New Mexico Administrative Code

December 31, 2030.

As provided in the Water Quality Act, Subsection P of Section 74-6-4 NMSA 1978, and the Produced Water Act, Subsection B of Section 70-13-3 NMSA 1978, the following provisions apply to the discharge of produced water for activities unrelated to the exploration, drilling, producti…

July 12, 2025, unless a later date is indicated in the history note at the end of a section.

The objective of 20.6.8 NMAC is to supplement the general requirements of 20.6.2.1200 through 20.6.2.2201 NMAC and 20.6.4.8 through 20.6.4.900 NMAC, and the general groundwater permitting requirements of 20.6.2.3000 through 20.6.2.3114 NMAC to control the discharges of water cont…

The following terms as used in this part shall have the following meanings: terms defined in the Water Quality Act, but not defined in this part, shall have the meaning given in the act. A. Terms beginning with numerals or the letter "A," and abbreviations for units. [RESERVED] B…

Environmental Improvement Board.

A. Except as otherwise provided in this section, the regulations of the USEPA set forth at 40 CFR Part 141 as amended from time to time, are hereby incorporated by reference into this part. B. The term "state" means the New Mexico environment department when used in 40 CFR Part 1…

A. Except as otherwise provided, the regulations of the USEPA set forth at 40 CFR Part 143 as amended from time to time, are hereby incorporated by reference into this part. B. The term "state" means the New Mexico environment department when used in 40 CFR Part 143, in lieu of t…

A. Recommended standards for water works ("10 States Standards"), Great Lakes-Upper Mississippi River Board of State and Provincial Public Health and Environmental Managers, P.O. Box 7126, Albany, New York 12224. B. Devices listed in the American society of sanitary engineering s…

Regulations, materials incorporated by reference into this part and guidance documents are available for inspection at the New Mexico Environment Department Drinking Water Bureau, 525 Camino de Los Marquez, Suite 4, Santa Fe, New Mexico 87501.

The current editions of the following materials, including all future editions and amendments form a part of this rule to the extent referenced. A. Disinfecting water mains, AWWA standard, (ANSI/AWWA C651), American Water Works Association, 6666 West Quincy Avenue, Denver, Colora…

All persons who own or operate a public water system or for sections 200 and 201, any persons constructing a public water system project. This part shall apply to each public water system, unless the public water system meets all of the following conditions: (a) it consists of on…

A. Any person undertaking a public water system project shall submit an application to the department and shall not use the new or modified facility to produce, treat, store or distribute water for human consumption until the department has approved the application in writing exc…

A. Any person proposing to undertake a public water system project for which an application is required under Section 200 of this part shall complete, sign and submit an application to the department as described in this section. B. The application shall be made on forms furnishe…

A. This section applies to each water hauler that is not owned or operated by a public water system. This section does not apply to the transport of bottled water regulated pursuant to 21 CFR Part 165. B. Any person proposing to commence a water hauling operation for human consum…

NMSA 1978, Sections 74-1-6, 74-1-8, 74-1-10, 74-1-13 and 74-1-13.1.

A. No public water system shall supply drinking water to the public unless the system is operated and maintained in compliance with this part. B. Powers of the secretary. (1) The secretary may take any action necessary to protect the health of persons who are or may be served by …

Permanent.

A. Protection of public water systems during maintenance or replacement of electrical or mechanical equipment. The owner or operator of a public water system shall prevent contamination of the water in the system while undergoing maintenance or replacement of electrical or mechan…

A. This section applies to each water hauler. B. A water hauler subject to this section shall obtain for delivery disinfected water only from public water systems that are part of the department safe drinking water information system (SDWIS) inventory and do not pose an acute hea…

December 4, 2002, except where a later effective date is indicated in the history note at the end of a section.

A. Pursuant to NMSA 1978, 74-1-13.1, the department shall test non-transient non-community water systems for arsenic, fluoride and radionuclides. The reporting and public notification requirements for non-transient non-community water systems for these contaminants shall be ident…

The department may take any action it deems necessary to validate the results of a sample taken pursuant to this part. Data that the department determines to be invalid shall not be used to determine compliance with this part.

Nothing in this part shall be construed to preclude the department from taking samples or from using the results from such samples to determine compliance with this part or in an enforcement proceeding for violation of this part.

A. The secretary may, upon the presentation of proper credentials and after receiving consent from the supplier of water, enter at reasonable times upon or through the premises of any public water system to conduct a sanitary survey, inspection or investigation and during such su…

In addition to complying with any other reporting requirements in 40 CFR Part 141, operators of public water systems shall submit the following reports electronically on forms furnished by the department, if applicable: A. monthly operating reports required of 40 CFR 141 Subpart …

The objective of Part 10 of Chapter 7 is to establish regulations for public water systems.

A. Non-transient non-community water systems that exceed the MCL for arsenic or radionuclides set forth at 40 CFR sections 141.11, 141.62 and 141.66 or exceed one-half the MCL for fluoride set forth at 40 CFR section 141.62 shall comply with the public notification requirements s…

In addition to any other terms defined in 40 CFR Parts 141 and 143, the following terms, as used in this part shall have the following meanings. A. "Definitions that begin with the letter "A." "Appurtenance"or "Appurtenances" means machinery, appliances, structures and other part…

The provisions of this part shall be severable, and if any section, subsection, paragraph, subparagraph, sentence, clause, subclause or item of this part, or the applicability thereof to any person or circumstance, shall be adjudged by any court of competent jurisdiction to be in…

Repeal of 20 NMAC 7.10 shall not affect any administrative or judicial enforcement action pending on the effective date of this part.

This part shall be liberally construed to effectuate the purpose of the state act.

Compliance with this part does not relieve a person from the obligation to comply with other applicable state and federal regulations.

If any federal standard or regulation incorporated by reference in this part is stayed, invalidated or otherwise rendered unenforceable, in whole or in part, by action of a federal court or USEPA, such incorporated federal standard or regulation shall be enforceable by the depart…

The submittal to the department of any application, notification, or other information required in this part shall be accomplished by submitting the required documents to the drinking water bureau within the department, unless otherwise specified.

A. Owners or operators of community water systems shall document, and make available to the department upon request, a determination of the population served by the water system. The residential portion of the population shall be calculated by multiplying the number of service co…

Environmental Improvement Board.

Effective July 1, 2021, the annual fee for registration of a septage pumping truck is $30.00.

The fee for filing a property transfer report is $50.00.

The annual fee for the certification/re-certification of septic tank designs as required in 20.7.3 NMAC is $150.00.

If a site inspection results in an issuance of a notice of non-approval, a fee of $125.00 shall be assessed for the re-inspection of the system. The re-inspection fee shall be remitted to the department prior to a subsequent inspection being conducted.

If a property owner requests that the department conduct an unpermitted system inspection, the fee is $250.00.

If a variance is requested as provided for in 20.7.3 NMAC, a fee of $100.00 for small systems and $250.00 for large systems shall be submitted upon issuance of the variance in addition to the permit fee required in 20.7.11.8 NMAC above.

A. The department shall not issue a permit, variance or tank design certification until payment is received by the department. The fees required in this part are non-refundable. B. All fees shall be remitted to the department, payable to the environment department liquid waste fu…