N.M. Admin. Code § 20.7.6.19

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

Section 20.7.6.19 - PROJECT DESIGN REQUIREMENTS

Before beginning the design of the project, the following requirements must be completed and submitted by the borrower to NMED and approved by NMED:

A. Engineering report/facilities plan, which will include:

(1) When real property is to be acquired as part of the project and within the project period submit documentation of the acquisition, including legal description, the date the property was acquired, a certified copy of title to the property, and an appraisal report by a qualified appraiser.

(2) Cost effective analyses of project alternatives capable of meeting state and federal water quality and public health requirements.

(3) Consideration of present worth or equivalent annual value of all capital cost, operation, and replacement costs.

(4) Environmental information document (EID) in detail sufficient to determine categorical exclusion, finding of no significant impact (FONSI), or need for an environmental impact statement (EIS).

(5) Evidence of public participation.

(6) Information to demonstrate legal, managerial, and financial capability to properly operate and maintain the facility, maintain a repair and replacement reserve, and the ability to service this debt.

B. Proof of adequate property, liability, and fidelity insurance coverage for the project as shall be required by NMED. Fidelity insurance shall cover the borrower(s) employees who are responsible for handling loan monies.

C. Draft plan of operation which outlines staffing in compliance with the New Mexico Utility Operator Certification Act with start-up procedures that assure efficient operation and maintenance for the facilities.

D. Project schedule.

E. Proposed sewer use ordinance.

F. Proposed user charge system. The user charge system represents revenue for good operation and maintenance and replacement of worn-out equipment. One basis for the system is actual use which is measured in terms of water meter readings, measurement of sewer flow, etc. The rates are uniformly applied to each class (residential, commercial, or industrial) of user in proportions. If there is no existing user charge system, the first year rates should be based on the estimates of O & M costs and then adjusted annually thereafter to reflect actual O & M and replacement costs.

G. Number and name of NPDES permit and state groundwater permit, as applicable.

H. Sludge management plan which assures compliance with Sections 201 and 405 of the Clean Water Act, 40 CFR, Parts 35, 257 and 503, and New Mexico Water Quality Control Commission Groundwater Discharge Regulations 20.6.2 NMAC.

I. Design of the project shall be done by a consulting engineer who is registered in the state.

(1) Designs should adhere to sound construction practice using materials, methods, and equipment of proven dependability.

(2) Buildings shall be economical to operate and maintain and should be accessible to the handicapped.

(3) Design shall insure compliance with the NPDES permit or state groundwater discharge permit as appropriate.

(4) Safety shall be a prime consideration in design.

N.M. Admin. Code § 20.7.6.19

10-22-88; 11-30-95; 20.7.6.19 NMAC - Rn, 20 NMAC 7.6.600 & A, 7/16/2000, Adopted by New Mexico Register, Volume XXVI, Issue 22, November 30, 2015, eff. 12/30/2015