Current through Register Vol. 35, No. 18, September 24, 2024
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.
