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 188.8.131.522.E NMAC.
Steps to Evaluate your Septic System:
- Conduct a liquid waste permit search
- You (or your authorized representative) may contact your local NMED Field Office to request a liquid waste permit search.
- 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 date stamp the original evaluation report, keep a copy, and give the original back to either the owner or their authorized representative.
- If the system is un-permitted, it 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, 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 184.108.40.2062.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 220.127.116.114 NMAC utilizing a department approved form. Unpermitted liquid waste systems shall be registered pursuant to Subsections J of 18.104.22.1681 NMAC or permitted pursuant to Subsection K of 22.214.171.1241 NMAC.
- Section 126.96.36.1992.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 188.8.131.522 NMAC: (1) the system shall be sampled in accordance with permit conditions for compliance with 184.108.40.2062-604 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 of220.127.116.113 NMAC.