N.M. Code R. § 20.7.10.201

Current through Register Vol. 35, No. 11, June 11, 2024

Section 20.7.10.201 - APPLICATIONS FOR PUBLIC WATER SYSTEM PROJECT APPROVAL

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 furnished by the department. Applications for projects that require department approval shall include:

(1) one set of complete plans and specifications for the project; the plans and specifications must be prepared under the direct supervision of and sealed by a registered professional engineer;

(2) an engineering design summary which shall include engineering information that sets forth the basis of the project design;

(3) a plan to disinfect the system and sample for the presence of bacterial contamination following completion of the project and prior to providing water to the public; the criteria used by the department to review the adequacy of the plan shall include the current standards of the American water works association for disinfecting water mains, wells, water-storage facilities and water treatment plants; and

(4) any other relevant information requested by the department in order to determine compliance with this part.

C. For a project involving the construction of a new public water system or conversion of an existing water system to a public water system, an applicant proposing to undertake a public water system project shall submit, in addition to the materials set forth in Subsection B of this section documents demonstrating that the public water system has sufficient technical, managerial and financial capacity, such as a certified operator, testing equipment required to meet regulatory treatment techniques, ownership accountability, staffing and organization, revenue sufficiency, and credit worthiness and fiscal management.

D. For a project involving a storage facility or distribution facility, the applicant shall submit an application to the department no less than 30 days prior to advertising the public water system project for bid; or if the project is not advertised for bid prior to commencement of construction. In addition to the materials set forth in Subsection B and Subsection C of this section the application shall include:

(1) a description of an adequate foundation for each storage facility; and

(2) plans and specifications showing hydrants or blow-offs to provide for complete flushing or cleaning of the newly constructed facility if existing flushing appurtenances are insufficient.

E. For a project that involves construction of a new water source or conversion of an existing non-public source to a public source, in addition to the materials set forth in Subsection B and Subsection C, of this section the application shall include:

(1) the appropriate state engineer office permit;

(2) analytical results for regulated contaminants and secondary contaminants sampling prior to commencement of construction; this section requires sampling for those regulated contaminants and secondary contaminants that are monitored at the source or at the entry point(s).

F. For a project involving a ground water source that is not under the direct influence of surface water, the applicant shall submit an application to the department no less than 30 days: prior to advertising the public water system project for bid; or if the project is not advertised for bid prior to commencement of construction.

(1) In addition to the requirements in Subsection E of this section, a project involving a new ground water source that is not under the direct influence of surface water must include an inventory of existing and planned facilities and land uses that are actual or potential sources of contaminants of concern located within 1,000 feet of a water source.

(2) At a minimum, potential sources of contamination and land uses in Appendix K of the NMED source water assessment and protection program report of a New Mexico water utility, July 2004 (template for ground water) must be considered.

G. For a project involving a 40 CFR Part 141 Subpart H source, including an existing non-public surface water source or a non-public ground water under the direct influence of surface water source that is converted to a public 40 CFR Part 141 Subpart H source, the applicant shall submit:

(1) an application to the department no less than 60 days: prior to advertising the public water system project for bid; or if the project is not advertised for bid prior to commencement of construction; and

(2) an inventory of existing and planned facilities and land uses that are actual or potential sources of contaminants of concern, located within the delineation specified in source water assessment and protection program report of a New Mexico water utility, February 2004 (template for surface water) New Mexico environment department, drinking water bureau.

H. For a project using a best available technology identified in 40 CFR Part 141 for treatment of chemical, radiological or microbiological contaminants, except for Cryptosporidium, the application shall be submitted to the department no less than 45 days; prior to advertising the public water system project for bid; or if the project is not advertised for bid prior to commencement of construction. Treatment using a point-of-entry treatment device (POE) or a point-of-use treatment device (POU) will be considered only for treatment of chemical contaminants, except nitrate, nitrite and chlorine dioxide, within systems serving not more than 100 service connections.

I. For a project involving treatment of Cryptosporidium or a project involving treatment of chemical, radiological or microbiological contaminants that uses a technology other than those identified in 40 CFR 141 as a best available technology, the applicant shall submit an application to the department no less than 120 days: prior to advertising the public water system project for bid; or, prior to commencement of construction. The application shall include a performance demonstration. A pilot study submitted as a performance demonstration shall have been conducted by a field testing organization in accordance with Subsection J of this section.

(1) The following requirements apply to each surface water project involving treatment for Cryptosporidium:

(a) The application shall include a test protocol to demonstrate the performance of Cryptosporidium treatment meeting the requirements of the Long Term 2 Enhanced Surface Water Treatment rule, 40 CFR Part 141 Section 715 (microbial toolbox options for meeting Cryptosporidium treatment requirements).

(b) For a project involving treatment of Cryptosporidium using bag filters or cartridge filters or membrane filtration, the application shall also include a challenge test demonstrating performance, pursuant to 40 CFR Section 141.719(a)(2) through (a)(10) or (b)(2) as applicable.

(c) For a project involving treatment of Cryptosporidium using membrane filtration, pursuant to 40 CFR Section 141.719(b)(3), the application shall include documentation of the log removal that can be verified by a direct integrity test in addition to the challenge required in Paragraph (2) of Subsection I of Section 201 of this part.

(d) If the project will be conducted by a public water system that serves at least 10,000 people:

(i) turbidity shall be measured;

(ii) a surface water microscopic particulate analysis (MPA) shall be conducted; and

(iii) removal efficiencies for E. coli (analyzed by an enumeration method) and Cryptosporidium shall be determined; and

(iv) plant detention time shall be factored into the sample collection.

(e) If the project will be conducted by a public water system that serves fewer than 10,000 people:

(i) removal efficiencies for E. coli shall be determined (E. coli shall be analyzed by an enumeration method); and

(ii) plant detention time shall be factored into the sample collection.

(2) For all contaminants other than Cryptosporidium, the application shall include a test protocol developed by the "USEPA environmental technology verification program" for demonstrating treatment performance of chemical, radiological or microbiological contaminants. The department will also consider other test protocols.

J. A pilot study submitted pursuant to Subsection I of Section 201 of this part must be or must have been conducted by a field testing organization or person with the following qualifications:

(1) a registered professional engineer with experience in conducting drinking water pilot studies who will oversee field testing operations; or

(2) experience in conducting drinking water pilot studies for a state or an organization conforming to the requirements of that state; or

(3) experience in preparing and executing a project-specific QA/QC plan (i.e., a quality assurance project plan (QAPP)) for a drinking water treatment project or pilot study under the direction of the USEPA, water research foundation, national water research institute or other relevant organization.

K. Incomplete applications will not be reviewed. The applicant will be notified within 15 days of the need to submit a complete application. The department shall either approve an application, approve an application subject to conditions, or deny an application, and shall notify the applicant of such determination. The department shall not condition or in any manner require as part of an approval that the applicant use a specific process or type of equipment.

(1) For a project involving a storage facility, or for a project involving a distribution facility, the department shall notify the applicant of the determination within 30 days after receipt of the complete application.

(2) For a project involving ground water sources that are not under the direct influence of surface water, the department shall notify the applicant of the determination within 30 days after receipt of the complete application.

(3) For a project involving a surface water source or ground water under the direct influence of surface water, the department shall notify the applicant of the determination within 60 days after receipt of the complete application.

(4) For a project using a best available technology identified in 40 CFR Part 141 for treatment of a chemical, radiological or microbiological contaminant, except for Cryptosporidium, the department shall notify the applicant of the determination within 45 days after receipt of the complete application.

(5) For a project involving treatment of Cryptosporidium or for a project involving treatment of a chemical, radiological or microbiological contaminant that use a technology other than those identified in 40 CFR Part 141 as a best available technology, the department shall notify the applicant of the determination within 120 days after receipt of the complete application.

L. If, in the judgment of the department, exigent circumstances warrant a waiver of the requirement for approval of an application prior to construction, the department may permit a prospective applicant to commence construction of a public water system project upon receipt of written permission from the department. The owner or operator of the public water system must submit an application within 30 days of receipt of the permission.

M. The department may deny an application for a public water system project, in whole or in part, if the department determines that:

(1) any maximum contaminant level (MCL) or treatment technique set forth at 40 CFR Part 141 will not be met after completion of the project;

(2) any other requirement of 20.7.10 NMAC will not be met after completion of the project;

(3) the design of the project is inconsistent with generally acceptable standards for construction of public water systems and their components including, but not limited to, the recommended standards for water facilities, construction programs bureau, New Mexico environment department;

(4) the design of the project will not meet project goals;

(5) the public water system does not demonstrate sufficient technical, managerial or financial capacity;

(6) an existing or planned source of actual or potential contamination may adversely impact a water source proposed to be utilized by the system; to make this determination, the department may require the applicant to submit to the department analyses relating to hydrogeological, soil or ground water conditions at the site, and information regarding proposed technology or installation methods that may be employed to prevent or mitigate the impact of the contaminant source on the water source; or

(7) a regulated contaminant or disinfectant will be injected into the source (e.g., chlorine pellet drop system).

N. The department's approval of an application is limited to the sanitary features of design and other features of public health significance. The department's approval of an application does not imply a guarantee of any type for the constructed project nor does it relieve the applicant from the responsibility for the overall integrity of the project, the adequacy of the project's design, or from the responsibility of complying with any of the provisions of this part or other applicable state and federal laws or regulations.

O. The department is not responsible for increased costs resulting from defects in the plans, design drawings and specifications or any other contract documents.

P. The applicant shall notify the department in writing when work on the public water system project is initiated. The department may inspect the project during construction and at completion to ensure compliance with the approved plans and specifications.

Q. If a public water system project receives approval from the department but does not commence construction within one year after the date of department approval, the supplier of water must submit a new application to the department.

R. Any deviations from approved plans or specifications affecting capacity, operating units, the functioning of water treatment processes, or the quality of water to be delivered, shall be reported to the department in writing. If deemed appropriate, the department may require that revised plans and specifications be submitted for review. Revised plans or specifications shall be submitted to the department in time to permit the review and approval of such plans or specifications before any construction work, which will be affected by such changes, is begun. In the event that this requirement would result in construction delays, verbal approval by the department may be given followed by written review within 30 days. The applicant must submit a copy of the completed change order to the department as soon as possible for review, final approval and filing.

S. Staff from the department, after reasonable notice and presentation of credentials, may make visits to the work site to assure compliance with these rules. In the event deficiencies are noted, the applicant will be notified in writing of any deficiency. All deficiencies must be resolved prior to the start-up of the system or component of the system.

T. The department shall be notified when a public water supply system project, or well-defined phase thereof, is at or near completion. This notification shall consist of:

(1) for a project requiring department approval, a written statement from a registered professional engineer or a representative of the water system that all conditions of project approval were accomplished;

(2) evidence of proper flushing and disinfection in accordance with the appropriate ANSI/AWWA standard, including bacteriological sampling results;

(3) other water quality data where appropriate;

(4) all other documentation which may have been required during the plan review process;

(5) confirmation that the water system owner has been provided with an operation and maintenance manual for the new facility, where appropriate; and

(6) when the project includes construction of a new source or incorporation of an existing source into a public water supply system, documents filed with the state engineer office, including the well log and proof of completion of well for ground water sources, and a proof of completion of works for surface water sources.

U. For a project requiring department approval, the supplier of water shall submit record drawings and certification of project completion in an electronic format acceptable to the department within 120 days after completion of the project.

N.M. Code R. § 20.7.10.201

20.7.10.201 NMAC - Rp 20 NMAC 7.1.I.109 and 20 NMAC 7.1.V.502, 12/4/2002; A, 4/16/2007; A, 1/6/2013