Property Transfer Evaluations
Prior to the transfer of a property with an established on-site liquid waste system, the transferor of the property shall have the system evaluated, Section 220.127.116.112.E NMAC.
Steps to Evaluate your Septic System:
- Conduct a liquid waste permit search:
- Note this website provide access to all system permits installed before 2017, you must contact our local field office for those systems installed 2017 or after.
- The department encourages customers to conduct their own permit search, it can save you time. See the link to the left “Find an Existing Liquid Waste Permit”. Follow the link, or
- You (or your authorized representative) may complete the permit search request form and send to your local NMED Field Office to request their assistance in finding a liquid waste permit number.
- After you find a permit number; DO NOT CLICK ON THE PERMIT NUMBER the links are broken and may provide incorrect information. Please contact your local field office via email or phone and request a copy of the permit file.
- If the system is permitted, a qualified evaluator may proceed to evaluate the permitted system prior to transfer and provide the Department approved evaluation report to NMED within 15 days of the evaluation.
- NMED will charge a $50 fee to be paid before the report is date stamped as received. The evaluation report, an official record will be provided for your use in property transfers . The department will place a copy on file with the permit.
- If the owner is unable to provide evidence of a permit and the department cannot find an associated permit in the files the system is then considered un-permitted. The system may be registered/permitted if it passes inspection by either an NMED Inspector or an Installer Specialist.
- If an un-permitted system fails evaluation, the owner is responsible for obtaining a permit to remedy any deficiencies found during evaluation.
- For advanced treatment systems and holding tanks, at the time of transfer of ownership, the new owner shall submit an amendment of permit updating the ownership change and also provide the department a copy of the valid maintenance and sampling contract in the name of the new owner.
The Liquid Waste Regulations state:
- Section 18.104.22.1682.E NMAC – Prior to the transfer of a property with an established on-site liquid waste system, the transferor of the property shall have the system evaluated. Liquid waste systems shall be evaluated by an evaluator qualified in accordance with Subsection B of 22.214.171.1244 NMAC utilizing a department approved form. Unpermitted liquid waste systems shall be registered pursuant to Subsections J of 126.96.36.1991 NMAC or permitted pursuant to Subsection K of 188.8.131.521 NMAC.
- Section 184.108.40.2062.H NMAC – Evaluations shall be recorded on forms approved by the department. Evaluation reports shall be kept on file by the evaluator of the on-site liquid waste system. Evaluators shall submit to the department copies of all evaluation reports, whether completed or not, within 15 days of the evaluation. A permit or variance application shall be submitted within 15 days of the evaluation by the party who is or will be the owner of the property on the 15th day following the evaluation to correct any deficiencies or permit violations identified by the evaluation. In addition, all evaluation reports shall include the global positioning system (GPS) coordinates of the treatment unit. Once an evaluation is requested, all results, whether complete or not, shall be submitted to the department.
- Section 20.7.902 G NMAC – For permitted advanced treatment systems, in addition to the requirements of Subsection F of 220.127.116.112 NMAC: (1) the system shall be sampled in accordance with permit conditions for compliance with 18.104.22.1682-604 NMAC if a regularly scheduled sampling event has not occurred within 180 days of the evaluation; the sampling results shall be included with the system report; if a regularly scheduled sampling event has occurred within 180 days of the evaluation, the results of the sampling shall be included in the evaluation report; and 20.7.3 NMAC 41 (2) an amendment of permit reflecting ownership change is required pursuant to Subsection E of22.214.171.1243 NMAC.