reglab/statecodes huggingface dataset:
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 7 - WASTEWATER AND WATER SUPPLY FACILITIES › Part 4 - UTILITY OPERATOR CERTIFICATION › Section 20.7.4.13 - PUBLIC WASTEWATER FACILITIES

Current through Register Vol. 35, No. 13, July 16, 2024
A. In order to operate the various types of
				treatment processes at public wastewater facilities, the indicated level of
				certification shall be required:
Type of Treatment Process
Population Served
25 to
500
501 to 5,000
5,001 to 10,000
10,001 to 20,000
20,000+
Raw wastewater lagoons
SWW
WW1
WW1
WW1
WW1
Aerated lagoons
SWW
WW2
WW2
WW2
WW2
Primary treatment
SWW
WW2
WW2
WW2
WW2
Primary treatment and oxidation ponds
SWW
WW2
WW2
WW2
WW2
Secondary treatment, trickling filter
SWW
WW2
WW3
WW3
WW4
Secondary treatment, aeration
SWWA
WW3
WW3
WW4
WW4
Physical-chemical treatment processes
SWWA
WW3
WW3
WW3
WW4
Advanced waste treatment process
SWWA
WW3
WW4
WW4
WW4
Phosphorous and nitrogen removal
SWWA
WW3
WW3
WW4
WW4
B.
				In order to operate collection systems at the various sizes of public
				wastewater facilities, the indicated level of certification shall be required:
Population Served
25 to
500
501 to 5,000
5,001 to 10,000
10,001 to 20,000
20,000+
Level of Certification
SWW
CS1
CS1
CS2
CS2
C.
				In order to perform wastewater analysis for regulatory compliance at public
				wastewater facilities after January 1, 2011, the indicated level of
				certification shall be required:
Level of Certification Needed
Type of Methodology Performed
WWLT1
Analyses involving colorimetry and commercially
							 prepared reagents, including but not limited to Dissolved Oxygen (DO) and pH by
							 probe, and commercially available test kits.
WWLT2
WWLT1 plus analyses involving other specific ion
							 electrodes, titration, gravimetry, microbiology, media and standards
							 preparation, including but not limited to Biochemical Oxygen Demand (BOD),
							 fecal coliform, E.coli, residuals (Total Suspended Solids (TSS), Total Volatile
							 Solids (TVS), Volatile Suspended Solids (VSS), etc.), Total Residual Chlorine
							 (TRC) by titration, and Dissolved Oxygen by the Winkler method.
WWLT3
WWLT1 and WWLT2 plus analyses involving digestion,
							 distillation, spectrophotometry, chromatography, reagents and standards
							 preparation, live organisms, including but not limited to nitrogen (Nitrate
							 (NO3), Ammonium (NH4), Total
							 Kjeldahl Nitrogen (TKN)), trace metals, anions, and whole effluent toxicity.
SWW, SWWA, WW1, WW2, WW3, WW4, WWLT1, WWLT2 or
							 WWLT3
TRC by the N-diethyl-p-phenylene-diamine (DPD)
							 method, pH, Temperature and DO by probe.
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 7 - WASTEWATER AND WATER SUPPLY FACILITIES › Part 4 - UTILITY OPERATOR CERTIFICATION › Section 20.7.4.14 - LESSER INCLUDED CERTIFICATIONS

Current through Register Vol. 35, No. 13, July 16, 2024
A. An operator holding a SWA certification is
				certified to perform any activity or function or make any process control or
				system integrity decision which requires a SW certification.
B. An operator holding a SWWA certification
				is certified to perform any activity or function or make any process control or
				system integrity decision which requires a SWW certification.
C. An operator holding a WS1 certification is
				certified to perform any activity or function or make any process control or
				system integrity decision which requires a SW, WST1 and DS1
				certification.
D. An operator
				holding a WS2 certification is certified to perform any activity or function or
				make any process control or system integrity decision which requires a SW, WS1,
				WST1, WST2, DS1 and DS2 certification.
E. An operator holding a WS3 certification is
				certified to perform any activity or function or make any process control or
				system integrity decision which requires a SW, SWA, WS1, WS2, WST1, WST2, DS1,
				DS2 and DS3 certification.
F. An
				operator holding a WS4 certification is certified to perform any activity or
				function or make any process control or system integrity decision which
				requires a SW, SWA, WS1, WS2, WS3, WST1, WST2, DS1, DS2 and DS3
				certification.
G. An operator
				holding a WW1 certification is certified to perform any activity or function or
				make any process control or system integrity decision which requires a SWW and
				CS1 certification.
H. An operator
				holding a WW2 certification is certified to perform any activity or function or
				make any process control or system integrity decision which requires a SWW,
				WW1, WWLT1, CS1 and CS2 certification.
I. An operator holding a WW3 certification is
				certified to perform any activity or function or make any process control or
				system integrity decision which requires a SWW, SWWA, WW1, WW2, WWLT2, CS1 and
				CS2 certification.
J. An operator
				holding a WW4 certification is certified to perform any activity or function or
				make any process control or system integrity decision which requires a SWW,
				SWWA, WW1, WW2, WW3, WWLT2, CS1 and CS2 certification.
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 7 - WASTEWATER AND WATER SUPPLY FACILITIES › Part 4 - UTILITY OPERATOR CERTIFICATION › Section 20.7.4.15 - MINIMUM NUMBER OF CERTIFIED OPERATORS

Current through Register Vol. 35, No. 13, July 16, 2024
A. A public wastewater facility or public
				water supply system shall provide the minimum number of certified operators
				needed to operate the system or facility to protect human health, public
				welfare or the environment.
B. If
				the department determines a public wastewater facility or public water supply
				system is in violation of Subsection A of this section, the department may
				determine the minimum number of certified operators needed for the public
				wastewater facility or public water supply system. The determination shall be
				made in writing and delivered by certified mail. Violation of the department
				determination shall be considered a violation of the rule.
C. In determining the minimum number of
				certified operators needed to operate a public wastewater facility or public
				water supply system in compliance with Subsection A of this section, the
				department shall consider the following criteria:
(1) current compliance with applicable state
				and federal regulations;
(2)
				historical compliance with applicable state and federal regulations;
(3) actual discharge/production compared to
				design capacity;
(4) availability
				of redundant facilities;
(5)
				geographic area served by the public wastewater facility or public water supply
				system;
(6) level of
				automation;
(7) staffing
				plan;
(8) capacity assessment
				findings;
(9) sanitary survey
				deficiencies;
(10) mechanical
				reliability; and
(11) currency of
				federally required vulnerability assessments and risk management
				plans.
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 7 - WASTEWATER AND WATER SUPPLY FACILITIES › Part 4 - UTILITY OPERATOR CERTIFICATION › Section 20.7.4.16 - CODE OF PROFESSIONAL CONDUCT

Current through Register Vol. 35, No. 13, July 16, 2024
A.
				This code expresses in general terms the level of professional conduct expected
				of certified operators in the state of New Mexico. This code of professional
				conduct is intended to guide the actions of certified operators and depends
				upon the integrity of each certified operator to conduct themselves in a
				responsible and straightforward manner in operating public water supply systems
				and public wastewater facilities.
B. All certified operators are charged with
				understanding this code of professional conduct and are expected to be familiar
				with the provisions of these rules and the utility operator certification
				regulations. Failure to follow the code of professional conduct shall be
				considered gross incompetence by the department. The department shall,
				following notification of the certified operator, first seek the advisement of
				the utility operators certification advisory board prior to any application of
				enforcement made pursuant to this code of professional conduct.
C. The certified operator shall:
(1) protect the safety, health, and welfare
				of the public in the performance of the operator's duties;
(2) report to the proper authority or the
				department as necessary any conduct that would endanger the safety, health, and
				welfare of the public in regards to the operation of a public water supply
				system or public wastewater facility;
(3) submit objective and truthful information
				in all reports, statements, and testimony as required by state and federal
				law;
(4) conscientiously and
				proficiently operate and maintain public water supply systems and public
				wastewater facilities;
(5) act
				honestly, responsibly, ethically, and lawfully in a manner that enhances the
				reputation of the profession;
(6)
				avoid any conflict of interest that could influence the operator's professional
				judgment and promptly report any such conflict of interest to the operator's
				employer as necessary; and
(7) not
				falsify any academic or professional qualifications and not misrepresent such
				qualifications to the operator's employer, the department, or any member of the
				public.
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 7 - WASTEWATER AND WATER SUPPLY FACILITIES › Part 4 - UTILITY OPERATOR CERTIFICATION › Section 20.7.4.20 - CERTIFICATION GENERAL PROVISIONS

Current through Register Vol. 35, No. 13, July 16, 2024
A.
				It is unlawful to operate or allow the operation of a public water supply
				system or public wastewater facility unless the system or facility is operated
				by or under the supervision of a certified operator who meets or exceeds the
				appropriate level of certification required to operate the system or
				facility.
B. Separate certification
				is required for the operation of public water supply systems and public
				wastewater facilities.
C. The
				name(s) of the certified operator(s) employed by a public water supply system
				or public wastewater facility must be on file at all times with the department.
				A certified operator may be replaced with another certified operator of the
				required level at any time. The owner shall notify the department in writing of
				the name of the new certified operator within thirty days after the replacement
				of the certified operator.
D. The
				department may issue certifications restricted to distribution systems or
				collection systems.
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 7 - WASTEWATER AND WATER SUPPLY FACILITIES › Part 4 - UTILITY OPERATOR CERTIFICATION › Section 20.7.4.21 - REQUIREMENTS FOR APPLICATION FOR CERTIFICATION

Current through Register Vol. 35, No. 13, July 16, 2024
A. Each applicant for certification as a
				certified operator shall:
(1) complete an
				application on forms furnished by the department; applications shall be
				submitted to the department not later than thirty days prior to the date of the
				examination;
(2) submit evidence
				that the applicant has reached the age of majority;
(3) pay a nonrefundable examination
				application fee, in advance, to the department; the examination application fee
				for certification as a SW, SWA, SWW, SWWA, WST1, WST2 and WWLT1 shall be
				$25.00; the examination application fee for certification as a WS1, WS2, WS3,
				WS4, WW1, WW2, WW3, WW4, WWLT2, WWLT3, CS1, CS2, DS1, DS2 and DS3 shall be
				$30.00;
(4) successfully meet the
				educational, experience and training requirements stipulated in 20.7.4.22 NMAC;
				all training programs must be approved by the department, and the department
				shall assign the number of training credits for each approved training program;
				and
(5) successfully pass the
				written examination for the level of certification being applied for.
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 7 - WASTEWATER AND WATER SUPPLY FACILITIES › Part 4 - UTILITY OPERATOR CERTIFICATION › Section 20.7.4.22 - MINIMUM REQUIREMENTS FOR CERTIFICATION

Current through Register Vol. 35, No. 13, July 16, 2024
A. The minimum requirements for each level of
				certification are:
(1) SW, SWA, SWW, SWWA,
				WS1, WW1, WWLT1, DS1 and CS1 certification require high school graduation, or
				general equivalency diploma, one year of experience and successful completion
				of ten training credits;
(2) WS2,
				WW2, WWLT2, DS2 and CS2 certification require high school graduation, or
				general equivalency diploma, two years of experience and successful completion
				of thirty training credits;
(3)
				WS3, WW3, WWLT3 and DS3 certification require high school graduation, or
				general equivalency diploma, four years of experience and successful completion
				of fifty training credits;
(4) WS4
				and WW4 certification require high school graduation, or general equivalency
				diploma, one year's experience, as appropriate, as a WS3 and WW3 certificate
				holder and successful completion of eighty training credits;
(5) WST1 certification requires high school
				graduation, or general equivalency diploma, and successful completion of five
				training credits;
(6) WST2
				certification requires high school graduation, or general equivalency diploma,
				and successful completion of ten training credits.
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 7 - WASTEWATER AND WATER SUPPLY FACILITIES › Part 4 - UTILITY OPERATOR CERTIFICATION › Section 20.7.4.23 - TEMPORARY CERTIFICATION

Current through Register Vol. 35, No. 13, July 16, 2024
A. If,
				after reasonable time and effort by an owner, a qualified operator cannot be
				employed, the system or facility may apply for temporary certification for the
				operator of a system or facility. In support of the application, the system or
				facility shall submit documentation demonstrating that it cannot employ a
				qualified operator and a schedule of compliance that includes the actions the
				system or facility will take to employ a certified operator, the date by which
				the system or facility will employ a certified operator, and a contingency plan
				that outlines the actions to be taken if the system's or facility's schedule
				fails to result in the employment of a certified operator.
B. A temporary certificate may be issued to
				an individual for a period not to exceed six months.
C. A temporary certificate may be extended to
				a maximum of 18 months if the operator is involved in a training program that
				will qualify the operator for the required level in that period.
D. An extension to the six-month temporary
				certification will require prior approval of a training program to ensure
				coverage of areas that are specific to the system, facility or individual's
				knowledge and skills.
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 7 - WASTEWATER AND WATER SUPPLY FACILITIES › Part 4 - UTILITY OPERATOR CERTIFICATION › Section 20.7.4.24 - CERTIFICATION WITHOUT EXAMINATION

Current through Register Vol. 35, No. 13, July 16, 2024
A.
				Certificates shall be issued without an examination to persons who, on July 1,
				1993, were operators of a system or facility serving under 2,500 persons.
				Applications for certification under this subsection must have been made on or
				before December 1, 1993.
(1) Persons making
				application under this subsection must meet the basic requirements for
				certification outlined in 20.7.4.22 NMAC.
(2) Certificates issued under this subsection
				will be restricted to the particular system or facility for which the applicant
				is employed as it existed on July 1, 1993. Major changes in the type of
				treatment employed, or the size of the population served, that would
				significantly affect the operation of the system or facility shall cause any
				certificate issued under this subsection to become invalid. The limitations of
				any certificate issued under this subsection will be printed thereon.
(3) The department may deny any application
				for certification under this subsection if, in the opinion of the department,
				approval of the application could adversely affect the health and safety of the
				public or the environment.
(4)
				Application for certification under this subsection must be accompanied by a
				$30.00 fee per certificate requested, payable to the department.
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 7 - WASTEWATER AND WATER SUPPLY FACILITIES › Part 4 - UTILITY OPERATOR CERTIFICATION › Section 20.7.4.25 - RENEWAL OF CERTIFICATES

Current through Register Vol. 35, No. 13, July 16, 2024
A. All
				initial certifications shall expire on the last day of the certificate holder's
				birth month following the third anniversary of certification. All renewals
				shall be for three years. A renewal fee will be payable to the department for
				each renewal. Renewal fees shall be paid for each individual certification and
				shall be in accordance with the following fee schedule.
(1) The renewal fee for SW, SWA, SWW and SWWA
				certifications shall be $20.00.
(2)
				The renewal fee for WS1, WS2, WW1, WW2, WST1, WST2, WWLT1, WWLT2, WWLT3, CS1,
				CS2, DS1 and DS2 certifications shall be $25.00.
(3) The renewal fee for WS3, WW3, WS4, WW4
				and DS3 certifications shall be $30.00.
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 7 - WASTEWATER AND WATER SUPPLY FACILITIES › Part 4 - UTILITY OPERATOR CERTIFICATION › Section 20.7.4.26 - LAPSED CERTIFICATES

Current through Register Vol. 35, No. 13, July 16, 2024
A.
				Certificates, which have not been renewed in accordance with 20.7.4.25 NMAC,
				will be considered lapsed and invalid.
B. Lapsed certificates may be reinstated
				without penalty upon application within thirty days of the date of expiration.
				A lapsed certificate which has not been reinstated within the thirty-day period
				may be reinstated within one year of expiration date upon reapplication and
				payment of a $10.00 per month penalty fee for each month or portion thereof
				beyond the expiration date. Reinstatement of lapsed certificate will also
				require satisfaction of all the renewal requirements of 20.7.4.25
				NMAC.
C. If a lapsed certificate
				has not been reinstated within one year of its expiration date, re-examination
				will be required for reinstatement. All applicants for re-examination must meet
				the requirements of 20.7.4.21 and 20.7.4.22 NMAC of this part.
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 7 - WASTEWATER AND WATER SUPPLY FACILITIES › Part 4 - UTILITY OPERATOR CERTIFICATION › Section 20.7.4.27 - SUSPENSION AND REVOCATION

Current through Register Vol. 35, No. 13, July 16, 2024
A. The
				department may suspend or revoke any or all certificate(s) held by a certified
				operator as provided for in Section
				61-33-7
				of the act.
B. In the event of a
				contemplated suspension or revocation of a certificate, the department shall
				notify the certificate holder by registered mail of the reason for such action.
				Within 20 days after receipt of the notice, the certificate holder may request
				in writing that a hearing be held by the department.
C. When the department contemplates the
				suspension or revocation of a certificate, the department shall serve upon the
				certificate holder a written notice containing a statement:
(1) that the department has sufficient
				evidence which, if not rebutted or explained, will justify the department in
				suspending or revoking the certificate;
(2) indicating the general nature of the
				evidence;
(3) that unless the
				certificate holder within twenty days after service of the notice deposits in
				the mail a certified return receipt requested letter addressed to the
				department and containing a request for a hearing, the department will take the
				contemplated action; and
(4)
				calling the certificate holder's attention to their rights under the Uniform
				Licensing Act, NMSA 1978, Section
				61-1-8.
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 7 - WASTEWATER AND WATER SUPPLY FACILITIES › Part 4 - UTILITY OPERATOR CERTIFICATION › Section 20.7.4.28 - ELIGIBILITY FOR OPERATOR TRAINING GRANT FUNDS

Current through Register Vol. 35, No. 13, July 16, 2024
Each applicant for operator training grant funds administered
				  by the department shall.
A. Submit
				evidence satisfactory to the department that the recipient of the training:
(1) is a person who is a candidate for
				employment as a "certified operator" as defined under 20.7.4.7 NMAC of this
				part; or
(2) is a person in a
				supervisory role responsible for the management of a public water supply system
				or public wastewater facility; or
(3) is a person who is or will be involved in
				the instruction of operators.
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 7 - WASTEWATER AND WATER SUPPLY FACILITIES › Part 4 - UTILITY OPERATOR CERTIFICATION › Section 20.7.4.29 - UTILITY OPERATORS CERTIFICATION ADVISORY BOARD

Current through Register Vol. 35, No. 13, July 16, 2024
A. Pursuant to Section 61-33-4(G) of the act,
				a board shall be appointed by the commission to function with the commission to
				establish qualifications of operators, classify systems and facilities, adopt
				rules and advise the department on the administration of the act.
B. The commission shall properly notify the
				board of all matters brought before the commission to which the act is
				applicable.
C. The board shall
				consist of seven certified operators. The commission shall also appoint two
				certified operators to serve as alternates to board members in their absence.
				All alternates appointed prior to the effective date of this part will be
				allowed to serve out the remainder of their three-year terms.
D. Appointments to the board shall be for
				three-year terms. The commission shall appoint new board members at its first
				meeting of each fiscal year. The terms shall overlap so that no more than three
				terms shall expire in any one year.
E. At the first meeting of each fiscal year,
				the board shall elect from its membership a chairman, a vice chairman, and two
				members to sit as commission members on all matters to which the act is
				applicable.
F. A quorum shall
				consist of a least four members.
G.
				The duties of the board shall include:
(1)
				reviewing proposed rules, regulations and guidelines regarding the
				administration of the act for action by the commission including:
(a) the basis for classifying public water
				supply systems and public wastewater facilities;
(b) qualifications for the various
				classifications of operators;
(c)
				proposing criteria for the evaluation of the minimum number of certified
				operators needed to operate a public water supply system or public wastewater
				facility; and
(d) developing
				criteria for the classification of wastewater laboratory technicians based on
				the complexity of analytical work performed;
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 7 - WASTEWATER AND WATER SUPPLY FACILITIES › Part 5 - WASTEWATER FACILITY CONSTRUCTION LOANS › Section 20.7.5.2 - SCOPE

Current through Register Vol. 35, No. 13, July 16, 2024
This part applies to financial assistance and actions
				  pursuant to the Wastewater Facility Construction Loan Act.
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 7 - WASTEWATER AND WATER SUPPLY FACILITIES › Part 5 - WASTEWATER FACILITY CONSTRUCTION LOANS › Section 20.7.5.3 - STATUTORY AUTHORITY

Current through Register Vol. 35, No. 13, July 16, 2024
Wastewater Facility Construction Loan Act, Sections
				  74-6A-1 to
				  15 NMSA 1978, as amended.
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 7 - WASTEWATER AND WATER SUPPLY FACILITIES › Part 5 - WASTEWATER FACILITY CONSTRUCTION LOANS › Section 20.7.5.5 - EFFECTIVE DATE

Current through Register Vol. 35, No. 13, July 16, 2024
December 16, 2015, 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 5 - WASTEWATER FACILITY CONSTRUCTION LOANS › Section 20.7.5.6 - OBJECTIVE

Current through Register Vol. 35, No. 13, July 16, 2024
The objective of this part is to establish a program to
				  provide low-cost financial assistance to state agencies, local authorities,
				  interstate agencies, and other qualified borrowers for the acquisition,
				  construction, or modification of wastewater facilities or other eligible
				  projects or activities pursuant to the act.
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 7 - WASTEWATER AND WATER SUPPLY FACILITIES › Part 5 - WASTEWATER FACILITY CONSTRUCTION LOANS › Section 20.7.5.8 - 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 5 - WASTEWATER FACILITY CONSTRUCTION LOANS › Section 20.7.5.9 - 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 5 - WASTEWATER FACILITY CONSTRUCTION LOANS › Section 20.7.5.10 - ELIGIBILITY REQUIREMENTS FOR FINANCIAL ASSISTANCE

Current through Register Vol. 35, No. 13, July 16, 2024
A. Only qualified borrowers will be eligible
				for financial assistance from the fund.
B. The project must appear on the current
				priority list at the time of the financial assistance award.
C. To be eligible for financial assistance
				from the fund, qualified borrowers shall:
(1)
				meet the requirements of financial capability set by the department to assure
				sufficient revenue to operate and maintain the facility for its useful life, if
				applicable, and to repay the financial assistance;
(2) agree to operate and maintain the
				eligible project so that the project will function properly over its structural
				and material design life, if applicable;
(3) agree to maintain separate project
				accounts, to maintain project accounts properly in accordance with generally
				accepted accounting principles and to conduct an audit of the project's
				financial records;
(4) agree to
				provide a written assurance prior to construction, signed by an attorney, or
				other authorized representative, that the qualified borrower has or will
				acquire proper title, easements and rights-of-way to the property upon or
				through which the eligible project proposed for funding is to be constructed or
				extended;
(5) require the
				contractor of the eligible project to post a performance and payment bond in
				accordance with the requirements of Section
				13-4-18
				NMSA 1978 and its subsequent amendments and successor provisions;
(6) provide a written notice of project
				completion; and
(7) provide such
				information to the department as required in order to comply with the
				provisions of the Clean Water Act and state law.
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 7 - WASTEWATER AND WATER SUPPLY FACILITIES › Part 5 - WASTEWATER FACILITY CONSTRUCTION LOANS › Section 20.7.5.11 - APPLICATION PROCEDURES FOR PRIORITY LIST PLACEMENT

Current through Register Vol. 35, No. 13, July 16, 2024
A. Applications for financial assistance
				shall be made by the qualified borrower on a form specified by the
				department.
B. Applicants for
				financial assistance shall provide the department with:
(1) a description of the scope of work of the
				project;
(2) a cost estimate of the
				project; and
(3) a target date for
				initiation of construction.
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 7 - WASTEWATER AND WATER SUPPLY FACILITIES › Part 5 - WASTEWATER FACILITY CONSTRUCTION LOANS › Section 20.7.5.12 - PRIORITY SYSTEM AND PRIORITY LIST

Current through Register Vol. 35, No. 13, July 16, 2024
A. Financial assistance shall only be made to
				qualified borrowers on the project priority list developed in accordance with
				the priority system as adopted by the commission.
B. The commission shall adopt a system for
				the ranking of projects for financial assistance.
C. The department shall prepare a priority
				list of applicants for financial assistance based on the priority system
				approved by the commission.
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 7 - WASTEWATER AND WATER SUPPLY FACILITIES › Part 5 - WASTEWATER FACILITY CONSTRUCTION LOANS › Section 20.7.5.13 - ELIGIBLE AND INELIGIBLE FINANCIAL ASSISTANCE ITEMS

Current through Register Vol. 35, No. 13, July 16, 2024
A. Eligible items for financial assistance
				made from state-only funds include but are not limited to the costs of
				engineering reports, contracted engineering design, inspection of construction,
				special engineering services, start-up services, contracted construction,
				materials purchased or equipment leased for force account construction, land,
				or acquisition of existing facilities. For financial assistance made from
				federal funds, eligible items are those identified pursuant to the Clean Water
				Act.
B. Financial assistance shall
				be made only to qualified borrowers that employ or contract with a New Mexico
				licensed professional engineer to provide and be responsible for engineering
				services on the project. Such services include, but are not limited to
				engineering reports, construction contract documents, supervision of
				construction, and start-up services.
C. Ineligible for financial assistance made
				with state-only funds items include:
(1) the
				costs of water rights;
(2)
				administrative costs;
(3)
				fulfillment or partial fulfillment of requirements made of a subdivider by the
				provisions of the Land Subdivision Act or the New Mexico Subdivision
				Act;
(4) force account
				construction; and
(5)
				administrative fees.
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 7 - WASTEWATER AND WATER SUPPLY FACILITIES › Part 5 - WASTEWATER FACILITY CONSTRUCTION LOANS › Section 20.7.5.14 - ADMINISTRATION OF THE LOAN PROGRAM AND FUND

Current through Register Vol. 35, No. 13, July 16, 2024
A. The loan program and fund is administered
				by the department as agent for the commission. Pursuant to Paragraph 10 of
				Subsection A of Section
				74-6A-9 NMSA
				1978 of the act, the department shall develop new, and implement existing,
				policies, procedures and guidelines necessary and appropriate to implement the
				provisions of the act and the Clean Water Act.
B. The necessary administrative expenses
				required of the board, the commission, and the department to implement the
				provisions of the act will be appropriated from the fund.
C. The department may impose and collect a
				fee from each qualified borrower that receives financial assistance from the
				fund, which fee shall be deposited into the clean water state revolving loan
				administrative fund, and used solely for the costs of administering the fund as
				follows:
(1) an administrative fee may be
				assessed on all financial assistance provided after January 1, 1996, and will
				be assessed on the refinancing of financial assistance after October 1,
				1993;
(2) if an administrative fee
				is assessed pursuant to Paragraph (1) of Subsection C of 20.7.5.14 NMAC above,
				the total administrative fee assessed shall not exceed five percent of the
				total loan amount; the fee will be assessed on the outstanding principal
				balance of the loan payable; these fees are due on the same dates the payment
				of principal and interest on the loans are due, and shall be charged to each
				borrower, unless waived from the requirement by the department; the department
				may determine, establish and revise from time to time, the precise amount of
				the administrative fee to be charged, based on the projected costs of
				administering the program and other revenue available to pay such costs; the
				administrative fee payments must be deposited in the clean water state
				revolving loan administrative fund as they are received; interest on the clean
				water state revolving loan administrative fund shall be transferred to the
				administrative fund as it is received; and
(3) an administrative fee of two percent of
				the unpaid principal balance of the refinanced loan will be assessed against
				the qualified borrower and shall be paid into the clean water state revolving
				loan administrative fund at the time of closing of the refinancing.
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 20.7.6.2 - SCOPE

Current through Register Vol. 35, No. 13, July 16, 2024
These policies, procedures and guidelines apply to all
				  construction projects funded in-part from funds within the wastewater
				  facilities construction loan fund.
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 20.7.6.3 - STATUTORY AUTHORITY

Current through Register Vol. 35, No. 13, July 16, 2024
Department of Environment Act, NMSA 1978,
				  9-7A-6.F;
				  Wastewater Facility Construction Loan Act, NMSA 1978, Sections
				  74-6A-1 to
				  15; and Water Quality Control 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 6 - WASTEWATER FACILITY CONSTRUCTION LOAN POLICIES AND GUIDELINES › Section 20.7.6.5 - EFFECTIVE DATE

Current through Register Vol. 35, No. 13, July 16, 2024
December 30, 2015, unless a later date is cited at the end of
				  a section.
A. All references to HED
				88-2 (EID) or to the New Mexico Wastewater Facility Construction Loan Fund
				Policies, Procedures and Guidelines in any other rule shall be construed as a
				reference to this part.
B. The
				amendment and replacement of HED 88-2 (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 88-2
				(EID).
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 20.7.6.6 - OBJECTIVE

Current through Register Vol. 35, No. 13, July 16, 2024
The objective of this part is to establish policies,
				  procedures and guidelines in the administration of loans from the wastewater
				  facility construction loan fund.
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 20.7.6.7 - DEFINITIONS

Current through Register Vol. 35, No. 13, July 16, 2024
As used in this part.
A.
"Administrative fee"
means a
				fee assessed and collected by the department from the state agency or qualified
				borrower on each loan with an interest greater than zero percent and expressed
				as a percentage per year on the outstanding principal amount of the loan,
				payable by the borrower on the same date that principal and interest on the
				loan are due, for deposit in the clean water administrative fund.
B.
"Applicant"
means a state
				agency or qualified borrower that meets the following criteria:
(1) placement on the current fiscal year
				priority list,
(2) financial
				capability to service a loan, to perform operation and maintenance, to maintain
				a replacement fund and debt service reserve fund, and
(3) readiness to proceed.
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 20.7.6.8 - BACKGROUND

Current through Register Vol. 35, No. 13, July 16, 2024
The Department of Environment Act, Section
				  9-7A-6.D, NMSA 1978, provides
				  authority to the secretary of environment to make and adopt reasonable and
				  procedural rules and regulations as may be necessary to carry out the duties of
				  the department and its division. The authority for the New Mexico environment
				  department to provide loans to eligible applicants for the construction of
				  wastewater facilities is provided in Sections
				  74-6A-1 to 15 NMSA 1978,
				  Wastewater Facility Construction Loan Act and in Sections
				  74-6-1 to 17 NMSA 1978, the New
				  Mexico Water Quality Act. The water quality control commission adopted
				  regulations pursuant to the Wastewater Facility Construction Loan Act which
				  establish a program to provide financial assistance to state agencies, local
				  authorities, interstate agencies, and other qualified borrowers for the
				  acquisition, construction, or modification of wastewater facilities or other
				  eligible projects or activities. Title VI of the Federal Clean Water Act, as
				  amended, authorizes the U.S. environmental protection agency (EPA) to make
				  capitalization grants to states for deposit in the wastewater facility
				  construction loan fund (state revolving fund - SRF). "Final Initial Guidance -
				  State Water Pollution Control Revolving Fund" was published by EPA on January
				  28, 1988, which represents EPA's approach to implementation of Title VI. EPA
				  updated its approach to implementation of Title VI with the "Interpretive
				  Guidance for Certain Amendments in the Water Resources Reform and Development
				  Act to Titles I, II, V, and VI of the Federal Water Pollution Control Act"
				  published on January 6, 2015.
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 20.7.6.9 - 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 6 - WASTEWATER FACILITY CONSTRUCTION LOAN POLICIES AND GUIDELINES › Section 20.7.6.10 - 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 6 - WASTEWATER FACILITY CONSTRUCTION LOAN POLICIES AND GUIDELINES › Section 20.7.6.11 - GENERAL

Current through Register Vol. 35, No. 13, July 16, 2024
A. Direct loans
				from the fund may be offered for up to one hundred percent of total eligible
				project costs under state and federal statutes and regulations, subject to
				availability of loan monies.
B. Two
				types of loans are available: planning/design loans and construction loans.
(1) Planning/design loans. The maximum
				repayment period is limited to five years from the date of the interim loan
				agreement. If the borrower receives a construction loan for the same project,
				the borrower will be provided the option of re-amortizing any remaining
				principal balance plus accrued interest and administrative fees on the
				planning/design loan upon completion of the construction project, or may make
				payments under both loans.
(2)
				Construction loans. The length of the loan repayment period will not exceed 30
				years or the expected life of the project improvements, whichever is less.
				Loans of lesser amounts will receive a shorter repayment period depending upon
				the borrower's ability to service the debt in a reduced time period. The
				construction loan may include the cost of design and may precede the design
				phase of the project if the design period is relatively short and if a
				reasonable estimate of construction costs is available. Since the interim loan
				agreement is essentially a line-of-credit for planning, design, and
				construction of the project the borrower must agree to complete the appropriate
				planning requirements prior to proceeding to the design and construction phases
				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 20.7.6.12 - APPLICATION PROCEDURES FOR PRIORITY LIST PLACEMENT

Current through Register Vol. 35, No. 13, July 16, 2024
A. The commission at
				20.7.5.11 NMAC specifies loan
				program application procedures. Applicants for loans shall submit a complete
				loan application to NMED on a form specified by NMED. Applications may be
				submitted at any time; although, generally an annual funding cycle is
				followed.
B. NMED shall review the
				applications for eligibility, technical merits, and rank the applications based
				on the project priority system described in
				20.7.5.12 NMAC, 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 6 - WASTEWATER FACILITY CONSTRUCTION LOAN POLICIES AND GUIDELINES › Section 20.7.6.13 - PRIORITY SYSTEM AND PRIORITY LIST PROCEDURES

Current through Register Vol. 35, No. 13, July 16, 2024
A. A project must be on the state priority
				list to receive a planning/design or construction loan. It is the policy of
				NMED to make loans to state agencies and qualified borrowers in order of
				priority on the current state priority list for loans to the extent reasonable
				considering the following:
(1) willingness of
				an applicant to accept a loan;
(2)
				financial capability of the applicant to service the loan, to perform operation
				and maintenance, and to maintain a debt coverage ratio as determined by NMED;
				and
(3) readiness to
				proceed.
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 20.7.6.14 - APPLICATION FOR FUNDABLE PROJECTS GUIDELINES - PROJECT PREPLANNING CONFERENCE

Current through Register Vol. 35, No. 13, July 16, 2024
A. At
				NMED's request, a preplanning conference will be scheduled. The applicants'
				representatives and possibly the applicants' consulting engineers will meet
				with the NMED project engineers to discuss the project. Items that may be
				discussed are:
(1) review of SRF policies,
				procedures, and guidelines;
(2)
				enforceable requirements;
(3)
				eligibility of applicant;
(4)
				appropriate technology;
(5) user
				charges in relation to financial capability of the applicant being able to
				repay the loan;
(6) environmental
				impacts;
(7) procurement of A/E
				services;
(8) the importance of
				public participation; (citizen involvement will be an asset in the development
				of plans that reflect the needs and values 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.
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 20.7.6.15 - GENERAL PROJECT ADMINISTRATIVE REQUIREMENTS

Current through Register Vol. 35, No. 13, July 16, 2024
A. Loan agreement.
(1) An interim loan agreement will be
				prepared by NMED and executed by the borrower for the project which can be
				financed with available loan funds and which has completed requirements set by
				NMED pursuant to the Clean Water Act, as amended, and the New Mexico Wastewater
				Facility Construction Loan Act. Projects which are not ready to proceed to the
				interim loan agreement stage within six months of allocation of available loan
				funds may be bypassed by projects lower on the priority list which are ready to
				proceed.
(2) The interim loan
				agreement contains several conditions and certifications including:
(a) certification that the borrower is a
				legal entity with authority to execute a loan agreement by ordinance;
				certification that a resolution designating signatory authority has been
				passed;
(b) copies of all executed
				contracts, subcontracts, agreements, and related amendments entered into by the
				borrower prior to the interim loan agreement, but related to this
				project;
(c) request for proposals
				(RFP) documentation and an engineering agreement, or letter of certificate if
				employing staff engineers.