reglab/statecodes huggingface dataset:
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 7 - WASTEWATER AND WATER SUPPLY FACILITIES › Part 2 - RURAL WATER SUPPLY, WASTEWATER AND SOLID WASTE INFRASTRUCTURE › Section 20.7.2.7 - DEFINITIONS

Current through Register Vol. 35, No. 13, July 16, 2024
A. "Administrative
				account" means a separate account established within the fund to carry out the
				administrative functions of the Rural Infrastructure Act.
B. "Average residential user cost reduction
				grant" means a grant for the purpose of reducing the average residential user
				cost to a reasonable level as determined by the department for an eligible
				financially needy loan recipient whose water supply facility serves a
				population of less than three thousand.
C. "Base interest rate" means the annual
				interest rate for loans to local authorities that do not qualify for average
				user cost reduction grants or zero percent loans.
D. "Fund" means the rural infrastructure
				revolving loan fund.
E. "Local
				authority" means a mutual domestic association, or water and sanitation
				district that supplies water, wastewater or solid waste services to, or a
				municipality that has a population of less than twenty thousand or a county
				with a population less than two hundred thousand.
F. "Operate and maintain" means to conduct
				all necessary activities, including but not limited to replacement of equipment
				or appurtenances, to assure the dependable and economical function of a water
				supply or wastewater facility in accordance with its intended
				purpose.
G. "Priority ranking
				system" means the system for ranking water supply, wastewater, and solid waste
				facility construction projects for which loan applications have been received
				pursuant to the Rural Infrastructure Act.
H. "Priority list" means a list of water
				supply, wastewater and solid waste facility construction projects ranked
				according to the priority ranking system.
I. "RIA" means the Rural Infrastructure Act,
				Chapter 75, Article 1 NMSA 1978.
J.
				"Secretary" means the secretary of the environment department.
K. "Solid waste facility" includes transfer
				and convenience facilities, landfills or other equipment or systems used for
				processing, transformation, recycling or disposal of solid waste.
L. "Water supply facility" includes the
				source of supply of water, pumping equipment, storage facilities, transmission
				lines, treatment works, and distribution systems.
M. "Wastewater facility" includes collection
				lines, pumping equipment, treatment works, and disposal piping or process
				units.
N. "Zero percent loan" means
				a loan which carries no interest for the purpose of reducing the average
				residential user cost to a reasonable level as determined by the department for
				an eligible financially needy loan recipient whose water supply, wastewater, or
				solid waste facility serves a population of less than 3,000.
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 7 - WASTEWATER AND WATER SUPPLY FACILITIES › Part 2 - RURAL WATER SUPPLY, WASTEWATER AND SOLID WASTE INFRASTRUCTURE › Section 20.7.2.200 - ELIGIBILITY

Current through Register Vol. 35, No. 13, July 16, 2024
A. Grants and loans
				shall be made only to local authorities that:
(1) agree to operate and maintain the water
				supply, wastewater, or solid waste facilities so that the facilities will
				function properly over their structural and material design life, which shall
				not be less than twenty years;
(2)
				require the contractor of the construction project to post a performance and
				payment bond in accordance with the requirements of Section
				13-4-18
				NMSA 1978;
(3) provide a written
				assurance, signed by an attorney, that the local authority has proper title,
				easements, and rights-of-way to the property upon or through which the water
				supply, wastewater, or solid waste facility proposed for funding is to be
				constructed or extended;
(4) meet
				the requirements for financial capability set by the department to assure
				sufficient revenues to operate and maintain the facility for its useful life
				and to repay the loan;
(5) pledge
				sufficient revenues for repayment of the loan, provided that such revenues may
				by law be pledged for that purpose;
(6) agree to properly maintain financial
				records and to conduct an audit of the project's financial records;
(7) are included on the RIA priority
				list;
(8) have a treasurer, clerk,
				secretary-treasurer, or other individual responsible for the financial aspects
				of the project who is bonded;
(9)
				employ a registered professional engineer licensed in the state of New Mexico
				to provide and be responsible for all engineering services on a project;
				and
(10) provide a written notice
				to the department of completion and start of operation of the water supply,
				wastewater, or solid waste facility.
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 7 - WASTEWATER AND WATER SUPPLY FACILITIES › Part 2 - RURAL WATER SUPPLY, WASTEWATER AND SOLID WASTE INFRASTRUCTURE › Section 20.7.2.201 - ELIGIBLE AND NONELIGIBLE ITEMS

Current through Register Vol. 35, No. 13, July 16, 2024
A. Eligible items include the costs of
				engineering feasibility reports, contracted engineering services, archeological
				surveys, and contracted construction.
B. The following items are eligible for loan
				funds only: water rights, land, system acquisition, easements, rights-of-way,
				legal costs, fiscal agents' fees, and refinancing of program loans.
C. Administrative costs of the local
				authority are ineligible.
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 7 - WASTEWATER AND WATER SUPPLY FACILITIES › Part 2 - RURAL WATER SUPPLY, WASTEWATER AND SOLID WASTE INFRASTRUCTURE › Section 20.7.2.202 - RESPONSIBILITIES OF THE DEPARTMENT; APPLICATION PROCEDURES

Current through Register Vol. 35, No. 13, July 16, 2024
A. The department shall administer the RIA
				Program. Money in the fund is appropriated to the department to carry out the
				provisions of the Rural Infrastructure Act. The department may allocate up to
				two percent of the total balance in the fund to pay for administrative expenses
				necessary to carry out the provisions of the Rural Infrastructure Act. Money
				allocated for administrative expenses shall be placed in a separate
				administrative account in the fund to be used solely for administrative
				expenses, and the department shall at the beginning of the fiscal year
				determine the projected administrative costs for the year and deposit in the
				account the appropriate amount; provided that the amount to be deposited does
				not exceed two percent of the total balance fund. Money in the account shall
				remain in the account at the end of a fiscal year.
B. Applications are to be submitted on
				standard forms provided by the department.
C. All applications for assistance under the
				RIA are due on the date(s) specified by the department.
D. The department shall review the
				application for eligibility, technical merits, and financial capability, and
				rate the applications based on the priority ranking system described in Section
				20.7.2.300 NMAC.
E. The department
				shall make loans and, if applicable, average user cost reduction grants and/or
				zero percent loans to local authorities in order of priority on the current
				fiscal year priority list and considering the following:
(1) willingness of a local authority to
				accept a loan;
(2) financial
				capability of the local authority to repay the loan, to properly operate and
				maintain the water supply, wastewater or solid waste facility, to maintain a
				replacement fund and a debt service reserve fund; and
(3) readiness to proceed with the
				project.
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 7 - WASTEWATER AND WATER SUPPLY FACILITIES › Part 2 - RURAL WATER SUPPLY, WASTEWATER AND SOLID WASTE INFRASTRUCTURE › Section 20.7.2.203 - LOAN AND GRANT DISBURSEMENT REQUIREMENTS

Current through Register Vol. 35, No. 13, July 16, 2024
A. Interim loan disbursements to pay for
				contracted engineering services and other professional services may be made
				prior to approval of the plans and specifications by the department.
B. Interim and final loan and grant
				disbursements may be made by the department on a monthly basis as work is
				progressing.
C. The above loan and
				grant disbursements shall be made provided the local authority receiving RIA
				funds has complied with the requirements of these regulations and the
				department's administrative procedures.
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 7 - WASTEWATER AND WATER SUPPLY FACILITIES › Part 2 - RURAL WATER SUPPLY, WASTEWATER AND SOLID WASTE INFRASTRUCTURE › Section 20.7.2.204 - LOAN AND GRANT LIMITATIONS

Current through Register Vol. 35, No. 13, July 16, 2024
A.
				The base interest rate shall be an annual interest rate set by the secretary
				that is at or below market interest rate.
B. No loan recipient eligible to receive a
				grant under the RIA shall receive a grant in any one year totaling more than
				$500,000.
C. A zero percent
				interest loan, in any one year, may not exceed $500,000.
D. The total of all loans in any one year for
				any single local authority may not exceed $2,000,000.
E. The maximum assistance, including both
				loans and grants, which a local authority may receive in any one year under the
				RIA is $2,000,000.
F. A loan under
				RIA shall be for a period of time not to exceed twenty years.
G. The repayment of a loan shall be in
				annual, quarterly, or monthly installments as approved by the department
				beginning one year after completion of the project. The repayment of the
				interest on the loan accumulated during the design and construction of a
				project may be included in the final loan amount, but it shall not be counted
				in determining the maximum loan amount.
H. Existing loans under the Rural
				Infrastructure Act may be refinanced when the annual interest rate set by the
				department is at least one percentage point less than the annual interest rate
				on the existing loan. The request for refinance of an existing loan must be
				submitted in writing to the department.
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 7 - WASTEWATER AND WATER SUPPLY FACILITIES › Part 2 - RURAL WATER SUPPLY, WASTEWATER AND SOLID WASTE INFRASTRUCTURE › Section 20.7.2.205 - RATE-SETTING AUTHORITY

Current through Register Vol. 35, No. 13, July 16, 2024
In the event a local authority fails to make the prescribed
				  loan repayment, the department is authorized to set water, wastewater, or solid
				  waste user rates in the area of the local authority's jurisdiction in order to
				  provide sufficient money for repayment of the loan and proper operation and
				  maintenance of the water supply, wastewater, or solid waste
				  facility.
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 7 - WASTEWATER AND WATER SUPPLY FACILITIES › Part 2 - RURAL WATER SUPPLY, WASTEWATER AND SOLID WASTE INFRASTRUCTURE › Section 20.7.2.300 - ELEMENTS OF RANKING CRITERIA

Current through Register Vol. 35, No. 13, July 16, 2024
A.
				The department's ranking procedures for water supply construction projects
				submitted pursuant to the RIA shall include evaluation of:
(1) microbiological, turbidity, inorganic,
				organic, radiological, secondary parameters, and any other water quality
				parameters determined by the department to be pertinent to the overall quality
				of the water provided by the water supply facility;
(2) components of the water supply facility,
				including but not limited to:
(a)
				treatment;
(b)
				disinfection;
(c)
				storage;
(d) distribution
				capacity;
(e) reliability of the
				system;
(f) potential for emergency
				assistance;
(g) need for
				expansion;
(h) age of the system;
				and
(i) overall condition of the
				system; and
(3) the
				number of individuals served by the local authority's water supply facility,
				with a project serving a smaller number of individuals receiving a higher
				ranking than a project serving a larger number of individuals.
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 7 - WASTEWATER AND WATER SUPPLY FACILITIES › Part 2 - RURAL WATER SUPPLY, WASTEWATER AND SOLID WASTE INFRASTRUCTURE › Section 20.7.2.400 - SEVERABILITY

Current through Register Vol. 35, No. 13, July 16, 2024
If any provision or application of this Part is held invalid,
				  the remainder or its application to other situations of persons shall not be
				  affected.
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 7 - WASTEWATER AND WATER SUPPLY FACILITIES › Part 2 - RURAL WATER SUPPLY, WASTEWATER AND SOLID WASTE INFRASTRUCTURE › Section 20.7.2.401 - CONSTRUCTION

Current through Register Vol. 35, No. 13, July 16, 2024
This Part shall be construed so as to effectuate the purpose
				  of the RIA.
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 7 - WASTEWATER AND WATER SUPPLY FACILITIES › Part 2 - RURAL WATER SUPPLY, WASTEWATER AND SOLID WASTE INFRASTRUCTURE › Section 20.7.2.402 - SAVINGS CLAUSE

Current through Register Vol. 35, No. 13, July 16, 2024
Repeal of 20 NMAC 7.2 shall not affect any action pending
				  under those provisions on the effective date of this Part.
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 7 - WASTEWATER AND WATER SUPPLY FACILITIES › Part 3 - LIQUID WASTE DISPOSAL AND TREATMENT › Section 20.7.3.2 - SCOPE

Current through Register Vol. 35, No. 13, July 16, 2024
A. This part,
				20.7.3 NMAC, applies to on-site liquid waste systems, and effluent from such
				systems, that receive 5,000 gallons or less of liquid waste per day, and that
				do not generate discharges that require a discharge plan pursuant to 20.6.2
				NMAC or a national pollutant discharge elimination system (NPDES)
				permit.
B. 20.7.3.306 and 808 NMAC
				apply to the disposal of on-site septage and holding tank wastes.
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 7 - WASTEWATER AND WATER SUPPLY FACILITIES › Part 3 - LIQUID WASTE DISPOSAL AND TREATMENT › Section 20.7.3.3 - STATUTORY AUTHORITY

Current through Register Vol. 35, No. 13, July 16, 2024
NMSA 1978, Sections
				  74-1-6,
				  74-1-7(A)(3), 74-1-8(A)(3), and
				  74-1-9
				  (Repl. Pamp 1993 and Cum. Supp. 1997).
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 7 - WASTEWATER AND WATER SUPPLY FACILITIES › Part 3 - LIQUID WASTE DISPOSAL AND TREATMENT › Section 20.7.3.5 - EFFECTIVE DATE

Current through Register Vol. 35, No. 13, July 16, 2024
September 1, 2013, except where a later effective date is
				  indicated in the history note at the end of a section.
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 7 - WASTEWATER AND WATER SUPPLY FACILITIES › Part 3 - LIQUID WASTE DISPOSAL AND TREATMENT › Section 20.7.3.6 - OBJECTIVE

Current through Register Vol. 35, No. 13, July 16, 2024
To protect the health and welfare of present and future
				  citizens of New Mexico by providing for the prevention and abatement of public
				  health hazards and surface and groundwater contamination from on-site liquid
				  waste disposal practices.
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 7 - WASTEWATER AND WATER SUPPLY FACILITIES › Part 3 - LIQUID WASTE DISPOSAL AND TREATMENT › Section 20.7.3.7 - DEFINITIONS

Current through Register Vol. 35, No. 13, July 16, 2024
As used in 20.7.3 NMAC.
A. Terms starting with the letter 'A' are
				defined as follows:
(1) "absorption area"
				means the area in square feet of infiltrative surface in a soil disposal system
				designated to receive effluent from a treatment unit;
(2) "absorption bed" means a conventional
				disposal bed greater than three feet in width and where the minimum horizontal
				dimension is greater than the vertical dimension;
(3) "advanced treatment" means any process of
				wastewater treatment that removes a greater amount of contaminants than is
				accomplished through primary treatment; "advanced treatment" may include
				physical or chemical processes;
(4)
				"aggregate" means clean washed gravel or crushed rock, having a hardness value
				of 3 or more on the Mohs scale of hardness, or a synthetic media reviewed by
				the wastewater technical advisory committee and approved by the department;
				shall have a minimum size of 3/4 inch and a maximum size of 2 1/2 inches, no
				greater than 4% fines by weight or volume and provide no less than 35% void
				space under field conditions; shall be durable, inert, maintain its integrity,
				not collapse or disintegrate with time, and not be detrimental to the
				performance of the system or to groundwater quality;
(5) "alternative disposal" means any approved
				on-site liquid waste disposal method used in lieu of, including modifications
				to, a conventional disposal method;
(6) "amendment of permit" means a change that
				does not affect the permitability of a liquid waste system, including a change
				of ownership or installer, and is not a "modification" as defined in this
				section;
(7) "applicant" means the
				owner applying for a permit to install, modify or operate an on-site liquid
				waste system;
(8) "approved" means:
(a) materials, products or procedures that
				have been reviewed by the wastewater technical advisory committee, if required,
				and accepted for use by the department;
(b) a liquid waste system that was permitted
				and installed in compliance with the standards and requirements of this
				regulation and received department authorization for use;
(c) a person or entity authorized by the
				department to design, install, modify or maintain liquid waste systems or a
				person authorized by the department to perform site or liquid waste system
				evaluations;
(d) materials,
				products or procedures that are approved or meet minimum standards certified by
				the international association of plumbing and mechanical officials (IAPMO), as
				applicable; and
(9)
				"arroyo" means a dry wash or draw that flows occasionally in response to
				precipitation, a watercourse (as a creek or stream) in an arid region or a
				water carved gully or channel.
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 7 - WASTEWATER AND WATER SUPPLY FACILITIES › Part 3 - LIQUID WASTE DISPOSAL AND TREATMENT › Section 20.7.3.8 - GENERAL PROVISIONS

Current through Register Vol. 35, No. 13, July 16, 2024
A.
				Interpretation: The definitions in 20.7.3.7 NMAC shall be construed so as to
				achieve the objective of 20.7.3 NMAC.
B. Alternative resources: When guidance is
				sought in areas not covered by 20.7.3 NMAC, the most recent version of the
				following resources may provide guidance. In cases where reference to these
				alternative resources is proposed the department shall make the final
				determination of applicability.
(1) The
				American national standards institute (ANSI) book of codes.
(2) The American society for testing and
				materials (ASTM) testing manual.
(3) The international association of plumbing
				and mechanical officials (IAPMO) codes.
(4) The national sanitation foundation (NSF)
				standard 40, standard 41, and standard 46.
(5) EPA design manuals for onsite wastewater
				treatment and disposal systems.
(6)
				USDA soil survey manuals.
(7) New
				Mexico administrative code.
(8)
				Wisconsin mound soil absorption system: siting, design and construction manual,
				university of Wisconsin-Madison.
(9) The consortium of institutes for
				decentralized wastewater treatment (CIDWT), decentralized wastewater treatment
				glossary and installation manual.
(10) other technical publications.
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 7 - WASTEWATER AND WATER SUPPLY FACILITIES › Part 3 - LIQUID WASTE DISPOSAL AND TREATMENT › Section 20.7.3.202 - PROCEDURES; MODIFICATION OF EXISTING SYSTEMS

Current through Register Vol. 35, No. 13, July 16, 2024
A. Prior to the modification of an
				established on-site liquid waste system, a permit application must be submitted
				in accordance with 20.7.3.401-405 NMAC. The portion of the system requiring
				modification shall be in accordance with the current version of 20.7.3 NMAC
				except as noted in Subsections C and D of 20.7.3.202 NMAC below.
B. Replacement components for on-site liquid
				waste systems shall be of materials approved by the department.
C. On-site liquid waste systems modified
				after the effective date of this regulation:
(1) shall meet the lot size requirements of
				the regulations in effect at the time of the initial installation or most
				recent permitted modification; and
(2) the total lot flow shall be increased
				only if all current standards and requirements are met pursuant to 20.7.3 NMAC.
				More stringent requirements may be required pursuant to Subsection L of
				20.7.3.201 NMAC.
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 7 - WASTEWATER AND WATER SUPPLY FACILITIES › Part 3 - LIQUID WASTE DISPOSAL AND TREATMENT › Section 20.7.3.203 - PROCEDURES; CONSTRUCTION INSPECTIONS AND TESTING

Current through Register Vol. 35, No. 13, July 16, 2024
A. The department may perform site
				inspections prior to making a decision on a permit application or variance
				petition, during construction or modification of the system and after
				completion of the system. The department may require test holes to be excavated
				and documentation to be provided for purposes of determining soil types, depth
				of soil and water table depths. In areas where soil conditions are well
				characterized and groundwater depth is documented, test holes may be waived.
				The department may collect samples of soil, liquid waste and water, including
				water from wells, to determine compliance with 20.7.3 NMAC.
B. Upon granting the permit or variance
				application, if the department determines an inspection is necessary, the
				department shall indicate the point in the construction process where the first
				construction inspection is to be scheduled or in accordance with Subsection A
				of this section.
(1) The person doing the work
				authorized by the permit shall notify the department, orally or in writing, to
				schedule an inspection time, a minimum of two working days prior to the
				inspection. The department may assess a re-inspection fee if the work is not
				ready for inspection at the time of the scheduled inspection. In the event the
				inspection is not conducted within one hour after the appointed time of
				inspection, the installer shall take photographs that accurately identify the
				site and features of the installation and proceed with the installation. Copies
				of such photographs shall be submitted to the department.
(2) All homeowner installed systems shall be
				inspected by the department.
(3) If
				an inspection results in the issuance of a notice of non-approval, a
				re-inspection shall be required. The person shall notify the department as
				indicated above.
(4) An installer
				specialist doing the work authorized by the permit shall notify the department,
				orally or in writing, of the day and time the work will be ready for
				inspection. Such notification shall be given at least two working days,
				calculated to the hour, prior to the time of the requested inspection. If the
				department inspector does not arrive at the site within one hour of the
				notified time of completion, the installer specialist shall take digital
				photographs of all components of the installation, shall complete an inspection
				form provided by the department and may complete the installation. The
				installer specialist shall provide electronic copies of the photographs and
				inspection form to the department within five working days.
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 7 - WASTEWATER AND WATER SUPPLY FACILITIES › Part 3 - LIQUID WASTE DISPOSAL AND TREATMENT › Section 20.7.3.301 - STANDARDS; LOT SIZE REQUIREMENTS

Current through Register Vol. 35, No. 13, July 16, 2024
A. The requirements of this section apply to
				all conventional treatment systems that discharge to the soil. Compliance with
				the requirements of this section shall be based on the total design flow for
				the lot. Water conservation devices or demonstrated actual flows shall not be
				used to reduce the requirements of this section. For the purposes of 20.7.3
				NMAC, lot sizes shall be calculated to the nearest hundredth (0.01)
				acre.
B. The date of record for a
				lot shall be considered to be either:
(1) the
				date of legal recording in the county clerk's office or validation by other
				means associated with the most recent change in lot size or boundaries;
				or
(2) for those lots in
				subdivisions having received final approval from governments having
				jurisdiction therein prior to February 1, 1990, such date of record shall be
				two and one-half years from the date of final government approval or July 1,
				1992, whichever occurs first.
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 7 - WASTEWATER AND WATER SUPPLY FACILITIES › Part 3 - LIQUID WASTE DISPOSAL AND TREATMENT › Section 20.7.3.302 - STANDARDS; SETBACK REQUIREMENTS

Current through Register Vol. 35, No. 13, July 16, 2024
A. On-site liquid waste systems shall be
				located to meet setback distances, in feet, specified in the following Table
				302.1. Setback distances apply to any part of the on-site liquid waste system.
Table 302.1: Minimum setback and clearance
				  requirements
From: To:
Building Sewer
Treatment Unit*
Disposal Field
Seepage Pit
Property lines
clear
5 ft.
5 ft.
8 ft.
Building or structure
2 ft.
5 ft.
8 ft.
8 ft.
Distribution box
--
--
5 ft.
5 ft.
Disposal field
--
10 ft.*****
4 ft****
10 ft.
Seepage pit
--
10 ft.
10 ft.
12 ft.
Drinking water line******:
- private
1 ft.
10 ft.
10 ft.
10 ft.
- public
10 ft.
10 ft.
10 ft.
10 ft.
Drinking water source/well:
- private
50 ft.
50 ft.
100 ft.
100 ft.
- public
50 ft.
100 ft.
200 ft.
200 ft.
Irrigation well
50 ft.
50 ft.
100 ft.
100 ft.
Lined canals
--
10 ft.**
10 ft.**
10 ft.**
Unlined canals, drainage ditches
--
15 ft.**
25 ft.**
25 ft.**
Arroyos
--
15 ft.**
25 ft.**
25 ft.**
Other watercourses,
Waters of the state
--
50 ft.
100 ft.
100 ft.
Retention/detention area or flood irrigation areas
--
15 ft.
15 ft.
15 ft.
Seasonal high water table, bedrock and other
							 impervious layers***
--
--
4 ft. to bottom of system
4 ft. to bottom of system
(1) * Applies
				to privy pits, enclosed systems, other liquid waste treatment units.
(2) ** Plus depth of channel.
(3) *** Unlined privy pits shall provide
				clearance of at least four feet.
(4) **** Plus two feet for each additional
				foot of depth below the invert of the distribution pipe.
(5) ***** May be five feet when Schedule 40
				PVC/DWV pipe is used.
(6) ******Or
				applicable plumbing code.
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 7 - WASTEWATER AND WATER SUPPLY FACILITIES › Part 3 - LIQUID WASTE DISPOSAL AND TREATMENT › Section 20.7.3.303 - STANDARDS; CLEARANCE REQUIREMENTS

Current through Register Vol. 35, No. 13, July 16, 2024
A. Seasonal high groundwater levels and
				seasonal high water flows shall be determined by the department either by
				direct observation, by the presence of mottling in the soil profile, by
				reliance upon the findings of a qualified professional or upon published
				scientific material, well records or other sources acceptable to the
				department. The department may adjust the measured water table to compensate
				for factors such as season, drought, irrigation or flooding. Compliance with
				seasonal high groundwater table and seasonal high water flow clearances in this
				section shall be based on the best-documented evidence available to the
				department at the time of installation or modification.
B. No conventional on-site liquid waste
				system shall discharge liquid waste into the soil where the vertical clearance
				from the bottom of the absorption area to seasonal high groundwater table,
				impervious formation or other limiting layer is less than four feet of suitable
				soil. A reduction in this clearance may be allowed with appropriate advanced
				treatment or alternative disposal.
C. Unlined privy pits shall provide a
				clearance of no less than four feet of suitable soil from the bottom of the
				excavation to the seasonal high groundwater table, the seasonal high water
				flow, impervious formation or other limiting layer.
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 7 - WASTEWATER AND WATER SUPPLY FACILITIES › Part 3 - LIQUID WASTE DISPOSAL AND TREATMENT › Section 20.7.3.304 - STANDARDS; PROHIBITIONS

Current through Register Vol. 35, No. 13, July 16, 2024
A. No
				person shall introduce into an on-site liquid waste system household hazardous
				wastes, solvents, fertilizers, livestock wastes, vehicle and equipment wash
				water or other materials of a composition or concentration not generally
				considered liquid waste as defined in 20.7.3 NMAC.
B. Liquid waste treatment additives shall not
				be used as a means to reduce the frequency of proper maintenance and removal of
				septage from a treatment unit.
C.
				Effluent shall not be stored with any other source of water, either potable or
				non-potable.
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 7 - WASTEWATER AND WATER SUPPLY FACILITIES › Part 3 - LIQUID WASTE DISPOSAL AND TREATMENT › Section 20.7.3.305 - STANDARDS; WASTE INTERCEPTORS

Current through Register Vol. 35, No. 13, July 16, 2024
A.
				When liquid wastes are discharged containing excessive amounts of grease,
				garbage, flammable wastes, sand or other ingredients that may affect the
				operation of an onsite liquid waste system, an interceptor for such wastes
				shall be installed in-line prior to the liquid waste treatment unit.
B. Installation of interceptors shall require
				a permit from the authorized building department.
C. Waste interceptors shall be maintained in
				accordance with manufacturer's specifications and require a maintenance
				contract to be in effect at all times.
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 7 - WASTEWATER AND WATER SUPPLY FACILITIES › Part 3 - LIQUID WASTE DISPOSAL AND TREATMENT › Section 20.7.3.306 - STANDARDS; SEPTAGE

Current through Register Vol. 35, No. 13, July 16, 2024
Disposal of septage shall occur only at a permitted facility
				  with the knowledge and consent of the facility owner, and shall not cause a
				  hazard to public health nor degrade a body of water. Transport and disposal of
				  septage shall be in conformance with applicable federal, state and local
				  regulations. Septage pumpers shall keep customer invoices and disposal records
				  for three years and shall, upon written request by the department, make such
				  records available to the department for inspection.
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 7 - WASTEWATER AND WATER SUPPLY FACILITIES › Part 3 - LIQUID WASTE DISPOSAL AND TREATMENT › Section 20.7.3.307 - STANDARDS; ABANDONED SEWERS AND ON-SITE LIQUID WASTE SYSTEMS

Current through Register Vol. 35, No. 13, July 16, 2024
A. Every abandoned
				building sewer, or part thereof, shall be plugged or capped within five feet of
				the property line using a cap or plug prescribed by the New Mexico plumbing
				code.
B. Every cesspool, holding
				tank, septic tank, seepage pit or other liquid waste treatment unit that has
				been abandoned or has otherwise been discontinued from further use or to which
				no waste or building sewer from a plumbing fixture is connected shall have the
				liquid waste pumped there from and properly disposed. The bottom of the unit
				shall be opened or ruptured, or the entire unit collapsed so as to prevent the
				unit from retaining water. The unit shall be completely filled with earth,
				sand, gravel, concrete or other approved material.
C. The top cover or arch over the cesspool,
				holding tank, septic tank, seepage pit or other liquid waste treatment unit
				shall be removed or collapsed before filling and the filling shall not extend
				above the top of the vertical portions of the sidewalls or above the level of
				any outlet pipe until inspection or authorization by the department. After such
				inspection or authorization, the cesspool, holding tank, septic tank, seepage
				pit or other liquid waste treatment unit shall be filled to the level of the
				top of the ground.
D. Where on-site
				treatment systems are abandoned consequent to connecting any premises with a
				public sewer, the permittee making the connection shall fill all abandoned
				treatment units as required by the department within 30 days from the time of
				connection.
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 7 - WASTEWATER AND WATER SUPPLY FACILITIES › Part 3 - LIQUID WASTE DISPOSAL AND TREATMENT › Section 20.7.3.401 - PERMITTING; GENERAL REQUIREMENTS

Current through Register Vol. 35, No. 13, July 16, 2024
A. No person shall install or have installed
				a new on-site liquid waste system or modify or have modified an existing
				on-site liquid waste system, unless that person obtains a permit issued by the
				department, including payment of the permit fee, prior to construction of such
				installation or modification. Failure to obtain the required permit may result
				in the initiation of enforcement actions by the department.
B. No person shall construct or modify a
				residential or commercial unit on, or transport a residential or commercial
				unit onto, a lot for which an on-site liquid waste system is required unless
				the department has issued an on-site liquid waste system permit prior to such
				construction, modification or transportation.
C. No person shall construct, install or
				modify an on-site liquid waste system unless that person holds a valid and
				appropriate classification of contractor's license issued by the New Mexico
				construction industries division, except that a qualified homeowner may install
				or modify permitted septic tanks and conventional trench or bed disposal
				fields. Obtaining a permit from the department for the installation or
				modification of an on-site liquid waste system does not relieve any person from
				the responsibility of obtaining any other approval, license or permit required
				by state, city or county regulations or ordinances or other requirements of
				state or federal laws.
D. A permit
				is not required for graywater discharges or for systems designed for the
				discharge of graywater that meet the requirements of 20.7.3.810 NMAC.
E. An applicant seeking a permit shall do so
				by submitting an application to the field office of the department having
				jurisdiction for the area where the system is to be installed or modified. The
				application shall be:
(1) made on a form
				provided by the department;
(2)
				accompanied by the recorded deed or other recorded description and such other
				relevant information as the department may reasonably require to establish lot
				size, boundaries, date of record and ownership; and
(3) signed by the applicant or their
				authorized representative.
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 7 - WASTEWATER AND WATER SUPPLY FACILITIES › Part 3 - LIQUID WASTE DISPOSAL AND TREATMENT › Section 20.7.3.402 - PERMITTING; CONVENTIONAL TREATMENT AND DISPOSAL SYSTEMS

Current through Register Vol. 35, No. 13, July 16, 2024
A. For liquid waste systems utilizing
				conventional treatment and conventional disposal, the department shall require
				the following information to be included with the application.
(1) A detailed site plan, completely
				dimensioned, showing direction and approximate slope of surface; location of
				all present or proposed retaining walls; arroyos, canals, irrigation or
				drainage channels; water supply lines, wells or other water sources; other
				on-site liquid waste systems; paved areas, roadways and structures; location of
				the proposed liquid waste system with relation to lot lines and structures; and
				to all sources of water supply located within 200 feet.
(2) Sufficient details of construction,
				materials and components necessary to assure compliance with the requirements
				of 20.7.3 NMAC.
(3) A set of floor
				plans or verification of the total flow for the structure(s) served by the
				liquid waste system.
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 7 - WASTEWATER AND WATER SUPPLY FACILITIES › Part 3 - LIQUID WASTE DISPOSAL AND TREATMENT › Section 20.7.3.403 - PERMITTING; ADVANCED TREATMENT OR ALTERNATIVE DISPOSAL

Current through Register Vol. 35, No. 13, July 16, 2024
A. An application for a permit proposing
				advanced treatment (with conventional or alternative disposal) or alternative
				disposal (with conventional treatment) may be submitted.
B. Applications shall include the information
				required for a conventional treatment or disposal system, and:
(1) for applications proposing advanced
				treatment with either conventional or alternative disposal:
(a) the applicant shall demonstrate that the
				system has been approved by the department and shall include operation and
				maintenance information, monitoring plans and maintenance agreements;
(b) the applicant must demonstrate the
				applicability and effectiveness of the technology on the site where it is to be
				used;
(c) a copy of all signed
				maintenance and sampling contracts shall be attached to the application; the
				effective date of the maintenance and sampling contracts shall be the day of
				final permit approval;
(d) the
				property owner shall have maintenance and sampling contracts in effect for the
				duration of the permit; and
(e) the
				property owner shall provide to the department copies of all maintenance and
				sampling contracts within 30 days of contract issuance or renewal;
				and
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 7 - WASTEWATER AND WATER SUPPLY FACILITIES › Part 3 - LIQUID WASTE DISPOSAL AND TREATMENT › Section 20.7.3.404 - PERMITTING; HAVING RECEIVED EXPERIMENTAL OR CONDITIONAL APPROVAL

Current through Register Vol. 35, No. 13, July 16, 2024
A. The department
				may issue a permit, on an individual basis, for the installation of an on-site
				liquid waste system that has received experimental or conditional approval. The
				permit applicant must demonstrate that the proposed system, by itself or in
				combination with other on-site liquid waste systems, will neither cause a
				hazard to public health nor degrade a body of water and that the proposed
				system will provide a level of treatment at least as effective as that provided
				by on-site liquid waste systems, except privies and holding tanks, that meet
				the requirements of 20.7.3 NMAC.
B.
				Prior to the approval of a permit for an on-site liquid waste system that has
				received experimental or conditional approval, the system shall be reviewed by
				the wastewater technical advisory committee pursuant to 20.7.3.905
				NMAC.
C. A field demonstration,
				which meets the following requirements, shall be required for a system proposed
				for experimental approval.
(1) Conditions for
				installation, operation, maintenance and monitoring at the proposed
				demonstration site shall be reviewed and approved by the department. Systems
				with experimental approval may only be installed on lots where a conventional
				system would be allowed.
(2)
				On-site testing and evaluation, as required by the department and paid for by
				the permit applicant, shall be performed for a period recommended by the
				wastewater technical advisory committee and adopted by the department. The
				results of the evaluation period shall be forwarded to the wastewater technical
				advisory committee for review and further action.
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 7 - WASTEWATER AND WATER SUPPLY FACILITIES › Part 3 - LIQUID WASTE DISPOSAL AND TREATMENT › Section 20.7.3.405 - PERMITTING; VARIANCES

Current through Register Vol. 35, No. 13, July 16, 2024
A. Any
				person seeking a variance from the requirements contained in 20.7.3 NMAC shall
				do so by filing a written petition with the field office of the department
				having jurisdiction for the area where the system is to be installed.
B. The petition shall be made on a form
				provided by the department, signed by the petitioner or an authorized
				representative and accompanied by relevant documents or materials that supports
				the petitioner's request for a variance. The petitioner shall give notice to
				all landowners sharing a common boundary and within 100 feet when sharing a
				common right-of-way. If no property boundary is within 1000 feet of the system,
				notification is not required, except as otherwise provided in this part. In
				addition, all parties sharing a private or public water supply source located
				on the lot where the variance is proposed shall be notified. Said notice shall
				include the nature of the variance petition, the date of submission of the
				petition to the department, the address of the department field office to which
				the petition is being submitted and the time frame for department action as
				provided in Subsection D of 20.7.3.405 NMAC below.
C. Upon review of the petition, the
				department may require the submittal of other relevant information to provide
				reasonable assurance that the conditions set forth in Paragraphs (1) and (2) of
				Subsection E of 20.7.3.405 NMAC are met.
D. The department shall, after a minimum of
				10 but not more than 20 working days following receipt of the completed
				petition, grant the variance, grant the variance subject to conditions or deny
				the variance and shall so notify the applicant and any other person making a
				written submission concerning the petition. The reason for the department's
				action shall be provided in writing and the appropriate regulations
				cited.
E. The department shall deny
				the variance petition unless the petitioner establishes by clear and convincing
				evidence that:
(1) the proposed on-site
				liquid waste system will, by itself or in combination with other on-site liquid
				waste systems or other discharges subject to 20.6.2.3000 through 20.6.2.3114
				NMAC, neither cause a hazard to public health or degrade any body of water;
				and
(2) granting the variance will
				result in public health and environmental protection equal to or greater than
				the minimum protection provided by the varied requirement.
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 7 - WASTEWATER AND WATER SUPPLY FACILITIES › Part 3 - LIQUID WASTE DISPOSAL AND TREATMENT › Section 20.7.3.501 - DESIGN; LIQUID WASTE TREATMENT UNITS; GENERAL

Current through Register Vol. 35, No. 13, July 16, 2024
A. Plans for treatment units that have not
				been previously approved by the department, including septic tanks, shall be
				submitted to the department for approval and certification. Such plans shall
				show all dimensions, reinforcement, structural calculations and such other
				pertinent data as may be required by the department. Plans for advanced
				treatment units shall be submitted to the department for review by the
				wastewater technical advisory committee pursuant to 20.7.3.905 NMAC. Plans for
				advanced treatment units that have not been previously approved by the
				department shall meet the requirements set forth by the wastewater technical
				advisory committee. All plans shall be stamped by a professional engineer.
(1) Septic tanks shall be recertified on an
				annual basis. A recertification fee is required pursuant to 20.7.11.9 NMAC.
				Failure to recertify shall result in the suspension of department
				approval.
(2) Failure of the
				manufacturer of an advanced treatment unit to comply with the conditions of
				approval by the department shall result in non-approval or suspension of
				department approval for the advanced treatment unit.
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 7 - WASTEWATER AND WATER SUPPLY FACILITIES › Part 3 - LIQUID WASTE DISPOSAL AND TREATMENT › Section 20.7.3.502 - DESIGN; CONVENTIONAL TREATMENT UNITS; CONSTRUCTION STANDARDS

Current through Register Vol. 35, No. 13, July 16, 2024
A. All conventional
				treatment units, regardless of material or method of construction and unless
				otherwise specified in this part, shall be designed to produce a clarified
				effluent and shall provide adequate space for sludge and scum accumulations
				based on a minimum hydraulic retention time of 24 hours at maximum sludge depth
				and scum accumulation.
B. Septic
				tanks shall have a minimum of two compartments. The inlet compartment of a
				septic tank shall be 2/3 of the total liquid capacity of the tank, but not less
				than 500 gallons liquid capacity, and shall be at least three feet in width and
				five feet in length. Liquid depth shall be not less than two feet and six
				inches nor more than six feet. The second compartment of a septic tank shall
				have a liquid capacity of 1/3 of the total capacity of such tank. In septic
				tanks having over ,1500 gallons capacity, the second compartment may not be
				less than three feet in length.
C.
				Multiple tanks installed in series may be allowed with department approval
				provided the total tank volume is at least 2.5 times the system design flow.
				Minimum tank sizes are as follows:
(1) for
				flows up to 1,000 gpd, the capacity of each tank must be at a minimum 900
				gallons; and
(2) for flows between
				1,000 and 5,000 gpd, the capacity of each tank must be a minimum of 1,200
				gallons.
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 7 - WASTEWATER AND WATER SUPPLY FACILITIES › Part 3 - LIQUID WASTE DISPOSAL AND TREATMENT › Section 20.7.3.503 - DESIGN; PUMP STATIONS AND EQUIPMENT

Current through Register Vol. 35, No. 13, July 16, 2024
A. Pump stations or pump chambers shall be
				watertight and shall be constructed of concrete, plastic, fiberglass or other
				approved material. Tanks and chambers shall be designed and constructed so as
				to serve their intended purpose, meet appropriate material and structural
				requirements equal to those required of septic tanks as described in 20.7.3.501
				NMAC, and appropriately coated to resist corrosion with the exception of
				concrete tanks constructed of type V concrete. Tanks are subject to water
				tightness testing at the department's discretion.
B. All valves, motors, pumps, aerators and
				other mechanical or electrical devices shall be located where they will be
				accessible for inspection and repair at all times without requiring entry into
				the tank and protected with a locking removable cover on an access port of at
				least 20 inches in minimum dimension. Concrete tanks and chambers may have
				covers of at least 58 pounds in place of a cover and locking
				mechanism.
C. Pump stations or pump
				chambers shall be equipped with both audible and visible alarms, or remote and
				visual alarms, for high water and pump failure. All alarm and control circuits
				shall be on a separate circuit from pumps and shall be contained in
				weather-proof control boxes or located inside a building or other weather-proof
				structure. Alarms shall be placed in a conspicuous location approved by the
				department.
D. Pumps and equipment
				shall be designed to pump sewage, septic effluent or treated wastewater as
				appropriate, to prevent freezing and prevent siphoning of the dispersal area
				back to the tank and shall be sized to serve their intended purpose.