N.M. Admin. Code § 20.7.3.403

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

Section 20.7.3.403 - PERMITTING; ADVANCED TREATMENT OR ALTERNATIVE DISPOSAL

A. An application for a permit proposing advanced treatment (with conventional or alternative disposal) or alternative disposal (with conventional treatment) may be submitted.

B. Applications shall include the information required for a conventional treatment or disposal system, and:

(1) for applications proposing advanced treatment with either conventional or alternative disposal:

(a) the applicant shall demonstrate that the system has been approved by the department and shall include operation and maintenance information, monitoring plans and maintenance agreements;

(b) the applicant must demonstrate the applicability and effectiveness of the technology on the site where it is to be used;

(c) a copy of all signed maintenance and sampling contracts shall be attached to the application; the effective date of the maintenance and sampling contracts shall be the day of final permit approval;

(d) the property owner shall have maintenance and sampling contracts in effect for the duration of the permit; and

(e) the property owner shall provide to the department copies of all maintenance and sampling contracts within 30 days of contract issuance or renewal; and

(2) for applications proposing alternative disposal with conventional treatment, the applicant shall include details of design, sizing, construction and operation; such disposal systems include, but are not limited to, mounds, evapotranspiration systems, pressure dosed systems, alternating drainfields, non-discharging constructed wetlands, non-gravity systems and approved surface applications.

C. For applications proposing advanced treatment or alternative disposal, within 10 working days, the department shall determine if a permit application for advanced treatment or alternative disposal is administratively incomplete. The department shall notify the applicant, orally or in writing, if the application is administratively incomplete. The determination that an application is administratively complete does not mean that the proposed system meets the requirements of 20.7.3 NMAC. Within 20 working days after receipt of the administratively complete application, the department shall grant the permit, grant the permit subject to conditions or deny the permit and shall notify the applicant of the action taken.

D. When the permit is granted subject to conditions or the application denied, the reason for the action shall refer to the appropriate regulation(s) and be given in writing.

E. For advanced treatment systems, the authorization to operate the system shall be valid until a change of ownership of the system occurs. At the time of transfer of ownership, the new owner shall submit an amendment of permit updating the ownership change and also provide the department a copy of the valid maintenance and sampling contract in the name of the new owner.

N.M. Admin. Code § 20.7.3.403

20.7.3.403 NMAC - Rp, 20.7.3.403 NMAC, 9/1/13