), shall be used
				for awarding of contracts. Contracts shall be awarded to the responsible bidder
				who submits the lowest acceptable bid, or as provided for by state
				law.
E. Following NMED approval of
				the proposed award the borrower shall provide for each contract:
(1) notice of award,
(2) notice of preconstruction
				conference,
(3) executed copies of
				previously approved contract form documents, and
(4) notice to contractor to proceed.
				Performance, and payment bonds in the amount of one hundred percent of the
				project bid will be required of each contractor and copies of said documents
				will be filed with NMED. A copy of bid bond (for five percent of the
				construction cost) for the selected contractor will be filed with
				NMED.
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 7 - WASTEWATER AND WATER SUPPLY FACILITIES › Part 6 - WASTEWATER FACILITY CONSTRUCTION LOAN POLICIES AND GUIDELINES › Section 20.7.6.21 - FINAL LOAN AGREEMENT AND REPAYMENT POLICY

Current through Register Vol. 35, No. 13, July 16, 2024
Upon completion of the planning/design or construction
				  project and after final disbursement of principal to the borrower:
A. NMED and borrower shall execute a final
				loan agreement which details the final loan amount plus accrued interest and
				administrative fees due to the date of the final loan agreement.
B. NMED and borrower shall execute a revision
				to the promissory note and real estate mortgage (if applicable) which were
				recorded at the county seat at the time of the initial loan agreement. The
				revision shall reflect final loan amount, plus accrued interest and
				administrative fees due.
C. NMED
				shall prepare a repayment schedule for the borrower which details principal,
				plus accrued interest and administrative fees due. The schedule shall fully
				amortize the loan within 30 years of project completion. In some cases the
				amortization shall be less than 30 years. NMED shall address each loan on a
				case-by-case basis. The borrower may prepay the loan or any portion thereof at
				any time. The repayment period for a planning/design loan shall not exceed five
				years. The first annual repayment of principal, interest and administrative
				fees shall be due within one year after completion of the project.
D. For borrowers with planning/design loans
				who subsequently receive a construction loan and who choose to reamortize
				(roll-over) the planning/design loan, repayments for the planning/design loan
				may be postponed until construction of the project is completed, at which time
				the principal plus accrued interest and administrative fees for the
				planning/design loan will be rolled into the final loan agreement for the
				construction loan with one subsequent repayment schedule.
E. NMED shall annually prepare and send to
				the borrower a notice of payment due.
F. The borrower shall make a check for the
				full amount of the notice payable to Wastewater Facility Construction Loan
				Fund, Attention:
Chief, Construction Programs Bureau
New Mexico Environment Department
P.O. Box 5469
Santa Fe, New Mexico 87502-6110
and mail in time to insure delivery by due
				  date.
G. In the event of
				late payment or default by the borrower, NMED shall have the option to declare
				the principal, interest accrued and administrative fee on, any outstanding
				indebtedness forthwith due and payable automatically without notice or demand
				of any kind, whereupon the same shall become forthwith due and payable; and
				NMED may take legal recourse to implement collection.
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 7 - WASTEWATER AND WATER SUPPLY FACILITIES › Part 7 - REVIEW PROCEDURES FOR WASTEWATER CONSTRUCTION LOANS › Section 20.7.7.2 - SCOPE

Current through Register Vol. 35, No. 13, July 16, 2024
These procedures apply to all construction or planning/design
				  projects funded in-part from the Wastewater Facilities Construction Loan Fund
				  which is derived from the federal capitalization grant except as provided in
				  Section 11 of 20.7.7 NMAC.
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 7 - WASTEWATER AND WATER SUPPLY FACILITIES › Part 7 - REVIEW PROCEDURES FOR WASTEWATER CONSTRUCTION LOANS › Section 20.7.7.3 - STATUTORY AUTHORITY

Current through Register Vol. 35, No. 13, July 16, 2024
Department of Environment Act, Subsection D of Section
				  9-7A-6 NMSA 1978; Wastewater
				  Facility Construction Loan Act, Sections
				  74-6A-1 to 15 NMSA 1978; and Water
				  Quality Act, NMSA 1978, Sections
				  74-6-1 to 17.
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 7 - WASTEWATER AND WATER SUPPLY FACILITIES › Part 7 - REVIEW PROCEDURES FOR WASTEWATER CONSTRUCTION LOANS › Section 20.7.7.5 - EFFECTIVE DATE

Current through Register Vol. 35, No. 13, July 16, 2024
March 10, 2020. This Part amends and replaces the
				  Environmental Review Procedures for Projects Funded Through the Wastewater
				  Facility Construction Loan Program, HED 88-3 (EID), filed September 22, 1988,
				  as amended.
A. All references to HED
				88-3 (EID) or to the Review Procedures for Projects Funded through the
				Wastewater Facility Construction Loan Program in any other rule shall be
				construed as a reference to this Part.
B. The amendment and replacement of HED 88-3
				(EID) shall not affect any administrative or judicial enforcement action
				pending on the effective date of such amendment nor the validity of any
				financial assistance provided pursuant to HED 88-3 (EID).
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 7 - WASTEWATER AND WATER SUPPLY FACILITIES › Part 7 - REVIEW PROCEDURES FOR WASTEWATER CONSTRUCTION LOANS › Section 20.7.7.6 - OBJECTIVE

Current through Register Vol. 35, No. 13, July 16, 2024
This Part establishes the New Mexico Environment Department's
				  policy and procedures for the identification and analysis of the environmental
				  impacts of construction of wastewater facilities funded in-part through loans
				  from the Wastewater Facility Construction Loan Fund (which is New Mexico's SRF)
				  and the preparation and processing of Environmental Impact Statements (EISs).
				  This procedure shall be coordinated with and shall be consistent with NMED's
				  environmental review responsibilities pursuant to the Governor's Executive
				  Order 83-73, "State Clearinghouse Review Process."
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 7 - WASTEWATER AND WATER SUPPLY FACILITIES › Part 7 - REVIEW PROCEDURES FOR WASTEWATER CONSTRUCTION LOANS › Section 20.7.7.7 - DEFINITIONS

Current through Register Vol. 35, No. 13, July 16, 2024
All terminology used in this Part will be consistent with
				  the terms as defined in 40 CFR Part 1508 (the CEQ Regulations) except as
				  provided in this Part.
A.
"Applicant"
means any state agency or other qualified borrower,
				which has filed an application for loan assistance from the SRF.
B.
"Environmental Information
				Document"
(EID) means any written analysis prepared by an applicant or
				contractor describing the environmental impacts of a proposed project. This
				document will be of sufficient scope to enable the responsible official to
				assess the environmental impacts of the proposed project;
C.
"Department" or "NMED"
means
				the New Mexico environment department.
D. "environmental review" means the process
				whereby an evaluation is undertaken by NMED to determine whether a proposed
				project may have a significant impact on the environment and therefore require
				the preparation of an Environmental Impact Statement (EIS);
E.
"Loan"
means a loan of funds
				by a written loan agreement from the SRF;
F.
"Planning/design loan"
means
				a loan which is issued for the purpose of preparation of a plan (including
				environmental review process) or preparation of design drawings and
				specifications for a potential construction project.
G.
"Project"
means a
				construction project which receives a loan for the purpose of building a
				publicly owned treatment works (POTW) or other eligible works.
H.
"Record of Decision"
(ROD)
				means a document prepared and issued by the NMED responsible official on the
				Environmental Impact Statement (EIS) which includes an identification of
				mitigation measures.
I.
"Responsible Official"
means the Secretary of the department who
				is authorized to fulfill the requirements of these procedures. The Chief of the
				Construction Programs Bureau is delegated the day-to-day responsibilities for
				implementing these procedures.
J.
"SRF"
means the state revolving loan fund as established by the
				Wastewater Facility Construction Loan Act.
K.
"State agency"
means an
				agency or department of the New Mexico executive branch of
				government.
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 7 - WASTEWATER AND WATER SUPPLY FACILITIES › Part 7 - REVIEW PROCEDURES FOR WASTEWATER CONSTRUCTION LOANS › Section 20.7.7.9 - CONSTRUCTION

Current through Register Vol. 35, No. 13, July 16, 2024
This Part shall be liberally construed to carry out the
				  purposes of the Act. If any provision or 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 7 - WASTEWATER AND WATER SUPPLY FACILITIES › Part 7 - REVIEW PROCEDURES FOR WASTEWATER CONSTRUCTION LOANS › Section 20.7.7.10 - 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 7 - REVIEW PROCEDURES FOR WASTEWATER CONSTRUCTION LOANS › Section 20.7.7.11 - OVERVIEW

Current through Register Vol. 35, No. 13, July 16, 2024
The process for conducting an environmental review of
				  wastewater facility construction projects includes the following steps.
A. Consultation. The applicant is encouraged
				to consult with NMED early in project formulation or the facilities planning
				stage to determine whether a project is eligible for a categorical exclusion
				from the remaining substantive environmental review requirements of these
				procedures, to determine alternatives to the proposed project for evaluation,
				to identify potential environmental issues, and to determine the potential need
				for partitioning the environmental review process or the need for an
				Environmental Impact Statement (EIS).
B. Determining categorical exclusion
				eligibility. At the request of an applicant, NMED will determine if a project
				is eligible for a categorical exclusion in accordance with the submission of a
				loan application and other documents submitted to NMED to substantiate the
				request.
C. Documenting
				environmental information. If the project is determined to be ineligible for a
				categorical exclusion, or if no request for a categorical exclusion is made,
				the potential applicant subsequently prepares an Environmental Information
				Document (EID) for the project.
D.
				In the event that the proposed action is of a limited nature, but does not
				qualify for a categorical exclusion, and that an EID had been approved
				previously by the EPA or NMED for wastewater facilities, the responsible
				official may determine to what extent updated information may suffice to
				provide the requisite environmental review of the project.
E. Assessing environmental impacts. NMED
				reviews the EID, prepares an environmental assessment (EA), and based upon an
				assessment of the environmental impacts of the proposed project NMED:
(1) Prepares and issues a Finding of No
				Significant Impact (FONSI); or
(2)
				Prepares or issues a Notice of Intent to prepare an original or supplemental
				EIS and Record of Decision (ROD).
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 7 - WASTEWATER AND WATER SUPPLY FACILITIES › Part 7 - REVIEW PROCEDURES FOR WASTEWATER CONSTRUCTION LOANS › Section 20.7.7.12 - CONSULTING DURING THE PRELIMINARY ENGINEERING PROCESS

Current through Register Vol. 35, No. 13, July 16, 2024
The responsible official shall initiate the environmental
				  review process early to identify environmental effects, avoid delays, and
				  resolve conflicts. The environmental review process should be integrated
				  throughout the preliminary engineering process. Potential applicants should
				  consult with NMED early in the preliminary engineering process. The
				  consultation should be conducted during the evaluation of project alternatives
				  prior to the selection of a preferred alternative, to assist in resolving any
				  identified environmental problems.
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 7 - WASTEWATER AND WATER SUPPLY FACILITIES › Part 7 - REVIEW PROCEDURES FOR WASTEWATER CONSTRUCTION LOANS › Section 20.7.7.13 - COORDINATION WITH OTHER ENVIRONMENTAL REVIEW AND CONSULTATION REQUIREMENTS

Current through Register Vol. 35, No. 13, July 16, 2024
Pertinent laws, regulations, or executive orders should be
				  included in a coordinated environmental review effort as outlined in the NMED
				  Construction Programs Bureau State Environmental Review Process (SERP), EPA'
				  general terms and conditions of the grant, and the EPA CWSRF
				  guidance.
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 7 - WASTEWATER AND WATER SUPPLY FACILITIES › Part 7 - REVIEW PROCEDURES FOR WASTEWATER CONSTRUCTION LOANS › Section 20.7.7.14 - REVIEW OF COMPLETED PRELIMINARY ENGINEERING REPORTS

Current through Register Vol. 35, No. 13, July 16, 2024
NMED shall review the completed preliminary engineering
				  reports (PER) and EID in the development of alternatives and the selection of a
				  preferred alternative. An adequate EID shall be an integral part of planning
				  submitted to NMED. The EID shall be of sufficient scope to enable the
				  responsible official to make determinations on requests for partitioning the
				  environmental review process and for preparing an environmental assessment
				  (EA).
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 7 - WASTEWATER AND WATER SUPPLY FACILITIES › Part 7 - REVIEW PROCEDURES FOR WASTEWATER CONSTRUCTION LOANS › Section 20.7.7.15 - ENVIRONMENTAL ASSESSMENT

Current through Register Vol. 35, No. 13, July 16, 2024
The environmental assessment process shall cover all
				  potentially significant environmental impacts. NMED personnel shall assess
				  environmental impacts before PER approval. The EID shall address all elements
				  in 40 CFR Part 6 and follow the SERP. In minimizing the adverse effects of the
				  proposed action:
A. Structural and
				nonstructural measures, directly or indirectly related to the facilities plan,
				to mitigate or eliminate adverse effects on the human and natural environments
				shall be identified during the environmental review. Among other measures,
				structural provisions include changes in facility design, size, and location;
				nonstructural provisions include staging facilities, monitoring and enforcement
				of environmental regulations, and local commitments to develop and enforce land
				use regulations.
B. NMED shall not
				accept a PER, nor approve loan assistance for its implementation, if the
				applicant has not made, or agreed to make, changes in the project, in
				accordance with determinations made in a FONSI or the ROD for an EIS. NMED
				shall condition a loan or seek other ways to ensure that the applicant will
				comply with such environmental review determinations.
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 7 - WASTEWATER AND WATER SUPPLY FACILITIES › Part 7 - REVIEW PROCEDURES FOR WASTEWATER CONSTRUCTION LOANS › Section 20.7.7.16 - FONSI/EID DETERMINATION

Current through Register Vol. 35, No. 13, July 16, 2024
The responsible official shall apply the criteria under
				  Section 19 of 20.7.7 NMAC to the following:
A. A complete PER;
B. The EID; and
C. Other documentation deemed necessary by
				the responsible official adequate to make an EIS determination by NMED.
				Following an independent environmental review of the projects, the responsible
				official shall document in writing the reasons for his determination to issue a
				FONSI or to prepare an EIS. The responsible official's determination to issue a
				FONSI or to prepare an EIS shall constitute final department action.
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 7 - WASTEWATER AND WATER SUPPLY FACILITIES › Part 7 - REVIEW PROCEDURES FOR WASTEWATER CONSTRUCTION LOANS › Section 20.7.7.17 - PARTITIONING THE ENVIRONMENTAL REVIEW PROCESS

Current through Register Vol. 35, No. 13, July 16, 2024
A. Purpose. Under certain circumstances, the
				building of a component/portion of a wastewater treatment system may be
				justified in advance of completing all environmental review requirements for
				the remainder of the system(s). When there are overriding considerations of
				cost or impaired program effectiveness the responsible official may approve a
				loan for a discrete component of a complete wastewater treatment system(s). The
				process of partitioning the environmental review for the discrete component
				shall comply with the criteria and procedures described in subsection (B) of
				this section. In addition, all reasonable alternatives for the overall
				wastewater treatment works system(s), of which the component is a part, shall
				have been previously identified and each part of the environmental review for
				the remainder of the overall facilities plan shall comply with all requirements
				under Sections 14 and 15 of 20.7.7 NMAC.
B. Criteria for partitioning. The project
				component must:
(1) Immediately remedy a
				severe public health, water quality, or other environmental problem;
(2) Not foreclose any reasonable alternatives
				identified for the overall wastewater treatment works system(s);
(3) Not cause significant adverse direct or
				indirect environmental impacts including those which cannot be acceptably
				mitigated without completing the entire wastewater treatment system of which
				the component is a part; and
(4)
				Not be highly controversial.
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 7 - WASTEWATER AND WATER SUPPLY FACILITIES › Part 7 - REVIEW PROCEDURES FOR WASTEWATER CONSTRUCTION LOANS › Section 20.7.7.18 - FINDING OF NO SIGNIFICANT IMPACT (FONSI) DETERMINATION

Current through Register Vol. 35, No. 13, July 16, 2024
A. Criteria for producing and distributing a
				FONSI. If, after completion of the EA, NMED determines that an EIS will not be
				required, the responsible official shall issue a FONSI. The FONSI will be based
				on NMED independent review of the EID and any other environmental information
				deemed necessary by the responsible official, consistent with the requirements
				of Sections 14 and 15 of 20.7.7 NMAC. The FONSI shall list mitigation measures
				necessary to make the recommended alternative environmentally
				acceptable.
B. Proceeding with loan
				agreement.
(1) Once the issued FONSI becomes
				effective for the project, after a 30 day public comment period construction
				may proceed unless the responsible official determines that the project or
				environmental conditions have changed significantly from that which underwent
				environmental review.
(2) For an
				EID five or more years old, the responsible official shall re-evaluate the
				project, environmental conditions, and public views, and, prior to approval of
				loan agreement, either:
(a) Reaffirm - issue
				a public notice reaffirming the original environmental determination to proceed
				with the project without revising the EID;
(b) Supplement - require an update of the
				EID, issue and distribute a revised FONSI with the necessary public notice
				or
(c) Reassess - withdraw the
				FONSI and publish a notice of intent to produce an EIS, followed by the
				preparation, issuance, and distribution of the EIS and ROD.
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 7 - WASTEWATER AND WATER SUPPLY FACILITIES › Part 7 - REVIEW PROCEDURES FOR WASTEWATER CONSTRUCTION LOANS › Section 20.7.7.19 - CRITERIA FOR INITIATING ENVIRONMENTAL IMPACT STATEMENTS

Current through Register Vol. 35, No. 13, July 16, 2024
Conditions requiring an EIS. The responsible official shall
				  assure that an EIS will be prepared and issued when it is determined that the
				  proposed project will cause any of the following conditions to exist, or
				  when:
A. The proposed action would
				result in a discharge of treated effluent from a new or modified existing
				facility into a body of water and the discharge is likely to have a significant
				effect on the quality of the receiving waters.
B. The proposed action is likely to directly,
				or through induced development, have significant adverse effect upon local
				ambient air quality or local ambient noise levels.
C. The proposed action is likely to have
				significant adverse effects on surface water reservoirs or navigation
				projects.
D. The proposed action
				would be inconsistent with state or local government, or federally-recognized
				Indian tribe approved land use plans or regulations, or federal land management
				plans.
E. The proposed action would
				be inconsistent with state or local government, or federally-recognized Indian
				tribe environmental, resource-protection, or land-use laws and regulations for
				protection of the environment.
F.
				The proposed action is likely to significantly affect the environment through
				the release of radioactive hazardous or toxic substances, or biota.
G. The proposed action involves uncertain
				environmental effects or highly unique environmental risks that are likely to
				be significant.
H. The proposed
				action is likely to significantly affect national natural landmarks or any
				property on or eligible for the National Register of Historic Places.
I. The proposed action is likely to
				significantly affect environmentally important natural resources such as
				wetlands, significant agricultural lands, aquifer recharge zones, coastal
				zones, barrier islands, wild and scenic rivers, and significant fish or
				wildlife habitat.
J. The proposed
				action in conjunction with related federal, state or local government, or
				federally-recognized Indian tribe projects is likely to produce significant
				cumulative impacts.
K. The proposed
				action is likely to significantly affect the pattern and type of land use
				(industrial, commercial, recreational, residential) or growth and distribution
				of population including altering the character of existing residential
				areas.
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 7 - WASTEWATER AND WATER SUPPLY FACILITIES › Part 7 - REVIEW PROCEDURES FOR WASTEWATER CONSTRUCTION LOANS › Section 20.7.7.20 - ENVIRONMENTAL IMPACT STATEMENT (EIS) PREPARATION

Current through Register Vol. 35, No. 13, July 16, 2024
A. Steps in preparing the EIS. In addition to
				the other requirements specified in this procedure, the responsible official
				will conduct the following activities:
(1)
				Notice of intent. If a determination is made that an EIS will be required, the
				responsible official shall prepare and distribute a notice of intent.
(2) Scoping. As soon as possible, after the
				publication of the notice of intent, the responsible official will convene a
				meeting of affected federal, state, and local agencies, or affected Indian
				tribes, the applicant and other interested parties to determine the scope of
				the EIS. As part of the scoping meeting, NMED will, as a minimum:
(a) Determine the significance of issues for
				and the scope of those significant issues to be analyzed in depth in the
				EIS;
(b) Identify the preliminary
				range of alternatives to be considered;
(c) Identify potential cooperating agencies
				and determine the information or analyses that may be needed from cooperating
				agencies or other parties;
(d)
				Discuss the method for EIS preparation and the public participation
				strategy;
(e) Identify consultation
				requirements of other environmental laws; and
(f) Determine the relationship between the
				EIS and the completion of the facilities plan and any necessary coordination
				arrangements between the preparers of both documents.
(3) Identifying and evaluating alternatives.
				Immediately following the scoping process, the responsible official shall
				commence the identification and evaluation of all potentially viable
				alternatives to adequately address the range of issues identified in the
				scoping process. Additional issues may be addressed, or others eliminated,
				during this process and the reasons documented as part of the EIS.
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 7 - WASTEWATER AND WATER SUPPLY FACILITIES › Part 7 - REVIEW PROCEDURES FOR WASTEWATER CONSTRUCTION LOANS › Section 20.7.7.21 - THE ENVIRONMENTAL IMPACT STATEMENT (EIS) FORMAT

Current through Register Vol. 35, No. 13, July 16, 2024
Preparers of EIS must conform with the requirements of 40
				  CFR, Part 1502, in writing the EIS. The format used for the EIS shall encourage
				  good analysis and clear presentation of alternatives, including the proposed
				  action, and their environmental, economic, and social impacts. The following
				  standard format for EISs should be used unless the responsible official
				  determines that there is a compelling reason to do otherwise:
A. Cover Sheet;
B. Executive Summary;
C. Table of Contents;
D. Purpose of and need for action;
E. Alternatives including proposed
				action;
F. Affected
				environment;
G. Environmental
				consequences of the alternative;
H.
				Coordination (includes list of agencies, organizations, and persons to whom
				copies of the EIS are sent);
I.
				List of preparers;
J. Index
				(commensurate with complexity of EIS);
K. Appendices.
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 7 - WASTEWATER AND WATER SUPPLY FACILITIES › Part 7 - REVIEW PROCEDURES FOR WASTEWATER CONSTRUCTION LOANS › Section 20.7.7.22 - MONITORING FOR COMPLIANCE

Current through Register Vol. 35, No. 13, July 16, 2024
A.
				General. The responsible official shall ensure adequate monitoring of
				mitigation measures and other loan conditions identified in the FONSI or
				ROD.
B. Enforcement. If the
				applicant fails to comply with loan conditions, the responsible official may
				consider applying the sanctions.
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 7 - WASTEWATER AND WATER SUPPLY FACILITIES › Part 7 - REVIEW PROCEDURES FOR WASTEWATER CONSTRUCTION LOANS › Section 20.7.7.23 - PUBLIC, FEDERAL AGENCY, AND OTHER STATE AGENCY INVOLVEMENT

Current through Register Vol. 35, No. 13, July 16, 2024
A. NMED shall make
				diligent efforts to involve the public in the environmental review process
				consistent with program regulations and State Clearinghouse for
				Intergovernmental Review policies on public participation. The responsible
				official shall ensure that public notice is provided and shall ensure that
				public involvement is carried out following state policies and guidelines on
				public participation.
B. General.
				It is NMED's policy that certain public participation steps be achieved before
				NMED completes the environmental review process. At a minimum, potential
				applicants shall conduct one public hearing prior to formal adoption of a
				facilities plan to discuss the proposed facilities plan and any needed
				mitigation measures.
C. Publication
				of notices of intent. As soon as practicable after a decision is rendered to
				issue a categorical exclusion or FONSI, or to prepare an EIS (but before the
				signing process), the responsible official shall send the notice of intent to
				interested and affected members of the public, and shall publish the notice of
				intent in a newspaper of general circulation in the community of the
				project.
D. The responsible
				official shall not take administrative action on the project for at least 30
				calendar days after release of the notice of determination on the categorical
				exclusion or release of the FONSI to allow time for public response.
E. EIS. The responsible official shall
				follow, as applicable, procedures identified at 40 CFR, Part 6, Subpart B, for
				official filing requirements, availability of documents, commenting process,
				and supplements to the EIS.
F.
				Record of Decision. The responsible official shall disseminate the record of
				decision to those parties which commented on the draft or final EIS. One copy
				shall be submitted to EPA.
G.
				Scope. The responsible official may institute additional NEPA-related public
				participation procedures as are deemed necessary during the environmental
				review process.
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 7 - WASTEWATER AND WATER SUPPLY FACILITIES › Part 8 - COLONIAS PRIORITY RATING SYSTEM › Section 20.7.8.2 - SCOPE

Current through Register Vol. 35, No. 13, July 16, 2024
This Part applies to local authorities seeking financial
				  assistance to alleviate unsanitary wastewater conditions in the border area
				  colonias in New Mexico.
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 7 - WASTEWATER AND WATER SUPPLY FACILITIES › Part 8 - COLONIAS PRIORITY RATING SYSTEM › Section 20.7.8.3 - STATUTORY AUTHORITY

Current through Register Vol. 35, No. 13, July 16, 2024
Water Quality Act, NMSA 1978,
				  74-6-4.A.
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 7 - WASTEWATER AND WATER SUPPLY FACILITIES › Part 8 - COLONIAS PRIORITY RATING SYSTEM › Section 20.7.8.5 - EFFECTIVE DATE

Current through Register Vol. 35, No. 13, July 16, 2024
November 30, 1995. This Part amends and replaces the Priority
				  Rating System for Colonias Wastewater Construction Projects, WQCC 93-1, filed
				  January 29, 1993, as amended.
A. All
				references to WQCC 93-1, or to the Priority Rating System for Colonias
				Wastewater Construction Projects in any other rule shall be construed as a
				reference to this Part.
B. The
				amendment and replacement of WQCC 93-1 shall not affect any administrative or
				judicial enforcement action pending on the effective date of such amendment nor
				the validity of any financial assistance provided pursuant to WQCC
				93-1.
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 7 - WASTEWATER AND WATER SUPPLY FACILITIES › Part 8 - COLONIAS PRIORITY RATING SYSTEM › Section 20.7.8.6 - OBJECTIVE

Current through Register Vol. 35, No. 13, July 16, 2024
The objective of this Part is to establish a rating system to
				  provide financial assistance to local authorities for wastewater projects in
				  colonias.
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 7 - WASTEWATER AND WATER SUPPLY FACILITIES › Part 8 - COLONIAS PRIORITY RATING SYSTEM › Section 20.7.8.7 - DEFINITION

Current through Register Vol. 35, No. 13, July 16, 2024
"Total nitrogen" means the sum of nitrate nitrogen, nitrite
				  nitrogen, organic nitrogen, and total ammonia nitrogen.
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 7 - WASTEWATER AND WATER SUPPLY FACILITIES › Part 8 - COLONIAS PRIORITY RATING SYSTEM › Section 20.7.8.106 - CONSTRUCTION

Current through Register Vol. 35, No. 13, July 16, 2024
This Part shall be liberally construed to effectuate the
				  purposes of the Act. If any provision or 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 7 - WASTEWATER AND WATER SUPPLY FACILITIES › Part 8 - COLONIAS PRIORITY RATING SYSTEM › Section 20.7.8.107 - 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 8 - COLONIAS PRIORITY RATING SYSTEM › Section 20.7.8.200 - SUBPART II FORMULA AND FACTORS

Current through Register Vol. 35, No. 13, July 16, 2024
A.
				Formula: The basic formula is: priority rating number = S (P) + Q + W
B. Factors: The formula factors S, P, Q and W
				are:
(1) S = severity of pollution or public
				health factor;
(2) P= population
				factor;
(3) Q = water quality
				preservation factor;
(4) W =
				absence or presence of community water system factor.
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 7 - WASTEWATER AND WATER SUPPLY FACILITIES › Part 9 - COLONIAS WASTE WATER GRANT POLICIES › Section 20.7.9.2 - SCOPE

Current through Register Vol. 35, No. 13, July 16, 2024
This Part applies to local authorities seeking financial
				  assistance to alleviate unsanitary wastewater conditions in the border area
				  colonias in New Mexico.
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 7 - WASTEWATER AND WATER SUPPLY FACILITIES › Part 9 - COLONIAS WASTE WATER GRANT POLICIES › Section 20.7.9.3 - STATUTORY AUTHORITY

Current through Register Vol. 35, No. 13, July 16, 2024
Water Quality Act, NMSA 1978,
				  74-6-4.
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 7 - WASTEWATER AND WATER SUPPLY FACILITIES › Part 9 - COLONIAS WASTE WATER GRANT POLICIES › Section 20.7.9.5 - EFFECTIVE DATE

Current through Register Vol. 35, No. 13, July 16, 2024
November 30, 1995. This Part amends and replaces the Colonias
				  Wastewater Construction Grant Program Policies and Procedures, NMED 93-1, filed
				  January 29, 1993, as amended.
A. All
				references to NMED 93-1, or to the Colonias Wastewater Construction Grant
				Program Policies and Procedures in any other rule shall be construed as a
				reference to this Part.
B. The
				amendment and replacement of NMED 93-1 shall not affect any administrative or
				judicial enforcement action pending on the effective date of such amendment nor
				the validity of any financial assistance provided pursuant to NMED
				93-1.
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 7 - WASTEWATER AND WATER SUPPLY FACILITIES › Part 9 - COLONIAS WASTE WATER GRANT POLICIES › Section 20.7.9.6 - OBJECTIVE

Current through Register Vol. 35, No. 13, July 16, 2024
The objective of this Part is to establish policies to
				  administer the Colonias Wastewater Construction Grant Program including
				  compliance with Federal "cross-cutting authorities such as the National
				  Environmental Policy Act, Davis-Bacon Act, etc. The New Mexico legislature
				  created the Water Quality Control Commission ("Commission") to take all action
				  necessary and appropriate to secure to the state the benefit of the Clean Water
				  Act. NMSA 1978,
				  74-6-3.E.
				  NMSA 1978,
				  74-6-4
				  states that the Water Quality Control Commission "may accept and supervise the
				  administration of loans and grants from the federal government and from other
				  sources, public or private, which loans and grants shall not be expended for
				  other than the purpose for which provided." The Commission is an unfunded
				  agency of the state. The Commission has no budget or funds allocated to it,
				  rather, it is administratively attached to, and receives staff support from,
				  the Environment Department. NMSA 1978,
				  74-6-3.F
				  and
				  9-7A-6.B.
				  The Commission, therefore, exercises its independent functions while the
				  Department provides budgeting, record-keeping, and related administrative
				  functions for the commission. NMED is one of the Commission's constituent
				  agencies. In 1983 and again in 1986, the Commission delegated to the NMED
				  authority to administer the Wastewater Construction Grants
				  Program.
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 7 - WASTEWATER AND WATER SUPPLY FACILITIES › Part 9 - COLONIAS WASTE WATER GRANT POLICIES › Section 20.7.9.7 - DEFINITIONS

Current through Register Vol. 35, No. 13, July 16, 2024
A. "Applicant"
				means a local authority designated as a colonias or acting on behalf of one or
				more colonias that meets the following criteria:
(1) placement on the current fiscal year
				priority list;
(2) financial
				capability to perform operation and maintenance and to maintain a replacement
				fund; and
(3) readiness to
				proceed.
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 7 - WASTEWATER AND WATER SUPPLY FACILITIES › Part 9 - COLONIAS WASTE WATER GRANT POLICIES › Section 20.7.9.106 - CONSTRUCTION

Current through Register Vol. 35, No. 13, July 16, 2024
This Part shall be liberally construed to effectuate the
				  purposes of the Act. If any provision or application of this Part [20.7.9 NMAC]
				  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 7 - WASTEWATER AND WATER SUPPLY FACILITIES › Part 9 - COLONIAS WASTE WATER GRANT POLICIES › Section 20.7.9.107 - COMPLIANCE WITH OTHER REGULATIONS

Current through Register Vol. 35, No. 13, July 16, 2024
Compliance with this Part [20.7.9 NMAC] 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 9 - COLONIAS WASTE WATER GRANT POLICIES › Section 20.7.9.108 - GENERAL POLICY DECLARATION

Current through Register Vol. 35, No. 13, July 16, 2024
A.
				Grants from the program may be offered for up to 100% of the total eligible
				project costs under state and federal statutes and regulations, subject to
				availability of grant monies. Two types of grants are available: planning
				grants and design/construction grants.
(1)
				Planning grants are intended to enable the applicant to identify: if the
				project is feasible, the most cost effective collection and treatment process,
				and reasonable design and construction costs. Generally, a grant increase would
				be provided for the design and construction phase if funds are
				available.
(2) The
				design/construction grant may include the cost of planning and design and may
				precede the design phase of the project if the planning and design periods are
				relatively short and if a reasonable estimate of construction costs is
				available.
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 7 - WASTEWATER AND WATER SUPPLY FACILITIES › Part 9 - COLONIAS WASTE WATER GRANT POLICIES › Section 20.7.9.200 - PROCEDURES FOR PRIORITY LIST PLACEMENT

Current through Register Vol. 35, No. 13, July 16, 2024
A. Application:
(1) Applicants for a grant shall submit a
				complete application to the NMED on a form specified by the NMED. Applications
				may be submitted at any time; although, generally an annual funding cycle is
				followed.
(2) The NMED shall review
				the applications for eligibility, technical merit and financial capability, and
				rank the applications based on the project priority system approved by the
				Commission WQCC and following NMED procedures for priority system and priority
				list.
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 7 - WASTEWATER AND WATER SUPPLY FACILITIES › Part 9 - COLONIAS WASTE WATER GRANT POLICIES › Section 20.7.9.300 - PROJECT AND ADMINISTRATIVE REQUIREMENTS

Current through Register Vol. 35, No. 13, July 16, 2024
A. Preplanning Conference: At NMED or the
				applicant's request, a preplanning conference will be scheduled. The
				applicant's representatives and possibly the applicant's consulting engineer
				will meet with the NMED project engineers to discuss the project. Items that
				may be discussed are:
(1) Review of Colonias
				Grant Program procedures;
(2)
				Enforceable requirements, water quality and public health concerns;
(3) Eligibility of project
				components;
(4) Procurement of A/E
				services;
(5) Appropriate
				technology;
(6) User charges in
				relation to financial capability of applicant being able to operate and
				maintain the facility;
(7)
				Environmental impacts;
(8) The
				importance of public participation; (Citizen involvement will be an asset in
				the development of plans that reflect the needs and value of your community.
				Informing the public early on can result in issues being resolved before delay
				and additional costs occur. Citizen support is necessary for capital and user
				charge systems to fund a project.) and
(9) Project schedule.