N.M. Admin. Code § 20.7.3.902

Current through Register Vol. 35, No. 21, November 5, 2024

Section 20.7.3.902 - OPERATION AND MAINTENANCE REQUIREMENTS AND EVALUATION REQUIREMENTS AT TIME OF TRANSFER

A. The owner of an on-site liquid waste system, including systems existing prior to the effective date of this regulation, shall be responsible for properly operating and maintaining the system in accordance with the recommendations of the manufacturer or designer of the system.

B. The owner of an advanced treatment system installed after the effective date of this regulation shall enter into a department approved maintenance contract with a maintenance service provider that will assure maintenance of the system in accordance with the recommendations of the manufacturer or designer of the system. A maintenance contract shall be in effect at all times.

C. Household hazardous waste shall not be introduced into the system. Wastewater that exceeds domestic liquid waste may be treated by an appropriately designed advanced treatment system.

D. Any spillage that may occur during tank pumpout shall be cleaned up immediately and the spill area disinfected with a sodium or calcium hypochloride solution.

E. Prior to the transfer of a property with an established on-site liquid waste system, the transferor of the property shall have the system evaluated. Liquid waste systems shall be evaluated by an evaluator qualified in accordance with Subsection B of 20.7.3.904 NMAC utilizing a department approved form. Unpermitted liquid waste systems shall be registered pursuant to Subsections J of 20.7.3.401 NMAC or permitted pursuant to Subsection K of 20.7.3.401 NMAC.

F. For permitted conventional liquid waste systems, a non-invasive evaluation shall be conducted, with a report provided to the buyer. The evaluation shall determine whether or not:

(1) the treatment unit is watertight, is functioning properly and the existing tank has a liquid capacity within one tank size of the capacity required by Subsection Q of 20.7.3.201 NMAC;

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

(3) the liquid waste system appears to meet setbacks and clearances;

(4) lot size requirements of the regulations in effect at the time of the initial installation, or in effect at the time of the most recent permitted modification, are met; and

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

G. For permitted advanced treatment systems, in addition to the requirements of Subsection F of 20.7.3.902 NMAC:

(1) the system shall be sampled in accordance with permit conditions for compliance with 20.7.3.602-604 NMAC if a regularly scheduled sampling event has not occurred within 180 days of the evaluation; the sampling results shall be included with the system report; if a regularly scheduled sampling event has occurred within 180 days of the evaluation, the results of the sampling shall be included in the evaluation report; and

(2) an amendment of permit reflecting ownership change is required pursuant to Subsection E of 20.7.3.403 NMAC.

H. Evaluations shall be recorded on forms approved by the department. Evaluation reports shall be kept on file by the evaluator of the on-site liquid waste system. Evaluators shall submit to the department copies of all evaluation reports, whether completed or not, within 15 days of the evaluation. A permit or variance application shall be submitted within 15 days of the evaluation by the party who is or will be the owner of the property on the 15^th day following the evaluation to correct any deficiencies or permit violations identified by the evaluation. In addition, all evaluation reports shall include the global positioning system (GPS) coordinates of the treatment unit. Once an evaluation is requested, all results, whether complete or not, shall be submitted to the department.

I. If a final inspection with final approval for a new or modified system or a property transfer evaluation for an existing system has been done within 180 days of the transfer of the property, the property transfer evaluation need not be conducted.

J. In the event of a failed system, that includes, but is not limited to disposal fields, the owner shall remedy the failed system with department approval. In the event, property with an existing permitted on-site liquid waste system is transferred prior to the remediation of a failed system, the transferee becomes responsible under these regulations for remedying the failed system.

N.M. Admin. Code § 20.7.3.902

20.7.3.902 NMAC - Rp, 20.7.3.902 NMAC, 9/1/13