(A) Definitions. For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
ALTERNATIVE DISPOSAL SYSTEM. An individual liquid waste disposal system, which is not a conventional disposal system. It is commonly used where limiting soil conditions exist. Some examples of ALTERNATIVE DISPOSAL SYSTEMS are deep trench, seepage pit, fill, sand filter, sand mount, evapotranspiration and land application.
ARROYO. A dry wash or draw, which flows only occasionally.
BEDROCK. Consolidated earth materials, it includes fractured and cavernous rock
BODY OF WATER. All constrained water including water situated wholly or partly within or bordering the state, whether surface or subsurface, public or private.
CANAL. A man-made ditch or channel that carries water for the purposes other than domestic consumption.
COMMUNITY LIQUID WASTE SYSTEM. A liquid waste system, which receives a design flow of more than 2,000 gallons of liquid waster per day. It is subject to the Water Quality Control Commission Regulations.
CONVENTIONAL DISPOSAL SYSTEM. An individual liquid waste disposal system that is a below grade soil absorption system with an excavated depth no deeper than 4 feet from the ground surface. Some examples of CONVENTIONAL DISPOSAL SYSTEMS are absorption trenches and seepage beds.
DEGRADE A BODY OF WATER. To reduce the physical, chemical or biological qualities of a body of water. It includes the release of material, which could result in the exceeding of standards established in the water quality standards for interstate and intrastate streams, by the Water Quality Control Commission Regulations, and by the Drinking Water Regulations.
DESIGN FLOW. The liquid waste flow rate for which a liquid waste system must be designed in order to assure acceptable system performance. It is generally governed by regulations, standards, codes and acceptable references.
EDGE OF A WATERCOURSE, CANAL OR ARROYO. The point of maximum curvature at the upper edge of a definite bank, or if no definite bank exists, the highest point where signs of seasonal high water flow exist.
ENGINEER. A person authorized to practice professional engineering in the State of New Mexico.
FLOODPLAIN. Any area which will be flooded by high water from a 100 year frequency storm.
GROUND WATER. Interstitial water which occurs in saturated earth material. It is capable of entering a well in sufficient amounts to be utilized as a water supply.
HAZARDS TO PUBLIC HEALTH. The indicated presence in water or soil of chemical, biological or other agents under conditions that they may adversely impact human health.
INDIVIDUAL LIQUID WASTE DISPOSAL SYSTEM. A liquid waste system, which receives a design flow of 2,000 or less gallons of liquid waste per day. It is subject to the Liquid Waste Disposal Regulations.
LIQUID WASTE. Domestic wastewater (sewage). It includes non-liquid-carried excreta.
LIQUID WASTE DISPOSAL SYSTEM. A component of a liquid waste system, which disposes of the discharge from a liquid waste treatment system.
LIQUID WASTE SYSTEM. A system, which is designed, constructed, operated and maintained to receive, treat and dispose of liquid wastes. It usually consists of collection treatment and disposal components.
LIQUID WASTE TREATMENT SYSTEM. A component of liquid waste system, which removes, reduces or alters the objectionable constituents of liquid waste.
NET LOT SIZE. The area of a lot excluding any area dedicated by easement or use to provide vehicular passage to more than 1 lot or more than 5 residential or commercial units on a single lot.
PERCOLATION RATE. The rate of entry of water into soil. It is determined from a standard percolation test performed on the soil at the depth of the proposed soil absorption system.
POTENTIAL SOURCE OF CONTAMINATION. A water supply system that has less than 15 service connections or serves less than 25 individuals.
PRIVATE WATER SUPPLY SYSTEM. A water supply system that has less than 15 service connections or serves less than 25 individuals.
PRIVY. A receptacle for non-liquid-carried excreta. It allows direct discharge to the soil.
PUBLIC WATER SUPPLY SYSTEM. A water system, which has at least 15 service connections or serves at least 25 individuals. It is subject to the Drinking Water Regulations.
REPRESENTATIVE WATER SAMPLE.
(a) A water sample, which can be expected to reflect the current quality of the water proposed for use within the subdivision.
(b) A water sample (and water quality analysis) more than 3 years old is not considered representative.
SEASONAL HIGH GROUND WATER TABLE. The highest level to which the upper surface of the ground water may be expected to rise within a 1 year period.
SOIL SURVEY. A national cooperative soil survey conducted by USDA, Natural Resources Conservation Service in cooperation with the state agricultural experiment station and other federal and state agencies, or any other survey containing information of comparable quality and detail following the national standards for an Order 2 survey.
SOLID WASTE. Any garbage, rubbish, or other discarded material, which results from residential, commercial, institutional, industrial or recreational activities. Systems for the collection, transportation and disposal of solid waste are subject to the Solid Waste Management Regulations.
TOTAL DESIGN FLOW. The sum of liquid waste design flows for all liquid waste systems on a lot. The maximum total design flow (gallons per day) permitted on any lot is determined by multiplying the net lot size (acres) by 500.
WATER SUPPLY SOURCE. A well, spring, infiltration gallery, surface water intake structure or other source of water used to furnish water to public or private water supply system.
WATER SUPPLY SYSTEM or WATER SYSTEM. A system, which is designed, constructed, operated and maintained to provide water suitable for domestic uses. It usually consists of source, treatment, transmission, storage, pumping and distribution facilities.
WATERCOURSE. Any river, creek, arroyo, draw, wash, or any other channel having definite banks and bed with visible evidence of at least an occasional flow of water.
(B) Water quality documentation.
(1) For a subdivider to document conformance with the water quality requirements of these guidelines and the New Mexico Subdivision Act, a water quality documentation package shall accompany the preliminary plat submittal.
(2) The water quality documentation package shall:
(a) State the subdivider's name and mailing address;
(b) State the date the package was completed;
(c) State the subdivider's proposal for meeting the water quality requirements of these guidelines;
(d) Be accompanied by a copy of the subdivider's disclosure statement on water quality;
(e) Be accompanied by the information listed in divisions (3), (4) or (5) below of this section as applicable to the water supply proposal; and
(f) Be accompanied by other relevant information as may be necessary for the determination of compliance with the water quality requirements of these guidelines.
(3) If a new public water supply system is proposed, the following information shall be submitted as part of the water quality documentation package:
(a) A water quality analysis of a representative water sample for antimony, arsenic, barium, beryllium, cadmium, chromium, cyanide, fluoride, lead, mercury, nickel, nitrate, nitrite, selenium, thallium, alkalinity, aluminum, calcium, chloride, color, copper, foaming agents, hardness, iron, manganese, odor, pH, silver, sodium, sulfate, total dissolved solids, turbidity, and zinc;
(b) For areas where contamination of the proposed source water has been documented, a water quality analysis of a representative water sample for other water quality parameters listed in division (C) below of these guidelines as may be required;
(c) The location and description of the source of water sampled for the water quality analysis;
(d) An engineer's report and preliminary plans for the proposed public water supply system; and
(e) Maps identifying and showing the location of all potential sources of contamination and the flood plan of all watercourses and surface bodies of water within 1,000 feet of the proposed water supply system source.
(4) If a connection to and extension of an existing public water supply system is proposed, the following information shall be submitted as part of the water quality documentation package:
(a) A water quality analysis of a representative water sample for alkalinity, aluminum, calcium, chloride, color, copper, foaming agents, hardness, iron, manganese, odor pH, silver, sodium, sulfate, total dissolved solids, turbidity and zinc;
(b) A statement of availability of water service signed by an official of the existing public water supply system; and
(c) An engineer's report and preliminary plans for the proposed water system.
(5) If private water supply systems are proposed, the following information shall be submitted as part of the water quality documentation package:
(a) For areas where water quality problems have been documented the subdivider will submit a water quality analysis of a representative water sample for antimony, arsenic, barium, beryllium, cadmium, chromium, cyanide, fluoride, lead, mercury, nickel, nitrate, nitrite, selenium, manganese, odor, pH, silver, sodium, sulfate, total dissolved solids, turbidity, and zinc; copies of the monitoring samples for the system shall be submitted;
(b) For areas where contamination of the proposed source water has been documented, a water quality analysis of a representative water sample for other water quality parameters listed in division (C) below of these guidelines may be required;
(c) The location and description of the source of water sampled for the water quality analysis;
(d) Preliminary plans for the private water supply systems if the system will service more than 1 connection; and
(e) Maps identifying and showing the location of all potential sources of contamination and the floodplain of all watercourses and surface bodies of water within the subdivision and within 500 feet of the proposed subdivision boundaries.
(6) Documentation of approval for the construction or modification of a public water supply system from the New Mexico Environment Department will be required for final plat approval.
(C) Water quality requirements. Conformance with the water quality requirements of this section is required for preliminary plat approval.
(1) The level of a contaminant in water, which is delivered to any user of a public or private water supply system shall not exceed the maximum contaminant level (MCL) for any of the contaminants listed in Table 3-1.
(2) (a) The level of a contaminant in water, which is delivered to any user of a public or private water supply system should not exceed the secondary maximum contaminant level (SMCL) for any of the contaminants listed in Table 3-2.
(b) If the level for any of the contaminants listed in Table 3-2 exceeds the SMCL, the subdivider must state in the disclosure statement on water quality the name of the contaminant exceeded; the contaminant level; the SMCL of the contaminant; the expected adverse effects of the contaminant for domestic water use; and the recommended treatment method to reduce the contaminant level to or below the SMCL. A water supply source shall not be located at less than the setback distances shown in Table 3-3.
(3) The disclosure statement for the subdivision shall contain a statement describing the quality of water available for domestic use within the subdivision.
Table 3.1 - Primary (Health Related) Contaminants | |||
Contaminant | MCL | Contaminant | MCI |
Table 3.1 - Primary (Health Related) Contaminants | |||
Contaminant | MCL | Contaminant | MCI |
Antimony | 0.006 mg/1 | Giardia lamblia (d) | TT(C) |
Arsenic | 0.05 mg/1 | Legionella (d) | TT(C) |
Asbestos | 7 mfl(a) | Standard Plat count (d) | TT(C) |
Barium | 2 mg/1 | Total coliforms | Absent |
Beryllium | 2 mg/1 | Turbidity (d) | PS (f) |
Cadmium | 0.005 mg/1 | Viruses (d) | TT(C) |
Chromium (total) | 0.1 mg/1 | Disinfection Byproduct Contaminant | MCL |
Copper | 1.3 mg/1 | ||
Cyanide | 0.2 mg/1 | Total trihalomethanes | 0.10 mg/1 |
Fluoride | 4.0 mg/1 | Volatile Organic (VOC) Contaminant | MCL |
Lead | 0.015 mg/1 | ||
Mercury (inorganic) | 0.002 mg/1 | Benzene | 0.005 mg/l |
Nickel | 01 mg/1 | Carbon tetrachloride | 0.005 mg/l |
Nitrate (as N) | 10 mg/1 | Dibromochloropropane | 0.0002 mg/1 |
Nitrate (as N) | 1 mg/1 | o-dichlorobenzene | 0.6 mg/1 |
Nitrate+Nitrate (both as N) | 10 mg/1 | p-dichloroethane | 0.075 mg/1 |
Selenium | 0.05 mg/1 | 1,2-dicloroethylene | 0.005 mg/1 |
Thallium | 0.002 mg/1 | 1,1-dichloroethylene | 0.007 mg/l |
Radionuclide Contaminant | MCL | cis-1,2-dichloroethylene | 0.07 mg/1 |
trans-1,2-dichloroethylene | 0.1 mg/1 | ||
Gross a particle activity (b) | 15 pCi/1 | Dichloromethane | 0.005 mg/1 |
Radium-226 & 228(e) | 5 pCi/1 | 1,2-dichloropropane | 0.005 mg/1 |
Strontium-90 | 8 pCi/1 | Ethyl benzene | 0.7 mg/1 |
Tritium | 20000 pCi/1 | Ethylene dibromide | 0.00005 mg/1 |
Monochlorobenzene | 0.1 mg/1 | Di(2-ethylehexl) phthalate | 0.006 mg/1 |
Styrene | 0.1 mg/1 | Dinoseb | 0.007 mg/1 |
Tetrachloroethylene | 0.005 mg/1 | Diquat | 0.02 mg/1 |
Table 3.1 - Primary (Health Related) Contaminants | |||
Contaminant | MCL | Contaminant | MCI |
Table 3.1 - Primary (Health Related) Contaminants | |||
Contaminant | MCL | Contaminant | MCI |
Toluene | 1 mg/1 | Enfothall | 0.1 mg/1 |
1,2,4-trichlorobenzene | 0.07 mg/1 | Enfothall | 0.1 mg/1 |
1,1,2-trichloromethane | 0.005 mg/1 | Heptachlor | 0.004 mg/l |
Trichloroethylene | 0.005 mg/l | Heptachlor epoxide | 0.002 mg/l |
Vinyl chloride | 0.002 mg/l | Hexachlorobenzene | 0.001 mg/l |
Xylenes (total) | 10 mg/l | Hexachlorocyclopentadiene | 0.005 mg/l |
Synthetic Organix (SOC) Contaminant | MCL | Lindane | 0.002 mg/1 |
Methoxychlor | 0.04 mg/1 | ||
Alachlor | 0.002 mg/1 | Ox amyl (vydate) | 2 0.2 |
atrazine | 0.003 mg/1 | Pentachlorophenal | 0.001 mg/1 |
Benzo[a}pyrene | 0.002 mg/1 | Picloram | 0.5 mg/1 |
Carbofuran | 0.04 mg/1 | Polychlorinated biphenyls | 0.005 mg/I |
2,4-D | 0.07 mg/1 | 2,3,7,8-TCCD (Dioxin) | 3x10 mg/1 |
Dalapon | 0.2 mg/1 | Toxaphene | 0.003 mg/1 |
Di(2-ethylehexyl) adipate | 0.4 mg/1 | 2,4,5-Tp | 0.5 mg/1 |
Notes to Table 3-1: Million Fibers longer than 10[u] m per Liter. Gross alpha particle activity including radium-226 but excluding radon and uranium Combined radium-226 and radium-228 For systems using surface water. Treatment Technique (filtration and disinfecting) required. Performance Standard 0.5 NTU to 1.0 NTU. | |||
Table 3-2 Secondary (Esthetic Related) | |||
Contaminant | SMCL | Contaminant | SMCL |
Table 3-2 Secondary (Esthetic Related) | |||
Contaminant | SMCL | Contaminant | SMCL |
Aluminum | 0.05 to mg/l | Manganese | 0.05mg/1 |
Chloride | 250 mg/l | Odor | 3 Ton |
Color | 15 CU | pH | 6.5 to 8.5 |
Copper | 1.0 mg/l | Silver | .01 mg/l |
Corrosivity | non-corrosive | Sodium | 100mg/l (a) |
Fluoride | 2.0 mg/l | Sulfate | 250 mg/l |
Foaming agents | .05 mg/l | TDS | .500 mg/l |
Hardness | .250 mg/l | Turbidity | .5 NTU |
Iron
|
.03 mg/l
|
Zinc
|
.5 mg/l
|
Notes To Table 3-2 Sodium concentration exceeding 20 mg/l must be noted in the disclosure statement.
| |||
Table 3.3 — Setback Distances for Water Supply Sources | ||
Minimum Setback Distance (Feet) | ||
Public Water Supply | Private Water Supply | |
Essential Source of Contamination | System Source | System Source |
Table 3.3 — Setback Distances for Water Supply Sources | ||
Minimum Setback Distance (Feet) | ||
Public Water Supply | Private Water Supply | |
Essential Source of Contamination | System Source | System Source |
Water Tight Sewers | 50 | 25 |
Other Sewers | 100 | 50 |
Community Liquid Waste Treatment System | 300 | 150 |
Individual Liquid Waste Treatment System | 100 | 50 |
Community Liquid Waste Disposal System | 600 | 300 |
Individual Liquid Waste Disposal System | 200 | 100 |
Floodplain | Conditions to be met by the subdivider to be determined on a case by case basis. Alternative systems may be required. | |
(D) Liquid waste disposal documentation. For a subdivider to document conformance with the liquid waste disposal requirements of these guidelines and the New Mexico Subdivision Act, a liquid waste disposal documentation package shall accompany the preliminary plat submittal.
(1) The liquid waste disposal documentation package shall:
(a) State the subdivider's name and mailing address;
(b) State the date the package was completed;
(c) State the subdivider's proposal for meeting the liquid waste disposal requirements of these guidelines;
(d) Be accompanied by the information required in division (B)(2), (3) and (4) above of this section applicable to the subdivider's liquid waste disposal plan;
(e) Be accompanied by other relevant information as may be necessary for determination of compliance with the liquid waste disposal requirements of these guidelines.
(2) If the subdivider proposes a new community liquid waste system, the following information shall be submitted as part of the liquid waste disposal documentation package:
(a) An engineer's report and preliminary plans for the proposed community liquid waste system;
(b) Maps showing the location of all water supply sources and the floodplain of all watercourses and surface bodies of water within 1,000 feet of the proposed liquid waste treatment and liquid waste disposal site; and
(c) Documentation of the filing of a "Notice of Intent to Discharge" with the New Mexico Environment Department in accordance with the Water Quality Control Commission Regulations.
(3) If the subdivider proposes a liquid waste system by connection to and extension of an existing community liquid waste system, the following information shall be submitted as part of the liquid waste disposal documentation package:
(a) A statement of availability of liquid waste service signed by an official of the existing liquid waste system; and
(b) An engineer's report and preliminary plans for the proposed extension to the existing liquid waste system.
(4) If the subdivider proposes individual liquid waste systems, the following information shall be submitted a part of the liquid waste disposal documentation package:
(a) A soil investigation report (soil survey, soil brings to a minimum depth of 8 feet, soil test results and analysis of the soil survey, soil boring and soil tests) defining soil depth to bedrock, seasonal high ground water table or other limiting soil layer and percolation rate for the soils within the proposed subdivision;
(b) Maps showing the location of all water supply sources and the floodplain of all watercourses and surface bodies of water within the proposed subdivision and within 500 feet of the proposed subdivision boundaries;
(c) A liquid waste system feasibility map, superimposed on the subdivision plat, delimiting the areas of suitable, limited and prohibitive soil categories as described in Table 5-2; and
(d) Preliminary plans for the individual waste systems if a system will service more than 1 connection.
(5) Documentation of approval for the discharge from a community liquid waste system from the New Mexico Environment Department will be required for final plat approval.
(E) Liquid waste disposal requirements.
(1) Required. Conformance with the liquid waste disposal requirements of this section is required for preliminary plat approval.
(2) Community liquid waste systems.
(a) A community liquid waste system shall be permitted, designed and constructed by the time of the first occupancy within the subdivision, to comply with the Water Quality Control Commission Regulations;
(b) Operated, maintained and expanded as necessary to insure that the system will comply with the Water Quality Control Commission Regulations; and
(c) The subdivider shall disclose and covenant that all lots within the subdivision must connect to the community liquid waste system at the time of occupancy.
(3) Individual liquid waste systems.
(a) Individual liquid waste systems shall be located, installed, operated and maintained in a manner, which will not cause a hazard to public health or degrade any body of water.
(b) Individual liquid waste systems shall not be installed where an existing community
liquid waste system is available for use within the subdivision; installed in subdivisions or on lots with sizes less than shown in Table 5-1; installed at less than the setback distances shown in Table 5-3; or, privies (outhouses) or holding tanks if a water supply system is to be used.
(c) The subdivider shall disclose and covenant that the lots can not be further divided or subdivided to lot sizes smaller than those approved for the subdivision.
Table 5.1. — Lot Sizes for Individual Liquid Waste Systems | |
Minimum average lot size for subdivision | Minimum lot size |
To be determined according to the county zoning chapter | |
(4) The disclosure statement for the subdivision shall contain a description of the means of liquid waste disposal for the subdivision.
(5) Alternative systems may be required where soil conditions and depth of seasonal high water tables are prohibited.
Table 5-2 Soil Category for Individual Liquid Waste Systems | |||
Soil Characteristics | Soil Category (a) | ||
Suitable (b) | Limiting (c) | Prohibitive (d) | |
Table 5-2 Soil Category for Individual Liquid Waste Systems | |||
Soil Characteristics | Soil Category (a) | ||
Suitable (b) | Limiting (c) | Prohibitive (d) | |
Perculation Rate (minutes per inch) | 5 – 60 | Less than 5 or 61 - 120 | More than 120 |
Slope (%) | 0 – 8 | 9 – 15 | More than 15 |
Soil depth to season high ground water table or bedrock or other limiting soil layer (feet) | 8 or more | 4 - 8 | Less than 4 |
Floodplain | Outside | Outside | Within |
Notes to Table 5-2: A soil category is determined by the most limiting soil characteristics. A suitable soil is a soil suited for the installation and functioning of a conventional disposal system. Conventional disposal systems or alternative disposal systems may be used in suitable soils. A limiting soil is a soil unsuitable for the installation and functioning of a conventional disposal system. Alternative disposal systems are used in limiting soils. Alternative disposal system may be required. | |||
Table 5-3 Setback Distances for Individual Waste Systems | ||
Object | Required Minimum Setback Distance (Feet) | |
Treatment Unit | Disposal System | |
Table 5-3 Setback Distances for Individual Waste Systems | ||
Object | Required Minimum Setback Distance (Feet) | |
Treatment Unit | Disposal System | |
Individual Water Supply System Source | 50 | 100 |
Public Water Supply System Source | 100 | 200 |
Edge of Watercourses except Canals and Arroyos | 50 | 100 |
Edge of Unlined Canals and Arroyos | 15 + depth of channel | 10 + depth of channel |
Edge of Lined Canals | 10 + depth of channel | 10 + depth of channel |
Public Lakes | 50 (a) | 100 (b) |
Notes to Table 5-3: Setback distance to artificially controlled lakes and reservoirs is measured from the closest projected shoreline at the maximum controlled water level. | ||
(F) Solid waste disposal documentation. For a subdivider to document conformance with solid waste disposal requirements of these guidelines and the New Mexico Subdivision, a solid waste disposal documentation package shall accompany the preliminary plat submittal.
(1) A solid waste documentation package shall:
(a) State the subdivider's name and mailing address;
(b) State the date the package was completed;
(c) State the subdivider's proposal for meeting the solid waste disposal requirements of these guidelines;
(d) Be accompanied by a copy of the subdivider's disclosure statement on solid waste disposal; and
(e) Be accompanied by the information required in division (B)(2) and (3) above of this section as applicable with the solid waste disposal requirements of these guidelines.
(2) If the subdivider proposes solid waste collection by use of an existing solid waste collection service, the following information shall be submitted as part of the solid waste disposal documentation package:
(a) A statement of availability of solid waste service signed by an official of the disposal site; and
(b) The travel distance from the center of the subdivision to the disposal site.
(G) Solid waste disposal requirements. Conformance with the solid waste disposal requirements of this section is required for preliminary plat approval.
(1) At the time of first occupancy of the subdivision the subdivider shall provide for:
(a) Disposal of solid wastes at an approved solid waste disposal facility; and
(b) An approved solid waste collection system to collect and transport solid wastes to the disposal facility if the disposal facility is more than 5 miles from the center of the subdivision.
(2) At the time when 500 lots of the subdivision are occupied, the subdivider shall provide an approved solid waste collection system to collect and transport solid wastes to the disposal facility.
(3) The solid waste disposal requirements of this section may be waived for Type 4 or Type 5 subdivisions if the subdivider discloses and covenants that:
(a) The lots will not be divided or subdivided to less than 10 acres;
(b) The lots will be restricted to seasonal (part-time) occupancy;
(c) On-lot solid waste disposal will be limited to solid waste generated on the lot by the lot owner; and
(d) On-lot solid waste disposal will be done in a manner that does not create a nuisance, create a hazard to public health, or degrade a body of water.
(4) The disclosure statement for the subdivision shall contain a description of the means of solid waste disposal for the subdivision.
(Ord. passed 5-1-2000) Penalty, see § 151.999