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Liquid
Waste (Septic Tank) Program "The
development of fringe areas and subdivisions that do not have access to
municipal water and sewage facilities is creating a continuously
growing problem in proper protection of the public health in these
areas. ... Septic tanks and leaching systems were never intended for
use in closely built-up areas." (Policy for Individual Water
Supplies and Sewage Disposal Systems)
This observation is just as valid today as it was 44 years ago. The New Mexico Water Quality Control Commission has informed the Congress of the United States, in every biennial report submitted pursuant to Section 305(b) of the Federal Clean Water Act from 1988 to present, that: "Household
septic tanks and cesspools constitute the single largest source of
ground water contamination in the State."
These household sewage disposal systems have contaminated more water supply wells in the State, and more acre feet of ground water, than all other sources combined.  The mission of this program, therefore, is to protect public health and water quality by ensuring that on-site disposal of household sewage is done safely. Authorizing Statutes and Regulations The N.M. Board
of Public Health adopted “Regulations Prohibiting Insanitary Toilets in
Certain Places” on June 28, 1937. The Board also
issued a “Policy for Individual Water Supplies and Sewage Disposal
Systems” on September 27, 1959. The N.M. Constitution (Article XX, Section 21), as amended on November 2, 1971, states: “The protection of the state's beautiful and healthful environment is hereby declared to be of fundamental importance to the public interest, health, safety and the general welfare. The legislature shall provide for control of pollution and control of despoilment of the air, water and other natural resources of this state, consistent with the use and development of these resources for the maximum benefit of the people.” The N.M. Environmental Improvement Act (Sections 74-1-1 through 74-1-16, NMSA, 1978), enacted in 1973, created the Environmental Improvement Board (EIB) and authorized it to adopt environmental management and consumer protection regulations for liquid waste. The EIB adopted Liquid Waste Regulations and amendments thereto in 1973, 1979,1985, 1989, 1997, and 2003. The Act was amended in 2000 to authorize liquid waste fees, and the EIB adopted fee regulations in 2001.Program
Performance NMED has issued approximately 140,000 permits for liquid waste systems since 1973, and it is estimated that approximately 225,000 systems are presently operating in the state. NMED maintains a MS Access database for liquid waste permits with more than 110,000 records. All permits currently being issued are entered into the database, and efforts are being made enter all permits dating back to 1973. NMED has set a performance goal of inspecting at least 80% of all new liquid waste systems during each fiscal year (July 1 to June 30). Click HERE for latest data on the number of liquid waste system permits issued and inspections conducted. Since Fiscal Year 2003 (FY03) the number of permits issued has steadily increased, and the percentage of new systems inspected has decreased proportionally. Starting in March 2004,
NMED began providing free nitrate, iron and fluoride tests for on-site private domestic
water supply wells during inspections.
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