AN ACT
RELATING TO WATER QUALITY;
PROVIDING FOR RESIDENTIAL LANDSCAPE USE OF GRAY WATER; AMENDING SECTIONS OF THE
WATER QUALITY ACT; DECLARING AN EMERGENCY.
BE IT ENACTED BY THE
LEGISLATURE OF THE STATE OF NEW MEXICO:
Section
1. Section 74-6-2 NMSA 1978 (being Laws
1967, Chapter 190, Section 2, as amended) is amended to read:
"74-6-2. DEFINITIONS.--As used in the Water Quality
Act:
A. "gray water" means untreated
household wastewater that has not come in contact with toilet waste and
includes wastewater from bathtubs, showers, washbasins, clothes washing
machines and laundry tubs, but does not include wastewater from kitchen sinks
or dishwashers or laundry water from the washing of material soiled with human
excreta, such as diapers;
B. "water contaminant" means any
substance that could alter, if discharged or spilled, the physical, chemical,
biological or radiological qualities of water.
"Water contaminant" does not mean source, special nuclear or
by-product material as defined by the federal Atomic Energy Act of 1954;
C. "water pollution" means introducing
or permitting the introduction into water, either directly or indirectly, of
one or more water contaminants in such quantity and of such duration as may
with reasonable probability injure human health, animal or plant life or
property, or to unreasonably interfere with the public welfare or the use of
property;
D. "wastes" means sewage, industrial
wastes or any other liquid, gaseous or solid substance that may pollute any
waters of the state;
E. "sewer system" means pipelines,
conduits, pumping stations, force mains or any other structures, devices,
appurtenances or facilities used for collecting or conducting wastes to an
ultimate point for treatment or disposal;
F. "treatment works" means any plant
or other works used for the purpose of treating, stabilizing or holding wastes;
G. "sewerage system" means a system
for disposing of wastes, either by surface or underground methods, and includes
sewer systems, treatment works, disposal wells and other systems;
H. "water" means all water, including
water situated wholly or partly within or bordering upon the state, whether
surface or subsurface, public or private, except private waters that do not
combine with other surface or subsurface water;
I. "person" means an individual or any
other entity, including partnerships, corporations, associations, responsible
business or association agents or officers, the state or a political
subdivision of the state or any agency, department or instrumentality of the
United States and any of its officers, agents or employees;
J. "commission" means the water
quality control commission;
K. "constituent agency" means, as the
context may require, any or all of the following agencies of the state:
(1) the department of environment;
(2) the state engineer and the interstate stream
commission;
(3) the department of game and fish;
(4) the oil conservation commission;
(5) the state parks division of the energy,
minerals and natural resources department;
(6) the New Mexico department of agriculture;
(7) the soil and water conservation commission;
and
(8) the bureau of geology and mineral resources
at the New Mexico institute of mining and technology;
L. "new source" means:
(1) any source, the construction of which is
commenced after the publication of proposed regulations prescribing a standard
of performance applicable to the source; or
(2) any existing source when modified to treat
substantial additional volumes or when there is a substantial change in the
character of water contaminants treated;
M. "source" means a building,
structure, facility or installation from which there is or may be a discharge
of water contaminants directly or indirectly into water;
N. "septage" means the residual wastes
and water periodically pumped from a liquid waste treatment unit or from a
holding tank for maintenance or disposal purposes;
O. "sludge" means solid, semi-solid or
liquid waste generated from a municipal, commercial or industrial wastewater
treatment plant, water supply treatment plant or air pollution control facility
that is associated with the treatment of these wastes. "Sludge" does not mean treated
effluent from a wastewater treatment plant;
P. "substantial adverse environmental
impact" means that an act or omission of the violator causes harm or
damage:
(1) to human beings; or
(2) that amounts to more than ten thousand
dollars ($10,000) damage or mitigation costs to flora, including agriculture
crops; fish or other aquatic life; waterfowl or other birds; livestock or
wildlife or damage to their habitats; ground water or surface water; or the
lands of the state;
Q. "federal act" means the Federal
Water Pollution Control Act, its subsequent amendment and successor provisions;
and
R. "standards of performance" means
any standard, effluent limitation or effluent standard adopted pursuant to the
federal act or the Water Quality Act."
Section
2. Section 74-6-4 NMSA 1978 (being Laws
1967, Chapter 190, Section 4, as amended by Laws 2001, Chapter 240, Section 1
and by Laws 2001, Chapter 281, Section 1) is amended to read:
"74-6-4. DUTIES AND POWERS OF COMMISSION.--The
commission:
A. may accept and supervise the administration
of loans and grants from the federal government and from other sources, public
or private, which loans and grants shall not be expended for other than the
purposes for which provided;
B. shall adopt a comprehensive water quality
management program and develop a continuing planning process;
C. shall adopt water quality standards for
surface and ground waters of the state based on credible scientific data and
other evidence appropriate under the Water Quality Act. The standards shall include narrative
standards and as appropriate, the designated uses of the waters and the water
quality criteria necessary to protect such uses. The standards shall at a minimum protect the
public health or welfare, enhance the quality of water and serve the purposes
of the Water Quality Act. In making
standards, the commission shall give weight it deems appropriate to all facts
and circumstances, including the use and value of the water for water supplies,
propagation of fish and wildlife, recreational purposes and agricultural,
industrial and other purposes;
D. shall adopt, promulgate and publish
regulations to prevent or abate water pollution in the state or in any specific
geographic area, aquifer or watershed of the state or in any part thereof, or
for any class of waters, and to govern the disposal of septage and sludge and
the use of sludge for various beneficial purposes. The regulations governing the disposal of
septage and sludge may include the use of tracking and permitting systems or
other reasonable means necessary to assure that septage and sludge are
designated for disposal in, and arrive at, disposal facilities, other than
facilities on the premises where the septage and sludge is generated, for which
a permit or other authorization has been issued pursuant to the federal act or
the Water Quality Act. Regulations shall
not specify the method to be used to prevent or abate water pollution but may
specify a standard of performance for new sources that reflects the greatest
reduction in the concentration of water contaminants that the commission
determines to be achievable through application of the best available
demonstrated control technology, processes, operating methods or other
alternatives, including where practicable a standard permitting no discharge of
pollutants. In making regulations, the
commission shall give weight it deems appropriate to all relevant facts and
circumstances, including:
(1) character and degree of injury to or
interference with health, welfare, environment and property;
(2) the public interest, including the social and
economic value of the sources of water contaminants;
(3) technical practicability and economic
reasonableness of reducing or eliminating water contaminants from the sources
involved and previous experience with equipment and methods available to
control the water contaminants involved;
(4) successive uses, including but not limited to
domestic, commercial, industrial, pastoral, agricultural, wildlife and
recreational uses;
(5) feasibility of a user or a subsequent user
treating the water before a subsequent use;
(6) property rights and accustomed uses; and
(7) federal water quality requirements;
E. shall assign responsibility for administering
its regulations to constituent agencies so as to assure adequate coverage and
prevent duplication of effort. To this end,
the commission may make such classification of waters and sources of water
contaminants as will facilitate the assignment of administrative
responsibilities to constituent agencies.
The commission shall also hear and decide disputes between constituent
agencies as to jurisdiction concerning any matters within the purpose of the
Water Quality Act. In assigning
responsibilities to constituent agencies, the commission shall give priority to
the primary interests of the constituent agencies. The department of environment shall provide
technical services, including certification of permits pursuant to the federal
act, and shall maintain a repository of the scientific data required by this
act;
F. may enter into or authorize constituent
agencies to enter into agreements with the federal government or other state
governments for purposes consistent with the Water Quality Act and receive and
allocate to constituent agencies funds made available to the commission;
G. may grant an individual variance from any
regulation of the commission whenever it is found that compliance with the
regulation will impose an unreasonable burden upon any lawful business,
occupation or activity. The commission
may only grant a variance conditioned upon a person effecting a particular abatement
of water pollution within a reasonable period of time. Any variance shall be granted for the period
of time specified by the commission. The
commission shall adopt regulations specifying the procedure under which
variances may be sought, which regulations shall provide for the holding of a
public hearing before any variance may be granted;
H. may adopt regulations to require the filing
with it or a constituent agency of proposed plans and specifications for the
construction and operation of new sewer systems, treatment works or sewerage
systems or extensions, modifications of or additions to new or existing sewer
systems, treatment works or sewerage systems.
Filing with and approval by the federal housing administration of plans
for an extension to an existing or construction of a new sewerage system
intended to serve a subdivision solely residential in nature shall be deemed
compliance with all provisions of this subsection;
I. may adopt regulations requiring notice to it
or a constituent agency of intent to introduce or allow the introduction of
water contaminants into waters of the state;
J. may adopt regulations establishing
pretreatment standards that prohibit or control the introduction into publicly
owned sewerage systems of water contaminants that are not susceptible to
treatment by the treatment works or that would interfere with the operation of
the treatment works;
K. shall not require a permit respecting the use
of water in irrigated agriculture, except in the case of the employment of a
specific practice in connection with such irrigation that documentation or
actual case history has shown to be hazardous to public health or the
environment;
L. shall not require a permit for applying less
than two hundred fifty gallons per day of private residential gray water
originating from a residence for the resident's household gardening, composting
or landscape irrigation if:
(1) a constructed gray water distribution system
provides for overflow into the sewer system or on-site wastewater treatment and
disposal system;
(2) a gray water storage tank is covered to
restrict access and to eliminate habitat for mosquitos or other vectors;
(3) a gray water system is sited outside of a
floodway;
(4) gray water is vertically separated at least
five feet above the ground water table;
(5) gray water pressure piping is clearly
identified as a nonpotable water conduit;
(6) gray water is used on the site where it is
generated and does not run off the property lines;
(7) gray water is applied in a manner that
minimizes the potential for contact with people or domestic pets;
(8) ponding is prohibited, application of gray
water is managed to minimize standing water on the surface and to ensure that
the hydraulic capacity of the soil is not exceeded;
(9) gray water is not sprayed;
(10) gray water is not discharged to a
watercourse; and
(11) gray water use within municipalities or
counties complies with all applicable municipal or county ordinances enacted
pursuant to Chapter 3, Article 53 NMSA 1978; and
M. shall coordinate application procedures and
funding cycles for loans and
grants from the federal
government and from other
sources, public or private, with
the local government division
of the department of finance
and administration pursuant to
the New Mexico Community
Assistance Act."
Section
3. EMERGENCY.--It is necessary for the
public peace, health and safety that this act take effect immediately.
HB 114
Page 9