N.M. Code R. § 20.7.9.7 – Definitions

A. "Applicant" means a local authority designated as a colonias or acting on behalf of one or more colonias that meets the following criteria:
(1) placement on the current fiscal year priority list;
(2) financial capability to perform operation and maintenance and to maintain a replacement fund; and
(3) readiness to proceed.
B. "Colonias" means an identifiable unincorporated community that:
(1) is situated within 100 kilometers (approximately 62 miles) of the United States -- Mexico border;
(2) is designated by the State or county in which it is located as a colonia;
(3) is determined to be a colonia on the basis of objective criteria, including lack of adequate potable water supply, lack of adequate sewage systems and lack of decent, safe and sanitary housing, and
(4) was in existence before November 28, 1990.
C. "Commission" or "WQCC" means the New Mexico Water Quality Control Commission.
D. "Department" or "NMED" means the New Mexico Environment Department.
E. "Force account" means that the local authority provides the materials, equipment, or labor necessary to design or construct the project.
F. "Local authority" means any colonia designated as a colonia by the county within which it is situated or county, district, cooperative, association, sanitation district acting on behalf of one or more colonia.
G. "Operate and maintain" means all necessary activities including replacement of equipment or appurtenances to assure the dependable and economical function of a wastewater facility in accordance with its intended purpose.
H. "Priority system" means the system for ranking colonias wastewater construction projects for which grant applications have been received.
I. "Project" means the planning, design, construction, repair, extension, improvement, alteration, or reconstruction of the wastewater facilities by the grantee as described in the grant agreement.
J. "Project completion" means the date that operation of the completed works are initiated or capable of being initiated, whichever is earlier. This also applies to individual phases or segments.
K. "Project engineer" means the NMED staff engineer assigned to the project.
L. "Wastewater facility" means a publicly owned system for treating and/or disposing of waste, either by surface or underground methods, and includes any equipment, plant, treatment works, structure, machinery, apparatus, land, or any combination thereof, which is acquired, used, constructed, or operated for the storage, collection, reduction, recycling, reclamation, disposal, separation, or treatment of water or waste, or for the final disposal of residues resulting from the treatment of water or waste, and includes, but is not limited to: pumping and ventilating stations, facilities, plants and works, outfall sewer, interceptor sewers and collector sewers, and other real or personal property and appurtenances incident to their use or operation.
[1/29/93, 2/28/93,11/30/95; 20.7.9.7 NMAC - Rn, 20 NMAC 7.9.I.108, Recompiled 11/27/01]