Relevant to Taos Real Estate News Articles
Liquid Waste Treatment and Disposal Regulations
As of September 1, 2005 the New Mexico Environment Department (NMED) has adopted new Liquid Waste Disposal and Treatment Regulations (20.7.3 NMAC). The New Mexico Environmental Department cites septic tanks as the principal source of groundwater contamination in the state. If a property is not connected to a public sewer system, liquid waste disposal may be by a private septic system, cesspool, or other advanced treatment system. The facts that nearby properties are connected to a sewer system, is no guarantee that the subject property is also connected to that sewer system.
Under these new regulations homeowners will be required to provide the Environmental Department with an on-site wastewater system inspection and evaluation upon transfer of ownership. All septic systems regardless of their size, function, or age must now have permits with the New Mexico Environment Department. On-site liquid waste disposal is a material fact in real estate transactions, in which prior to the transfer of ownership, all properties served by on-site liquid waste systems must be inspected.
The objective of the new regulations is to protect the public health and welfare of present and future citizens of New Mexico by providing for the prevention and abatement of public health hazards and surface and ground water contamination from on-site liquid waste disposal practices. 20.7.3.6
Currently, under the new regulations every owner is to comply with the regulations for storing, treating, and disposing of liquid wastes generated on that property. Each property should be evaluated to determine the appropriate required on-site liquid waste system based upon criteria such as property location, lot size, soil, site characteristics, depth to the groundwater, set-back requirements, and distance to public or private wells. 7.3.202. F. For those interested in developing vacant land, current regulations require that conventional treatment systems may not be installed on a lot smaller than .75 acre minus setbacks, where there is not already an established on-site liquid waste system. 20.7.3.301.
Buyers should ask sellers for a copy of the original permit for the onsite liquid waste system and any approvals issued by the Environmental Department. Prior to the transfer of title of ownership, all properties served by onsite liquid waste systems must be inspected with no further notification necessary to the New Mexico Environmental Department.
In the case of purchasing vacant land buyers may request that the Department issue a Determination Letter, which will state whether or not more stringent requirements will be imposed on a lot or parcel. Likewise when considering purchasing real estate it is important that the buyer consider their future plans for a property. An existing system cannot be modified without an inspection and a permit. Thus, a buyer who is planning to increase the number of bedrooms or bathrooms, or otherwise increase the total flow may want to determine in advance what current requirements would be for the property so that he/she may budget accordingly.
Please call the Lora Company at (575) 758-3275 if we may answer any additional questions about the New Mexico Environmental Department Regulations on Liquid Waste Systems.
