TITLE 20 ENVIRONMENTAL
PROTECTION
CHAPTER 7 WASTEWATER AND WATER SUPPLY FACILITIES
PART 7 REVIEW PROCEDURES FOR
WASTEWATER CONSTRUCTION LOANS
20.7.7.1 ISSUING AGENCY. New
Mexico Environment Department.
[11-30-95;
20.7.7.1 NMAC Rn, 20 NMAC 7.7.100, 7/16/2000]
20.7.7.2
SCOPE. These
procedures apply to all construction or planning/design projects funded in‑part
from funds from the Wastewater Facilities Construction Loan Fund which are
derived from the federal capitalization grant except as provided in Section
20.7.7.11 NMAC.
[10-22-88; 11-30-95; 20.7.7.2 NMAC Rn, 20 NMAC
7.7.101 & A, 7/16/2000]
20.7.7.3
STATUTORY
AUTHORITY. Department of Environment Act, NMSA 1978,
9-7A-6.F; Wastewater Facility Construction Loan Act, NMSA 1978, Sections
74-6A-1 to 15; and Water Quality Control Act, NMSA 1978, Sections 74-6-1 to 17.
[10-22-88; 11-30-95; 20.7.7.3 NMAC Rn, 20 NMAC
7.7.102, 7/16/2000]
20.7.7.4
DURATION. Permanent.
[11-30-95; 20.7.7.4 NMAC Rn, 20 NMAC 7.7.103,
7/16/2000]
20.7.7.5
EFFECTIVE
DATE. July 16, 2000 This Part amends and replaces the Environmental
Review Procedures for Projects Funded Through the Wastewater Facility
Construction Loan Program, HED 88‑3 (EID), filed September 22, 1988, as
amended.
A. All references to HED 88-3 (EID) or
to the Review Procedures for Projects Funded Through the Wastewater Facility
Construction Loan Program in any other rule shall be construed as a reference
to this Part.
B. The amendment and replacement of HED
88-3 (EID) shall not affect any administrative or judicial enforcement action
pending on the effective date of such amendment nor the validity of any
financial assistance provided pursuant to HED 88-3 (EID).
[11-30-95; 20.7.7.5 NMAC Rn, 20 NMAC 7.7.104
& A, 7/16/2000]
20.7.7.6
OBJECTIVE. This
Part establishes the New Mexico Environment Department's policy and procedures for
the identification and analysis of the environmental impacts of construction of
wastewater facilities funded in‑part through loans from the Wastewater
Facility Construction Loan Fund (which is New Mexico's SRF) and the preparation
and processing of Environmental Impact Statements (EISs). This procedure shall be coordinated with and
shall be consistent with the NMED's environmental review responsibilities
pursuant to the Governor's Executive Order 83‑73, "State
Clearinghouse Review Process."
[10-22-88; 11-30-95; 20.7.7.6 NMAC Rn, 20 NMAC
7.7.105, 7/16/2000]
20.7.7.7
DEFINITIONS. All
terminology used in this Part will be consistent with the terms as defined in
40 CFR Part 1508 (the CEQ Regulations).
Any qualifications will be provided in the definitions set forth in this
Part.
A. "Applicant" means any
local authority, which has filed an application for loan assistance from the
SRF.
B. "Environmental Information
Document" (EID) means any written analysis prepared by an applicant or
contractor describing the environmental impacts of a proposed project. This document will be of sufficient scope to
enable the responsible official to assess the environmental impacts of the
proposed project;
C. "environmental review" means
the process whereby an evaluation is undertaken by the NMED to determine
whether a proposed project may have a significant impact on the environment and
therefore require the preparation of an Environmental Impact Statement (EIS);
D. "loan" means a loan of
funds by a written loan agreement from the SRF;
E. "planning/design loan"
means a loan which is issued for the purpose of preparation of a plan
(including environmental review process) and/or preparation of design drawings
and specifications for a potential construction project.
F. "project" means a
construction project which receives a loan for the purpose of building a
publicly owned treatment works or other eligible works.
G. "Record of Decision" (ROD)
means a document prepared and issued by the NMED responsible official on the
Environmental Impact Statement (EIS) which includes an identification of
mitigation measures.
H. "Responsible Official"
means the Secretary, New Mexico Environment Department who is authorized to
fulfill the requirements of these procedures.
The Chief of the Construction Programs Bureau is delegated the day‑to‑day
responsibilities for implementing these procedures.
[10-22-88; 11-30-95; 20.7.7.7 NMAC Rn, 20 NMAC
7.7.109 & A, 7/16/2000]
20.7.7.8
BACKGROUND.
A. Pursuant to Clean Water Act amendments of 1987 (CWA) the
U.S. Environmental Protection Agency (EPA) issued on January 28, 1988 the final
"Initial Guidance ‑ State Water Pollution Control Revolving Funds
(SRF)." Section III.8.11. states the following: Section 212 POTW projects that the State constructs with funds
"directly made available by" capitalization grants (equivalency
projects) must be treated under the National Environmental Policy Act (NEPA) in
the same manner as Title II construction grants projects. To comply with this
requirement, the State may either develop or revise its own "NEPA‑like"
environmental review methods or adopt and apply the procedures at 40 CFR Part
6. If the State selects its own method for conducting environmental reviews,
the process must be approved by the Regional Administrator. State processes
will be evaluated on the basis of the guidance included as Appendix D which
describes an adequate NEPA‑like program for environmental reviews of equivalency
projects. State environmental review procedures that have previously been used
in the Title II program augmented by actions formerly undertaken by EPA and
that are supported by State authority will meet these requirements. Under
section 602(a) of the CWA, the Administrator is authorized to include
specifications in the capitalization grant agreement that are in addition to
those required by section 602(b). Pursuant to this authority, EPA will also
require States to agree to conduct reviews of the potential environmental
impacts of all other section 212 POTW construction projects receiving
assistance from the SRF. If the State chooses to, it may apply a
different environmental review process to these other projects. If so, the RA
will evaluate and approve this process on the basis of additional guidance that
is also included in Appendix D. This "second tier" process differs in
scope and rigor from the NEPA‑like process required for equivalency
projects under section 602(b)(6).
Changes to both the NEPA‑like and second‑tier environmental
review process must be approved by the RA.
In the annual review, the RA will determine whether the appropriate
environmental reviews have been conducted on all treatment works projects, as
defined in section 212, that have received assistance from the SRF.
B. The New Mexico Environment
Department (NMED) pursuant to NMSA 1978, 9‑7A‑6 revised and adopted
the procedures as outlined at 40 CFR Part 6 ‑ Procedures for Implementing
the Requirements of the Council on Environmental Quality on the National
Environmental Policy Act of 1969 (NEPA).
C. NMED is authorized by NMSA 1978,
Sections 74-6A-4.A, 5.B and F of the Wastewater Facility Construction Loan Act
to establish and administer a program to make loans to local authorities for
construction or modification of wastewater facilities. In carrying out this responsibility, the
Secretary of the Environment Department has adopted policies, requirements,
procedures, and guidelines for administration of the SRF which includes the
primary responsibility for conducting environmental reviews and evaluations of
SRF projects. Legal remedies available
to the public to challenge environmental review determinations and enforcement
pursuant to this procedure are provided by appeal by an aggrieved party(s) of
the determination or action through administrative channels to higher
authorities within the NMED.
D. The New Mexico Water Quality Act,
NMSA 1978, Sections 74‑6‑1 to 17, created the Water Quality Control
Commission (WQCC) which is the state water pollution control agency for all
purposes of the federal Clean Water Act, as amended. The WQCC may take all action necessary and appropriate to secure
to New Mexico and its political subdivisions the benefits of the federal
act. The Water Quality Act identifies
legal remedies available to it and its constituent agencies (including NMED) in
enforcement of its regulations, and legal remedies available to the public
regarding implementation of programs covered by the Water Quality Act which
includes the SRF). [10-22-88; 11-30-95; 20.7.7.8
NMAC Rn, 20 NMAC 7.7.106 & A, 7/16/2000]
20.7.7.9
CONSTRUCTION. This
Part shall be liberally construed to carry out the purposes of the Act. If any provision or application of this Part
is held invalid, the remainder or its application to other situations or
persons shall not be affected.
[11-30-95; 20.7.7.9 NMAC Rn, 20 NMAC 7.7.107,
7/16/2000]
20.7.7.10
COMPLIANCE WITH OTHER
REGULATIONS. Compliance with this Part does not relieve a
person from the obligation to comply with other applicable state and federal
regulations.
[11-30-95; 20.7.7.10 NMAC Rn, 20 NMAC 7.7.108,
7/16/2000]
20.7.7.11
OVERVIEW. The
process for conducting an environmental review of wastewater facility
construction projects includes the following steps:
A. Consultation. The applicant is encouraged to consult with
NMED early in project formulation or the facilities planning stage to determine
whether a project is eligible for a categorical exclusion from the remaining
substantive environmental review requirements of these procedures, to determine
alternatives to the proposed project for evaluation, to identify potential
environmental issues and opportunities for public recreation and open space,
and to determine the potential need for partitioning the environmental review
process and/or the need for an Environmental Impact Statement (EIS).
B. Determining categorical exclusion
eligibility. At the request of an applicant, NMED will determine if a project
is eligible for a categorical exclusion in accordance with the submission of a
loan application.
C. Documenting environmental
information. If the project is
determined to be ineligible for a categorical exclusion, or if no request for a
categorical exclusion is made, the potential applicant subsequently prepares an
Environmental Information Document (EID) for the project.
D. In the event that the proposed
action is of a limited nature, but does not qualify for a categorical
exclusion, and that an EID had been approved previously by the USEPA or NMED
for wastewater facilities, the responsible official may determine to what
extent updated information may suffice to provide the requisite environmental
review of the project.
E. Assessing environmental
impacts. NMED reviews the Environmental
Information Document (EID), prepares an environmental assessment (EA), and
based upon an assessment of the environmental impacts of the proposed project
the NMED:
(1)
Prepares and issues a Finding of No Significant Impact (FONSI); or
(2)
Prepares or issues a Notice of Intent to prepare an original or supplemental
EIS and Record of Decision (ROD).
F. Monitoring. The construction and post‑construction
operation and maintenance of the facilities are monitored to ensure
implementation of mitigation measures identified in the FONSI or ROD. [10-22-88; 11-30-95;
20.7.7.11 NMAC Rn, 20 NMAC 7.7.200 & A, 7/16/2000]
20.7.7.12
CONSULTING DURING THE
FACILITIES PLANNING PROCESS. The responsible official shall initiate the
environmental review process early to identify environmental effects, avoid
delays, and resolve conflicts. The
environmental review process should be integrated throughout the facilities
planning process. Potential applicants
should consult with NMED early in the facilities planning process. The consultation would be most useful during
the evaluation of project alternatives prior to the selection of a preferred
alternative, to assist in resolving any identified environmental problems.
[10-22-88; 11-30-95; 20.7.7.12 NMAC Rn, 20 NMAC
7.7.201 & A, 7/16/2000]
20.7.7.13
COORDINATION WITH OTHER
ENVIRONMENTAL REVIEW AND CONSULTATION REQUIREMENTS.
Pertinent laws, regulations, or executive orders which should be
included in a coordinated environmental review effort:
A. ENVIRONMENTAL:
(1) Archeological and Historic Preservation
Act of 1974, PL 93-291
(2)
Clean Air Act, 42 U.S.C. 7506(c)
(3)
Coastal Barrier Resources Act, 16 U.S.C. 3501 et seq.
(4)
Coastal Zone Management Act of 1972, PL 92-583, as amended
(5)
Endangered Species Act 16 U.S.C. 1531 et seq.
(6)
Executive Order 11593, Protection and Enhancement or the Cultural
Environment
(7)
Executive Order 11988, Floodplain Management
(8)
Executive Order 11990, Protection of Wetlands
(9)
Farmland Protection Policy Act, 7 U.S.C. 4201 et seq.
(10)
Fish and Wildlife Coordination Act, PL 85-624, as amended
(11)
National Historic Preservation Act of 1966, PL 89-665, as amended
(12)
Safe Drinking Water Act, section 1424 (e), PL 92-523, as amended
(13)
Wild and Scenic Rivers Act, PL 90-542, as amended
(14)
Historic Sites Act of 1935, 16 U.S.C. 461 et seq.
B. ECONOMIC:
(1)
Demonstration Cities and Metropolitan Development Act of 1966, PL
89-754, as amended
(2)
Section 306 of the Clean Air Act and Section 508 of the Clean Water Act,
including Executive Order 11738. Administration of Clean Air Act and the Federal
Water Pollution Control Act with Respect to Federal Contracts, Grants, or Loans
(1) Age Discrimination Act, PL 94-135
(2) Civil Rights Act of 1964, PL 88-352
(3) Section 13 of PL 92-500; Prohibition against sex discrimination under the Federal Water Pollution Control Act
(4) Executive Order 11246, Equal Employment Opportunity
(5) Executive Orders 11625 and 12138, Womens and Minority Business Enterprise
(6) Rehabilitation Act of 1973, PL 93-112 (including Executive Orders 11914 and 11250)
D. MISCELLANEOUS AUTHORITY:
(1) Uniform Relocation and Real Property Acquisition Policies Act of 1970.
(2) Executive Order 12549 - Debarment and Suspension
[20.7.7.13 NMAC Rn, 20 NMAC 7.7.202 & A, 7/16/2000]
20.7.7.14
REVIEW OF COMPLETED
FACILITIES PLANS. NMED shall review the completed facilities
plan with particular attention to the EID and its utilization in the
development of alternatives and the selection of a preferred alternative. An adequate EID shall be an integral part of
any facilities plan submitted to NMED.
The EID shall be of sufficient scope to enable the responsible official
to make determinations on requests for partitioning the environmental review
process and for preparing an EA.
[10-22-88; 11-30-95; 20.7.7.14 NMAC Rn, 20 NMAC
7.7.300 & A, 7/16/2000]
20.7.7.15 ENVIRONMENTAL ASSESSMENT. The
environmental assessment process shall cover all potentially significant
environmental impacts. NMED personnel
shall assess environmental impacts before the facilities plan approval. The EID shall address all elements in 40 CFR
Part 6 and follow NMED guidance.
A.
Minimizing adverse effects of the proposed action.
(1)
Structural and nonstructural measures, directly or indirectly related to
the facilities plan, to mitigate or eliminate adverse effects on the human and
natural environments shall be identified during the environmental review. Among other measures, structural provisions
include changes in facility design, size, and location; nonstructural
provisions include staging facilities, monitoring and enforcement of
environmental regulations, and local commitments to develop and enforce land
use regulations.
(2)
NMED shall not accept a facilities plan, nor approve loan assistance for
its implementation, if the applicant has not made, or agreed to make, changes
in the project, in accordance with determinations made in a FONSI or the ROD
for a EIS. NMED shall condition a loan
or seek other ways to ensure that the applicant will comply with such environmental
review determinations.
[20.7.7.15 NMAC Rn, 20 NMAC 7.7.301 & A,
7-16-2000]
20.7.7.16
FONSI/EID DETERMINATION. The
responsible official shall apply the criteria under Section 20.7.7.19 NMAC to
the following:
A. A complete facilities plan;
C. Other documentation deemed necessary
by the responsible official adequate to make an EIS determination by NMED. Following an independent environmental
review of the projects, the responsible official shall document in writing the
reasons for his determination to issue a FONSI or to prepare an EIS. The responsible official's determination to
issue a FONSI or to prepare an EIS shall constitute final NMED action.
[10-22-88; 11-30-95; 20.7.7.16 NMAC Rn, 20 NMAC
7.7.302 & A, 7/16/2000]
20.7.7.17
PARTITIONING THE
ENVIRONMENTAL REVIEW PROCESS.
A. Purpose. Under certain circumstances, the building of a component/portion
of a wastewater treatment system may be justified in advance of completing all
environmental review requirements for the remainder of the system(s). When there are overriding considerations of
cost or impaired program effectiveness the responsible official may approve a
loan for a discrete component of a complete wastewater treatment
system(s). The process of partitioning
the environmental review for the discrete component shall comply with the
criteria and procedures described in subsection (B) of this section. In addition, all reasonable alternatives for
the overall wastewater treatment works system(s), of which the component is a
part, shall have been previously identified and each part of the environmental
review for the remainder of the overall facilities plan shall comply with all
requirements under Section 20.7.7.14 NMAC and 20.7.7.15 NMAC.
B. Criteria for partitioning. The project component must:
(1)
Immediately remedy a severe public health, water quality or other
environmental problem;
(2) Not foreclose any reasonable alternatives identified for the
overall wastewater treatment works system(s);
(3)
Not cause significant adverse direct or indirect environmental impacts
including those which cannot be acceptably mitigated without completing the
entire wastewater treatment system of which the component is a part; and
(4)
Not be highly controversial.
C. Request for partitioning. The applicant's request for partitioning must
contain the following:
(1)
A description of the discrete component proposed for construction before
completing the environmental review of the entire facilities plan;
(2)
How the component meets the above criteria;
(3)
The environmental information required by Sections 20.7.7.14 NMAC and
20.7.7.15 NMAC for the component; and
(4)
Any preliminary information that may be important to NMED in an EA
determination for the entire facilities plan.
D. Approval of requests for
partitioning. The responsible official
shall:
(1)
Review the request for partitioning against all requirements of this
procedure;
(2)
If approvable, prepare and issue a FONSI;
(3) Include a loan condition prohibiting the
building of additional or different components of the entire facilities plan
for which the environmental review is not complete.
[10-22-88; 20.7.7.17
NMAC Rn, 20 NMAC 7.7.303 & A, 7/16/2000]
20.7.7.18
FINDING OF NO SIGNIFICANT
IMPACT (FONSI) DETERMINATION.
A. Criteria for producing and
distributing a FONSI. If, after completion of the environmental assessment, NMED
determines that an EIS will not be required, the responsible official shall
issue a FONSI. The FONSI will be based
on NMED independent review of the EID and any other environmental information
deemed necessary by the responsible official, consistent with the requirements
of Sections 20.7.7.14 NMAC and 20.7.7.15 NMAC.
The FONSI shall list mitigation measures necessary to make the
recommended alternative environmentally acceptable.
B. Proceeding with loan agreement.
(1)
Once the issued FONSI becomes effective for the facilities plan for the
study area, after a thirty (30) day public comment period a loan agreement may
proceed unless the responsible official determines that the project or
environmental conditions have changed significantly from that which underwent
environmental review.
(2)
For an EID five or more years old, the responsible official shall re‑evaluate
the project, environmental conditions, and public views, and, prior to approval
of loan agreement, either:
(a) Reaffirm‑‑issue a public notice reaffirming the
original environmental determination to proceed with the project without
revising the EID;
(b) Supplement‑‑require an update of the EID, issue
and distribute a revised FONSI or
(c) Reassess‑‑withdraw the FONSI and publish a notice
of intent to produce an EIS, followed by the preparation, issuance, and
distribution of the EIS and ROD.
C. Revisions to the Project.
(1)
Statement of Findings. If the
project scope of work is revised after FONSI has been issued, but the revision
is determined by NMED to be a minor revision, NMED shall issue a Statement of
Findings (SOF) documenting the reason for the revision and its impact, if any,
on the environment. The SOF shall be distributed to parties who previously
indicated interest in the project environmental review process.
(2)
Amendment. If the project scope
of work is revised after a FONSI has been issued, but the revision is
determined by NMED to be significant, NMED shall issue an amendment to the
FONSI with proper public notification as identified in Section 20.7.7.23 NMAC
and shall provide for a public meeting to discuss the amendment. [10-22-88; 11-30-95;
20.7.7.18 NMAC Rn, 20 NMAC 7.7.304 & A, 7/16/2000]
20.7.7.19 CRITERIA FOR INITIATING
ENVIRONMENTAL IMPACT STATEMENTS (EIS). Conditions requiring an
EIS. The responsible official shall
assure that an EIS will be prepared and issued when it is determined that the
proposed project will cause any of the following conditions to exist, or when:
A. The
project may significantly affect the pattern and type of land use (industrial,
commercial, agricultural, recreational, residential) or growth and distribution
of population;
B. The effects resulting from any
structure or facility constructed or operated may conflict with local,
regional, or state land use plans or policies;
C. The project may have significant
adverse effects on wetlands, including indirect and cumulative effects, or any
major part of the project may be located in wetlands;
D. The project may significantly affect
a habitat identified on the Department of the Interior' or the State's
threatened and endangered species lists, or may be located in the habitat;
E. Implementation
of the project may directly cause or induce
changes that significantly displace population, alter the character of existing
residential areas, adversely affect a floodplain, or adversely affect
significant amounts of important farmlands or agricultural operations on this
land.
F. The project may directly,
indirectly, or cumulatively have significant adverse effects on parklands, preserves,
other public lands, or areas of recognized scenic, recreational,
archaeological, or historic value;
G. The project may directly, or through
induced development, have a significant adverse effect upon local ambient air
quality, local ambient noise levels, surface water or groundwater quality or
quantity, water supply, fish, shellfish, wildlife, and their natural habitats;
H. The treated effluent is being
discharged into a body of water where the present classification is too lenient
or is being challenged as too low to protect present or recent uses, and the
effluent will not be of sufficient quality or quantity to meet the requirements
of these uses; or
I. Other conditions. The responsible official shall also consider
preparing an EIS if the project is highly controversial; the project, in
conjunction with related federal, state, local, or tribal resource projects,
produces significant cumulative impacts; or if it is determined that the
treatment works may violate federal, state, local, or tribal laws or
requirements imposed for the protection of the environment.
[10-22-88; 20.7.7.19 NMAC Rn, 20 NMAC 7.7.305 & A, 7/16/2000]
20.7.7.20
ENVIRONMENTAL IMPACT
STATEMENT (EIS) PREPARATION.
A. Steps in preparing the EIS. In addition to the other requirements
specified in this procedure, the responsible official will conduct the
following activities:
(1)
Notice of intent. If a determination
is made that an EIS will be required, the responsible official shall prepare
and distribute a notice of intent.
(2)
Scoping. As soon as possible,
after the publication of the notice of intent, the responsible official will
convene a meeting of affected federal, state, and local agencies, or affected
Indian tribes, the applicant and other interested parties to determine the
scope of the EIS. As part of the
scoping meeting, NMED will, as a minimum:
(a) Determine the significance of issues for
and the scope of those significant issues to be analyzed in depth in the EIS;
(b) Identify the preliminary range of alternatives to be
considered;
(c) Identify potential cooperating agencies
and determine the information or analyses that may be needed from cooperating
agencies or other parties;
(d) Discuss the method for EIS preparation and the public
participation strategy;
(e) Identify consultation requirements of other environmental
laws; and
(f) Determine the relationship between the EIS and the completion
of the facilities plan and any necessary coordination arrangements between the
preparers of both documents.
(3)
Identifying and evaluating alternatives. Immediately following the scoping process, the responsible
official shall commence the identification and evaluation of all potentially
viable alternatives to adequately address the range of issues identified in the
scoping process. Additional issues may
be addressed, or others eliminated, during this process and the reasons
documented as part of the EIS.
B. Methods for preparing EIS. After NMED determines the need for an EIS,
it shall select one of the following methods for its preparation:
(1)
By NMED contracting directly with a qualified consulting firm;
(2) By utilizing a third party method whereby
the responsible official enters into "third party agreements" for the
applicant to engage and pay for the services of a third party to prepare the
EIS. Such agreement shall not be
initiated unless both the applicant and the responsible official agree to its
creation. A third party agreement will
be established prior to the applicant's EID and eliminate the need for the
document. In proceeding under the third
party agreement, the responsible official shall carry out the following
practices:
(a) In consultation with the applicant, choose the third
contractor and manage that contract;
(b) Select the consultant based on ability and absence of conflict
of interest. Third party contractors
will be required to execute a disclosure statement prepared by the responsible
official signifying they have no financial or other conflicting interest in the
outcome of the project; and
(c) Specify the information to be developed
and supervise the gathering, analysis, and presentation of the information. The responsible official shall have sole
authority for approval and modification of the statements, analyses, and
conclusions included in the third party EIS.
[10-22-88; 11-30-95; 20.7.7.20 NMAC Rn, 20 NMAC
7.7.306, 7/16/2000]
20.7.7.21
THE ENVIRONMENTAL IMPACT
STATEMENT (EIS) FORMAT. Preparers of EIS must conform with the requirements
of 40 CFR, Part 1502, in writing the EIS.
The format used for the EIS shall encourage good analysis and clear
presentation of alternatives, including the proposed action, and their
environmental, economic, and social impacts.
The following standard format for EISs should be used unless the
responsible official determines that there is a compelling reason to do
otherwise:
A. Cover Sheet;
B. Executive Summary;
C. Table of Contents;
D. Purpose of and need for action;
E. Alternatives including proposed
action;
F. Affected environment;
G. Environmental consequences of the
alternative;
H. Coordination (includes list of
agencies, organizations, and persons to whom copies of the EIS are sent);
I. List of preparers;
J. Index (commensurate with complexity
of EIS);
K. Appendices.
[10-22-88; 20.7.7.21 NMAC Rn, 20 NMAC 7.7.310
& A, 7/16/2000]
20.7.7.22
MONITORING FOR COMPLIANCE.
A. General. The responsible official shall ensure adequate monitoring of
mitigation measures and other loan conditions identified in the FONSI or ROD.
B. Enforcement. If the applicant fails to comply with loan
conditions, the responsible official may consider applying the sanctions.
[10-22-88; 20.7.7.22 NMAC Rn, 20 NMAC 7.7.308
& A, 7/16/2000]
20.7.7.23
PUBLIC, FEDERAL AGENCY, AND
OTHER STATE AGENCY INVOLVEMENT.
A. The NMED shall make diligent efforts
to involve the public in the environmental review process consistent with
program regulations and State Clearinghouse for Intergovernmental Review
policies on public participation. The
responsible official shall ensure that public notice is provided and shall
ensure that public involvement is carried out following state policies and
guidelines on public participation.
B. General. It is NMED's policy that certain public participation steps be
achieved before NMED completes the environmental review process. As a minimum potential
applicants shall conduct one public hearing prior to formal adoption of a
facilities plan to discuss the proposed facilities plan and any needed
mitigation measures.
C. Publication of notices of
intent. As soon as practicable after
his decision is rendered to issue a categorical exclusion or FONSI, or to
prepare an EIS (but before the signing process), the responsible official shall
send the notice of intent to interested and affected members of the public, and
shall publish the notice of intent in a newspaper of general circulation in the
community of the project.
D. The responsible official shall not
take administrative action on the project for at least thirty (30) calendar
days after release of the notice of determination on the categorical exclusion
or release of the FONSI to allow time for public response.
E.
EIS. The responsible official shall follow, as applicable, procedures
identified at 40 CFR, Part 6, Subpart B, for official filing requirements,
availability of documents, commenting process, and supplements to the EIS.
F.
Record of Decision. The responsible official shall disseminate
the record of decision to those parties which commented on the draft or final
EIS. One copy shall be submitted to
EPA.
G. Scope. The responsible official may institute
additional NEPA‑related public participation procedures as are deemed
necessary during the environmental review process.
[10-22-88; 11-30-95;
20.7.7.23 NMAC Rn, 20 NMAC 7.7.309 & A, 7/16/2000]
HISTORY OF 20.7.7 NMAC:
Pre-NMAC History:
Material in the part was derived from that previously filed with the
commission of public records state records center and archives:
HED 88-3 (EID), New Mexico Health and Environment Department, Environmental
Improvement Division, Review Procedures for Projects Funded Through The
Wastewater Facility Construction Loan Program, 9/22/88
OTHER HISTORY:
20 NMAC 7.7, Wastewater and Water Supply Facilities Review Procedures
For Wastewater Construction Loans, 10/25/95