New Mexico Administrative Code

All persons required under 20.7.3 NMAC to obtain a: A. Permit; B. Modification to a permit; C. Registration; D. Septage pump truck registration; E. Certificate of qualification for: (1) Homeowner certification, (2) Third-party evaluator certification, (3) Maintenance service prov…

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

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

If any provision or application of this part is held invalid, the remainder shall not be affected.

Environmental Improvement Act, Section 74-1-1 through 74-1-10 NMSA 1978.

Permanent.

July 1, 2020, unless a later date is cited at the end of a section.

The objective of this rule is to provide for liquid waste treatment and disposal fees for the administration of the state liquid waste regulations. The purpose of the state liquid waste treatment and disposal program is to protect the health and welfare of present and future citi…

A. Unless otherwise defined in this part, the words and phrases used in this part have the same meanings as in 20.7.3.7 NMAC, Liquid Waste Disposal. B. As used in this part: (1) "advanced treatment" means any process of wastewater treatment that removes a greater amount of contam…

Payment of permit fees are due prior to the issuance of a permit meeting all the requirements of 20.7.3 NMAC. A. Fees for permits to register, construct, or modify a conventional system of a specified design flow. The fee for a system designed for: (1) zero gpd up to 1,000 gpd is…

If a qualification certificate is requested as provided for in 20.7.3.904 NMAC, a fee as indicated in subsections A through F of this section shall be submitted upon issuance of the qualification certificate in addition to any associated permit fee required in 20.7.11 NMAC. The f…

Department of Environment.

All persons applying for financial assistance under the Rural Infrastructure Act, Chapter 75, Article 1 NMSA 1978.

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 t…

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, …

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 n…

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 b…

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 l…

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…

NMSA 1978, Section 75-1-3, and NMSA 1978, Section 9-7A-6 D.

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 th…

Permanent.

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.

This Part shall be construed so as to effectuate the purpose of the RIA.

Repeal of 20 NMAC 7.2 shall not affect any action pending under those provisions on the effective date of this Part.

October 31, 2001. Unless a later date is cited at the end of a section.

A. To provide financial assistance to local authorities for the construction or modification of water supply, wastewater, and solid waste facilities. B. To provide guidelines for the department's ranking of water supply, wastewater and solid waste facility construction projects s…

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 co…

New Mexico Environmental Improvement Board.

20.7.3 NMAC shall be liberally construed to carry out its purpose.

All registration certificates, permits, orders, rulings and variances issued pursuant to the regulations in effect at the time such registration certificates, permits, orders, rulings, or variances were issued shall remain in full force and effect until repealed, replaced, supers…

If any provision or application of 20.7.3 NMAC is held invalid, the reminder, or its application to other situations or persons, shall not be affected.

Any reference to the liquid waste treatment and disposal regulations in any other rule shall be construed as a reference to 20.7.3 NMAC.

Repeal or supersession of prior versions of the liquid waste disposal regulations shall not affect any administrative or judicial action for the enforcement thereof.

Compliance with 20.7.3 NMAC does not relieve any person from the responsibility of meeting more stringent city or county regulations or ordinances or other requirements of state or federal laws governing the treatment or disposal of liquid waste.

The existence of a valid permit for installation or modification of an on-site liquid waste system shall not constitute a defense to a violation of any section of 20.7.3 NMAC except the requirement for obtaining a permit (20.7.3.401-404 NMAC).

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 discha…

A. Every owner shall be responsible for the storing, treating and disposing of liquid waste generated on that property. Every owner shall be responsible for ensuring that the liquid waste system on that property and any excavation related to the liquid waste system do not pose a …

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 not…

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…

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).

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 u…

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 Tr…

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, …

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 N…

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 tr…

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 a…