N.M. Admin. Code § 20.7.4.15

Current through Register Vol. 35, No. 23, December 10, 2024

Section 20.7.4.15 - MINIMUM NUMBER OF CERTIFIED OPERATORS

A. A public wastewater facility or public water supply system shall provide the minimum number of certified operators needed to operate the system or facility to protect human health, public welfare or the environment.

B. If the department determines a public wastewater facility or public water supply system is in violation of Subsection A of this section, the department may determine the minimum number of certified operators needed for the public wastewater facility or public water supply system. The determination shall be made in writing and delivered by certified mail. Violation of the department determination shall be considered a violation of the rule.

C. In determining the minimum number of certified operators needed to operate a public wastewater facility or public water supply system in compliance with Subsection A of this section, the department shall consider the following criteria:

(1) current compliance with applicable state and federal regulations;

(2) historical compliance with applicable state and federal regulations;

(3) actual discharge/production compared to design capacity;

(4) availability of redundant facilities;

(5) geographic area served by the public wastewater facility or public water supply system;

(6) level of automation;

(7) staffing plan;

(8) capacity assessment findings;

(9) sanitary survey deficiencies;

(10) mechanical reliability; and

(11) currency of federally required vulnerability assessments and risk management plans.

N.M. Admin. Code § 20.7.4.15

20.7.4.15 NMAC - N, 2/2/09