New Mexico Administrative Code

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 Environment Department.

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

The process for conducting an environmental review of wastewater facility construction projects includes the following steps. A. Consultation. The applicant is encouraged to consult with NMED early in project formulation or the facilities planning stage to determine whether a pro…

The responsible official shall initiate the environmental review process early to identify environmental effects, avoid delays, and resolve conflicts. The environmental review process should be integrated throughout the preliminary engineering process. Potential applicants should…

Pertinent laws, regulations, or executive orders should be included in a coordinated environmental review effort as outlined in the NMED Construction Programs Bureau State Environmental Review Process (SERP), EPA' general terms and conditions of the grant, and the EPA CWSRF guida…

NMED shall review the completed preliminary engineering reports (PER) and EID in the development of alternatives and the selection of a preferred alternative. An adequate EID shall be an integral part of planning submitted to NMED. The EID shall be of sufficient scope to enable t…

The environmental assessment process shall cover all potentially significant environmental impacts. NMED personnel shall assess environmental impacts before PER approval. The EID shall address all elements in 40 CFR Part 6 and follow the SERP. In minimizing the adverse effects of…

The responsible official shall apply the criteria under Section 19 of 20.7.7 NMAC to the following: A. A complete PER; B. The EID; and C. Other documentation deemed necessary by the responsible official adequate to make an EIS determination by NMED. Following an independent envir…

A. Purpose. Under certain circumstances, the building of a component/portion of a wastewater treatment system may be justified in advance of completing all environmental review requirements for the remainder of the system(s). When there are overriding considerations of cost or im…

A. Criteria for producing and distributing a FONSI. If, after completion of the EA, NMED determines that an EIS will not be required, the responsible official shall issue a FONSI. The FONSI will be based on NMED independent review of the EID and any other environmental informatio…

Conditions requiring an EIS. The responsible official shall assure that an EIS will be prepared and issued when it is determined that the proposed project will cause any of the following conditions to exist, or when: A. The proposed action would result in a discharge of treated e…

These procedures apply to all construction or planning/design projects funded in-part from the Wastewater Facilities Construction Loan Fund which is derived from the federal capitalization grant except as provided in Section 11 of 20.7.7 NMAC.

A. Steps in preparing the EIS. In addition to the other requirements specified in this procedure, the responsible official will conduct the following activities: (1) Notice of intent. If a determination is made that an EIS will be required, the responsible official shall prepare …

Preparers of EIS must conform with the requirements of 40 CFR, Part 1502, in writing the EIS. The format used for the EIS shall encourage good analysis and clear presentation of alternatives, including the proposed action, and their environmental, economic, and social impacts. Th…

A. General. The responsible official shall ensure adequate monitoring of mitigation measures and other loan conditions identified in the FONSI or ROD. B. Enforcement. If the applicant fails to comply with loan conditions, the responsible official may consider applying the sanctio…

A. NMED shall make diligent efforts to involve the public in the environmental review process consistent with program regulations and State Clearinghouse for Intergovernmental Review policies on public participation. The responsible official shall ensure that public notice is pro…

Department of Environment Act, Subsection D of Section 9-7A-6 NMSA 1978; Wastewater Facility Construction Loan Act, Sections 74-6A-1 to 15 NMSA 1978; and Water Quality Act, NMSA 1978, Sections 74-6-1 to 17.

Permanent.

March 10, 2020. This Part amends and replaces the Environmental Review Procedures for Projects Funded Through the Wastewater Facility Construction Loan Program, HED 88-3 (EID), filed September 22, 1988, as amended. A. All references to HED 88-3 (EID) or to the Review Procedures f…

This Part establishes the New Mexico Environment Department's policy and procedures for the identification and analysis of the environmental impacts of construction of wastewater facilities funded in-part through loans from the Wastewater Facility Construction Loan Fund (which is…

All terminology used in this Part will be consistent with the terms as defined in 40 CFR Part 1508 (the CEQ Regulations) except as provided in this Part. A. "Applicant" means any state agency or other qualified borrower, which has filed an application for loan assistance from the…

A. On June 10, 2014, the President signed into law the Water Resources Reform and Development Act of 2014. The U.S. Environmental Protection Agency (EPA) issued on September 18, 2014, Interpretive Guidance for Certain Amendments in the Water Resources Reform and Development Act t…

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.

Water Quality Control Commission.

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.

This Part applies to local authorities seeking financial assistance to alleviate unsanitary wastewater conditions in the border area colonias in New Mexico.

A. Formula: The basic formula is: priority rating number = S (P) + Q + W B. Factors: The formula factors S, P, Q and W are: (1) S = severity of pollution or public health factor; (2) P= population factor; (3) Q = water quality preservation factor; (4) W = absence or presence of c…

Water Quality Act, NMSA 1978, 74-6-4.A.

Permanent.

November 30, 1995. This Part amends and replaces the Priority Rating System for Colonias Wastewater Construction Projects, WQCC 93-1, filed January 29, 1993, as amended. A. All references to WQCC 93-1, or to the Priority Rating System for Colonias Wastewater Construction Projects…

The objective of this Part is to establish a rating system to provide financial assistance to local authorities for wastewater projects in colonias.

"Total nitrogen" means the sum of nitrate nitrogen, nitrite nitrogen, organic nitrogen, and total ammonia nitrogen.

New Mexico Environment Department.

This Part shall be liberally construed to effectuate the purposes of the Act. If any provision or application of this Part [20.7.9 NMAC] is held invalid, the remainder, or its application to other situations or persons, shall not be affected.

Compliance with this Part [20.7.9 NMAC] does not relieve a person from the obligation to comply with other applicable state and federal regulations.

A. Grants from the program may be offered for up to 100% of the total eligible project costs under state and federal statutes and regulations, subject to availability of grant monies. Two types of grants are available: planning grants and design/construction grants. (1) Planning …

This Part applies to local authorities seeking financial assistance to alleviate unsanitary wastewater conditions in the border area colonias in New Mexico.

A. Application: (1) Applicants for a grant shall submit a complete application to the NMED on a form specified by the NMED. Applications may be submitted at any time; although, generally an annual funding cycle is followed. (2) The NMED shall review the applications for eligibili…

Water Quality Act, NMSA 1978, 74-6-4.

A. Preplanning Conference: At NMED or the applicant's request, a preplanning conference will be scheduled. The applicant's representatives and possibly the applicant's consulting engineer will meet with the NMED project engineers to discuss the project. Items that may be discusse…

Permanent.

A. Interim Payments: (1) For satisfactory performance of all work and services required to be performed under the terms of the grant agreement, NMED shall reimburse the Grantee its actual costs incurred. The Grantee may submit requests for reimbursement as often as every month. N…

November 30, 1995. This Part amends and replaces the Colonias Wastewater Construction Grant Program Policies and Procedures, NMED 93-1, filed January 29, 1993, as amended. A. All references to NMED 93-1, or to the Colonias Wastewater Construction Grant Program Policies and Proced…

A. Planning Guidelines: (1) Facilities planning consists of those necessary plans and studies that directly relate to the collection system and treatment works needed to comply with the Federal Clean Water Act and New Mexico Water Quality Act. Facilities planning will substantiat…

The objective of this Part is to establish policies to administer the Colonias Wastewater Construction Grant Program including compliance with Federal "cross-cutting authorities such as the National Environmental Policy Act, Davis-Bacon Act, etc. The New Mexico legislature create…