New Mexico Administrative Code

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 app…

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, W…

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 de…

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 a…

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…

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 r…

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 registe…

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 …

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 com…

Utility Operators Certification Act, NMSA 1978, Sections 61-33-1 to 10.

Permanent.

January 26, 2001, unless a later date is indicated in the history note at the end of a section.

The objective of this part is to implement the act.

All terms used in this part shall have the following meanings: A. "act" means the Utility Operators Certification Act, NMSA 1978, Sections 61-33-1 to 10; B. "board" means the utility operators certification advisory board; C. "certified operator" means a person who is certified b…

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.

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

Water Quality Control Commission.

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) mee…

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 proj…

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 depart…

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 pu…

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 an…

This part applies to financial assistance and actions pursuant to the Wastewater Facility Construction Loan Act.

Wastewater Facility Construction Loan Act, Sections 74-6A-1 to 15 NMSA 1978, as amended.

Permanent.

December 16, 2015, unless a later date is cited at the end of a section.

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 pro…

as used in this part. A. "Act" means the Wastewater Facility Construction Loan Act. B. "Administrative fee" means a fee assessed and collected by the department from the qualified borrower on each loan and expressed as a percentage per year on the outstanding principal amount of …

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.

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

New Mexico Environment Department.

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

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. …

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…

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 consideri…

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, proce…

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 …

A. Facilities planning consists of those necessary plans and studies that directly relate to treatment works or other eligible projects needed to comply with enforceable requirements of the Federal Clean Water Act and New Mexico Water Quality Act. Facilities planning will substan…

A. For satisfactory performance of all work and services required to be performed under the terms of the interim loan agreement, NMED shall reimburse the borrower its actual costs incurred. The borrower may submit requests for reimbursement as often as every month. NMED shall dis…

Upon completion of the project, final payment shall be made after final inspection has been conducted and the following have been provided, reviewed, and approved by NMED: A. The borrower's certified request for payment prepared by the engineer and approved by the borrower. B. A …

Before beginning the design of the project, the following requirements must be completed and submitted by the borrower to NMED and approved by NMED: A. Engineering report/facilities plan, which will include: (1) When real property is to be acquired as part of the project and with…

These policies, procedures and guidelines apply to all construction projects funded in-part from funds within the wastewater facilities construction loan fund.

A. All plans and specifications and related addenda for the project must be submitted to NMED for review and approval before the project is advertised for sealed construction bids. B. All work relating to easements, rights of way, other property rights, and financing provisions s…

Upon completion of the planning/design or construction project and after final disbursement of principal to the borrower: A. NMED and borrower shall execute a final loan agreement which details the final loan amount plus accrued interest and administrative fees due to the date of…

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.

Permanent.

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. Th…