Inadequate foundation to successfully improve Community Public Water systems infrastructure
- Paul Spencer, W.I.L.L. for Prosperity
- Dec 26, 2023
- 9 min read
EPA’s Distribution of Superfund Human Resources Does Not Support Current Regional Workload https://www.epa.gov/sites/production/files/2017-09/documents/_epaoig_20170919-17-p-0397_glance.pdf
1.Hundreds of millions of dollars lost in over paid invoices. https://www.epa.gov/sites/production/files/2019-05/documents/_epaoig_20190531-19-p-0163.pdf
2. Hundreds of millions of dollars lost in Management pocketing and or misspending funds . https://www.epa.gov/sites/production/files/2019-05/documents/_epaoig_201904-epa-350-r-19-001.pdf
3. Enterprise customer service solutions program since 2010 has not been successfully implemented due to loss of full time employees
NMED operates at a 30 % Vacancy rendering them unable to fulfill their mission
NMED only received 1/5 of a percentage of the New Mexico General fund, in comparison public schools receive 37%
NMED for decades has not received or applied for Federal matching dollar for dollar funding for water and waste water infrastructure improvement projects.
http://sg001-harmony.sliq.net/00293/Harmony/en/PowerBrowser/PowerBrowserV2/20201204/-1/66783#info_hr start @2:18
NMED chooses to only use .02% of the Clean water revolving fund instead of the up to 31% available to administer the fund with current valuation at more than $336 million available in the CWSRF
In the September 8th hearing 2020 Nmed along with nmfa made policy changes to make it easier for community public water systems (cpws) to obtain funding with opportunity to provided cpws that fall under defined descriptions based on population and poverty factors that are taken into consideration for allocation of clean water state revolving funds at a low or no interest rate to applicants of the cwsrf . Nmed/nmfa also stated in their use of language in the hearing, that if the clean water state revolving fund (cwsrf) isn’t used by smaller communities in a Allotted maner of time , the cwsrf (cwsrf specifically defined by the clean drinking water act to be set aside for smaller communities) will become available to bigger communities(cities) in efforts to not allow the funds to be stagnant.
This is just a bandaid attempt to create the impression that the cwsrf is being used and progress is being made when in reality Small Community Public Water Systems SCPWS continue to be neglected.
Currently right here and now at this time there is no realistic or adequate foundation/ structure to support cpws in a sufficient way to address the current workload(infrastructure improvement projects)as to efficiently produce productive and Proficient outcomes that meet the demands of the times we live in due to the currently failing New Mexico State primacy programs. https://docs.google.com/spreadsheets/d/14G3lhDTalV4AY8qsfeOEphf5HEQoqM0ghKXH_UtdYxM/edit?usp=sharing
The Link below is where the CWSRF full report Fwd: NOTICE-Results of WQCC Meeting Regarding the Clean Water State Revolving Fund -
“The CWSRF is administered by the Construction Programs Bureau ("Bureau") of the Department pursuant to procedures established and regulations adopted by the Commission at 20.7.5 NMAC. NMSA 1978, § 74-6A-4(A) (2018). Congress appropriates funds for fiscal years to be allotted for grants for constructing needed publicly owned treatment works in each State, 33 U.S.C. § 1285 (1998), which are administered as a dedicated fund by the Bureau as agent for the Commission, pursuant to NMSA 1978, § 74-6A-4.1 (2007).As promulgated by the Commission, the associated conditions local authorities must meet for hardship rates, as set forth in 20.7.5.14(H)(3) NMAC, effectively limit financial assistance (grant subsidies) to rural communities. Applicable federal statutes and regulations on the determination of the priority to be given for each category of projects for construction of publicly owned treatment works provide that "[t]he [State] priority system should give high priority to projects in priority water quality areas." See, 33 U.S.C. § 1296 (1981); 40 C.F.R. § 35.2015(b) (2015). State priority ranking systems must include criteria for ranking projects including at least (a) "[t]he impairment of classified water uses resulting from existing municipal pollutant discharges," and (b) "[t]he extent of surface or ground water use restoration or public health improvement resulting from the reduction of pollution." 40 C.F.R. § 35.2015(b)(1)(i) (2015). 40 C.F.R. § 35.2015(b) places importance on water quality and pollution reduction,
but make no mention of population.”
Understanding The Safe Drinking Water Act webpage provided by the EPA
This document states that
“ Funding and Assistance:
US EPA provides grants to implement state drinking water programs, and to help each state set up a special fund to assist public water systems in financing the costs of improvements (called the drinking water state revolving fund). Small water systems are given special consideration, since small systems
may have a more difficult time paying for system improvements due to their smaller customer base. Accordingly, US EPA and states provide them with extra assistance (including training and funding) as well as allowing, on
a case by- case basis, alternate water treatments that are less expensive, but still protective of public health.”
It seems that NMED and NMFA are looking for an easy way to provide needed flexibility to drawdown current CWSRF balances by making CWSRF funds more easily available to bigger more populated Cities with paid, full time staff who can better focus their efforts in navigating funding opportunities compared to volunteer board members throughout New Mexico Rural Communities struggling to keep up with keeping their Community Public Water Systems in compliance. .
If small public community water systems are struggling now to improve their infrastructure at rate increases of up to 300%, this being the best option available through the current primacy programs 2021. The burdens felt , lived through, learned and suffered by the people of the communities and the elected volunteers, serving as board members of a government entity striving to stay in compliance. If you think this is heavy and difficult today, what does tomorrow’s future hold?. Moments like these
that are possible causes of unrest and disturbances to the peace, due to moments of unsureness that could potentially create regetable instances of unrest, due to the confusion felt in communities near you, maybe even a Community you or someone you know, love or are just good friends with . Many stories can be told I’m sure.
I can remember a time when unrest was experienced by the community of Bluewater Village and the BWSD Board members when the water rates were increased. Waves of heated events took place for years it seems. I wasn’t even a part of the board at the time when rates were increased but I can remember the outrage felt throughout the community. I was once told a story by someone I highly respect. That is a story about restraining orders that had to be made against a person who lived in a community not far from the home and place of business located just a few hours from said community . Accusations of being the sole reason or cause of water and wastewater rates increasing at such an unaffordable amount or some dispute concerning the rates that created moments of unrest and threats, even death threats were made. . The many struggles and actual cost to maintain compliance to regulations, policies and procedures set by law weigh more burdensome year after year..
It is in these moments and in these interactions that were or that may continue to occur, perhaps if no corrective action is taken, (in my minds eye )makes for possibilities of more undesired moments of unrest and disturbance of the peace, that could take place due to failed policies. These failed policies could continue to facilitate these sort of moments that lack peace and unity that could and should be avoidable, and it is this I hope to attempt to address for the health safety and Peace of all people .
I just want to ask as a concerned citizen, If you think it’s difficult now? What happens when the big cities succeed in the effort to indrawdown current CWSRF balance?
What funding then would be available for New Mexico small Community public water systems already struggling to stay in compliance ?
Many of Representative Susan Herrera's exampleary efforts (but ultimately failed attempts, not due to lack of effort) to address Community Public Water systems issues, in last years 2020 legislative session, have been tossed to the wayside. For example in the 2020 House bill 248, where much needed help for small community public water Systems is clearly expressed by the language she used to compel the people to set forth an act that would be a tremendous win for the people of New Mexico.
AN ACT
RELATING TO PUBLIC FINANCE; ENACTING THE WATER ASSOCIATION
INFRASTRUCTURE ACT; CREATING A BOARD; PRESCRIBING POWERS AND
DUTIES; CREATING A TRUST FUND; CREATING A PROJECT FUND;
ALLOCATING SEVERANCE TAX BONDING CAPACITY FOR WATER ASSOCIATION
INFRASTRUCTURE PROJECTS; AUTHORIZING SEVERANCE TAX BONDS.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO
Of course hb 248 didn’t make it and was sent to interim where it was ultimately postponed indefinitely
2021 House Bill 92 was vetoed by the governor. https://www.nmlegis.gov/Legislation/Legislation?chamber=H&legType=B&legNo=241&year=21
2021 House bill 241 https://www.nmlegis.gov/Legislation/Legislation?chamber=H&legType=B&legNo=241&year=21
Was left in the void
It is time for small community public water systems to stand united and demand clean safe affordable water programs and policies to become a greater priority for all government agencies statewide.
Your Support for New Mexico county governments, clean safe and affordable water agency tasks force programs is greatly appreciated.
Over OneThousand Inspection Of Public Records Act request (IPRA)for New Mexico 2020?
I wonder what the normal trend of IPRA requests are throughout the last few decades?
?$?
The Safe Drinking Water Act (SDWA) is the primary federal law originally enacted in 1974 to protect public health by regulating the nation’s public water supplies. The SDWA applies to the 50 States, the District of Columbia, Indian Lands, Puerto Rico, the Virgin Islands, American Samoa, Guam and the Commonwealth of the Northern Mariana Islands. It was amended in 1986 and 1996 to ensure protection of the nation’s water supplies from the source (rivers, lakes, reservoirs, springs, and groundwater wells) to the tap. Contaminants can enter public water supplies from many sources, including improper disposal of chemicals; animal wastes; pesticide applications; human wastes; wastes injected deep underground; and naturally-occurring substances. Additionally, drinking water that is not properly treated or disinfected, or which travels through an improperly maintained distribution system, may also pose a health risk. The SDWA establishes national health-based standards for drinking water to protect against both naturally-occurring and man-made contaminants that may be found in drinking water and authorizes the Public Water System Supervision (PWSS) Program to ensure proper implementation of the SDWA.
The SDWA allows States and Territories to seek United States Environmental Protection Agency (EPA) approval to administer their own PWSS Programs. The authority to run a PWSS Program is called primacy. To receive primacy, States (or tribes or territories) must meet certain requirements laid out in the SDWA and the federal regulations, including the adoption of drinking water regulations that are at least as stringent as the federal regulations and a demonstration that they can enforce the program requirements. EPA currently administers PWSS Programs on all Indian lands except the Navajo Nation, which was granted primacy in late 2000. The State of New Mexico (NM) has been a primacy state since 1976 with the New Mexico Environment Department (NMED) Drinking Water Bureau (DWB) as the lead agency responsible for implementing the PWSS Program. The DWB protects drinking water quality by providing technical assistance, water system oversight, enforcement, and source water protection to NM's public water systems (PWSs).
Primacy states must implement a PWSS program adequate to enforce the requirements of the SDWA and ensure that PWSs comply with the National Primary Drinking Water Regulations. Key activities carried out by the NMED DWB under NM’s PWSS program include:
3
developing and maintaining state drinking water regulations;
• developingandmaintaininganinventoryofPWSsthroughoutthestate;
• developingandmaintainingadatabasetoholdcomplianceinformationonPWSs;
• conducting sanitary surveys of PWSs;
• reviewingPWSplansandspecifications;
• providing technical assistance to managers and operators of PWSs;
• ensuring that the PWSs regularly inform their consumers about the quality of the water that they
are providing;
• certifying laboratories that can perform the analysis of drinking water that will be used to
determine compliance with the regulations; and
• carrying out an enforcement program to ensure that PWSs comply with all of the state’s
requirements.
Each year the NMED DWB prepares and submits to EPA New Mexico’s Annual Public Water Systems Compliance Report (this report). The purpose of the report is to provide the public with a summary of the different types of drinking water violations accrued by PWSs during the previous calendar year. This report is a mandated requirement of the federally funded PWSS Program and encompasses drinking water violations that were verified during calendar year 2018. NM is required by the SDWA to make this report available to the public. The DWB posts the report on their website at: www.env.nm.gov/drinking_water/pws-info/. Interested individuals can also obtain a copy upon request to the DWB by calling toll free (877) 654-8720.
Your local Public Water Systems are looking for willing and motivated volunteers
If you have any question, concerns or would like to help in building a movement to create a better New Mexico, Please call 505-287-0156 or email me at unopablocy60@gmail.com
Thank you for your continued efforts in improving New Mexico policies, Paul L Spencer
Urgent update 9/1/21: Decades of failed policies have led scpws to believe additional government bodies aka, Quasi governments to take control of communities whose voices have been ignored for decades. Socialists ideas such as this will take the power and control from local communities and falsely place the trust of bigger governments to take care of local concerns, issues and constraints, all while continuing with the same businesses model/ structure of government that seems to be intended to function as a power grab and ultimate control. This will be another way to remove the people’s voices in small communities from being able to have any influence or vote in the rules and regulations that are being applied from tyrannical government policies. Do as i say not as I do. You and everyone you know will be allowed to use 13 gallons of water a day or be fined and penalized if you go over, but they who tell you what to do will not be affected.
Does this remind you of any of the fallowing examples of do as I say not as I do:
Progressives who are floundering around in their many jet airplanes/ modes of transportation to tell you that co2 is causing global warming( now known as climate change).
Mask mandates
Social distancing
Lock downs
Limit your red meat intake
More to come if we the American people allow the government to tell you what to do or not to do while they continue on in life, unaffected by their policies and regulations. Let’s work together to Be more involved and proactive in addressing the issues we face now by coming together as communities within the regions we live and develop a plan forward to a better tomorrow
Regionalization efforts here in New Mexico found in link below
The EPA’s convenient excuse for relaxing a range of companies’ compliance and monitoring requirements with federal clean air and water laws in response to the coronavirus pandemic. It’s not COVID-19 that caused the easing of enforcement it is that they have reduced management personnel by over 50%
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