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