N.M. Admin. Code § 20.7.3.401

Current through Register Vol. 35, No. 17, September 10, 2024

Section 20.7.3.401 - PERMITTING; GENERAL REQUIREMENTS

A. No person shall install or have installed a new on-site liquid waste system or modify or have modified an existing on-site liquid waste system, unless that person obtains a permit issued by the department, including payment of the permit fee, prior to construction of such installation or modification. Failure to obtain the required permit may result in the initiation of enforcement actions by the department.

B. No person shall construct or modify a residential or commercial unit on, or transport a residential or commercial unit onto, a lot for which an on-site liquid waste system is required unless the department has issued an on-site liquid waste system permit prior to such construction, modification or transportation.

C. No person shall construct, install or modify an on-site liquid waste system unless that person holds a valid and appropriate classification of contractor's license issued by the New Mexico construction industries division, except that a qualified homeowner may install or modify permitted septic tanks and conventional trench or bed disposal fields. Obtaining a permit from the department for the installation or modification of an on-site liquid waste system does not relieve any person from the responsibility of obtaining any other approval, license or permit required by state, city or county regulations or ordinances or other requirements of state or federal laws.

D. A permit is not required for graywater discharges or for systems designed for the discharge of graywater that meet the requirements of 20.7.3.810 NMAC.

E. An applicant seeking a permit shall do so by submitting an application to the field office of the department having jurisdiction for the area where the system is to be installed or modified. The application shall be:

(1) made on a form provided by the department;

(2) accompanied by the recorded deed or other recorded description and such other relevant information as the department may reasonably require to establish lot size, boundaries, date of record and ownership; and

(3) signed by the applicant or their authorized representative.

F. The department shall require complete and accurate information before a permit is issued for an on-site liquid waste system.

G. The department shall deny the application if the proposed system will not meet the requirements of 20.7.3 NMAC.

H. The department shall maintain a file of all permits issued and applications denied. The file shall be open for public inspection.

I. All systems shall be installed, operated and maintained in accordance with the permit and applicable regulations.

J. Unpermitted conventional systems installed or modified prior to February 1, 2002 may be issued a certificate of registration for continued operation if, after evaluation by the department or by an installer specialist:

(1) the treatment unit is pumped by a septage pumper hired by the system owner and the unit is determined to be watertight, is functioning properly and the tank has a liquid capacity within one tank size of the capacity required in Subsection Q of 20.7.3.201 NMAC;

(2) the liquid waste system appears to meet setback and clearance requirements based on a non-intrusive evaluation;

(3) the disposal system appears to be functioning properly;

(4) meets the lot size requirements of the regulation in effect at the time of the initial installation;

(5) the system does not constitute a public health or safety hazard; and

(6) the appropriate permit fee is paid for the system installed.

If any of the above conditions are not met, a certificate of registration cannot be issued and an application for modification pursuant to 20.7.3.202 NMAC must be submitted.

K. Unpermitted conventional systems installed or modified on or after February 1, 2002 may be permitted if:

(1) the treatment unit and the disposal system are adequately exposed to allow full inspection by the department to determine all relevant aspects of construction and materials, including, but not limited to: soil type; pipe size, type and material; proper placement of aggregate and cover; and proper trench size, slope and spacing;

(2) the on-site liquid waste system is determined, upon inspection by the department, to meet all requirements of 20.7.3 NMAC; and

(3) the appropriate permit fee is paid; and

(4) at the discretion of the department, an administrative penalty is paid in accordance with Environmental Improvement Act, Chapter 74, Article 1 NMSA 1978.

L. If the department finds that specific requirements in addition to, or more stringent than, those specifically provided in 20.7.3 NMAC are necessary to prevent a hazard to public health or the degradation of a body of water, the department shall issue permit conditions with more stringent requirements or additional specific requirements. Such additional or more stringent requirements may apply to system design, siting, construction, inspection, operation and monitoring.

M. The installation or modification of an on-site liquid waste system shall be in accordance with the permit and all regulatory requirements of 20.7.3 NMAC. Any change from the permitted installation or modification, including a change of installer, must receive department approval prior to implementation. An amendment of the permit shall be submitted within seven days of the completion of the installation.

N. No person shall operate or use an on-site liquid waste system until the department has granted final approval of the system after installation or modification of the system is completed. No person shall occupy a newly constructed or transported dwelling for which an on-site liquid waste system is required until the department has granted such final approval and, if applicable, until the governmental body with authority to regulate construction has granted an occupancy permit. The department shall not grant final approval if the system as installed or modified does not meet the requirements of 20.7.3 NMAC.

O. The department may cancel a permit if the installation or modification of the on-site liquid waste system has not been completed within one year after issuance or if the department determines that material information in the application is false, incomplete or inaccurate and that the correct information would have resulted in the department denying the original application. If a permit is canceled, the department shall notify the permittee of the decision in writing and the reason for cancellation and appropriate regulations cited.

P. Only the permittee may request that the department cancel a permit. The request must be made in writing.

Q. An installer whose New Mexico construction industries division license number is on a permit approved by the department for construction may, upon written notice to both the permittee and to the department, withdraw from the permit. Upon installer withdrawal, the permit approval shall be suspended until the permittee amends the permit either to include another licensed installer or to reflect approval as a qualified homeowner in accordance with Subsection A of 20.7.3.904 NMAC. Construction of the liquid waste system shall not proceed until the permit amendment is approved by the department. If the contractor withdraws after construction has commenced, the owner shall eliminate any public safety hazards posed by open treatment systems, excavations or other conditions related to unfinished construction.

R. A permittee may amend the permit to change the installer without installer withdrawal, provided that the permittee provides written notice to the installer.

N.M. Admin. Code § 20.7.3.401

20.7.3.401 NMAC - Rp, 20.7.3.401 NMAC, 9/1/13