0001| HOUSE BILL 206 | 0002| 42ND LEGISLATURE - STATE OF NEW MEXICO - SECOND SESSION, | 0003| 1996 | 0004| INTRODUCED BY | 0005| DELORES C. WRIGHT | 0006| | 0007| | 0008| | 0009| | 0010| | 0011| AN ACT | 0012| RELATING TO THE ENVIRONMENT; ESTABLISHING STANDARDS FOR USE OF | 0013| SEPTIC SYSTEMS; REQUIRING NOTIFICATION TO PROSPECTIVE BUYERS. | 0014| | 0015| BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO: | 0016| Section 1. ACREAGE STANDARD FOR SEPTIC SYSTEMS--NOTIFICATION OF BUYERS.-- | 0017| A. The installation and use of domestic septic | 0018| systems on a tract of real property having an area of one-half | 0019| acre or more, but less than three-quarters of an acre, is | 0020| permitted if the person applying for a permit for the domestic | 0021| septic system can demonstrate to the department of environment | 0022| before the tract is occupied that: | 0023| (1) all domestic water that will be used on the | 0024| tract is obtained from an off-site community water system; | 0025| (2) depth to ground water at the site proposed | 0001| for the domestic septic system is greater than three hundred | 0002| forty feet; | 0003| (3) a soil percolation test indicates that use | 0004| of a domestic septic system on the tract will not result in | 0005| contamination of area ground water; | 0006| (4) the occupancy of the tract will be limited | 0007| to one single-family residence; and | 0008| (5) the domestic septic system tank and | 0009| drainage field will be located no less than twenty-five feet | 0010| from any boundary line of the tract. | 0011| B. The seller of any tract of real property having | 0012| an area of one-half acre or more, but less than three-quarters | 0013| of an acre, and having no connection to a city sewer or | 0014| community liquid waste disposal system available to it, shall | 0015| notify the buyer in writing prior to closing the sale of the | 0016| requirements of Subsection A of this section that must be | 0017| complied with if installation of a domestic septic system on the | 0018| tract is to be permitted. | 0019| C. Failure of a seller to give the notification | 0020| required pursuant to Subsection B of this section is a | 0021| misdemeanor and upon conviction he shall be sentenced pursuant | 0022| to the provisions of Section 31-19-1 NMSA 1978. | 0023|  |