Unfunded Mandates

The state of New Mexico mandates NMEV (New Mexico Environmental Department) regulate by compliance -everyPWS ( Public Water System) in the state of New Mexico.  NMEV can penalize you and even threaten penalties if your PWS is out  of compliance.  Nmev on the other hand offers funding and even offers  funds aka CWSRF (Clean Water State Revolving Fund) that they are capable of rewarding to those who qualify and meet the standards and qualifications they set to receive loans/grants from the same fund they pay themselves from for administering of the funds  of which they chose to only use 1/5% of 319 million dollars set aside for fy2020.  They follow Federal and State Law as they proceed in fulfilling their duties and services provided by the agency  assigned to this task.  If BWSD is not the only PWS failing to succeed “and its not”in fulfilling their goals that were by way of nmev duties and goals in providing services as required by Law and they NMEV by stating 

“A PWS must have the ability to achieve and maintain compliance with applicable drinking water standards so that it can provide safe and affordable water to their customers. PWSs are responsible for complying with all regulations including sampling, monitoring, reporting, performing treatment techniques, record keeping, and public notice requirements. To meet these requirements, it must perform routine monitoring and report results to the State regulatory agency. Violations must also be reported to the public and corrected. Failure to perform any of these functions can result in enforcement actions and penalties. NM’s PWSS Program”provides oversight of PWSs, determines whether the systems are in compliance with federal and state drinking water laws and regulations and takes enforcement actions when necessary to protect public health.”

When NMEV finds you out of compliance and threatens you with Penalties and fines but offers you a solution by offering you funds to come back in to compliance as long as you have the will of the people you as pws are representing in  the way and form of a legal government entity made up of and   by a duly elected board with its own bylaws in accordance with state and federal laws.  As long as the will of the people agree to take on a portion of the burden “loan”and can prove through a process and fiscal structure  NMEV designs in order to qualify for CWSRF loans and Grants .  

“Through enactment of the Wastewater Facility Construction Loan Act (Loan Act), Chapter 74, Article 6A, NMSA 1978, as amended, the New Mexico Legislature created a revolving loan fund (Fund). The purpose of the Loan Act “is to provide local authorities in New Mexico with low‐cost financial assistance in the construction of necessary wastewater facilities through the creation of a self‐sustaining program to improve and protect water quality and public health” §74‐6A‐2 NMSA (1978).”

I'm not sure what their definition of Low cost financial assistance is. I do know that even though the arsenic well water loan/Grant was nearly 90% grant and the remaining portion was loan  that was Awarded to BWSD after proving for 2 years it could  meet the requirements and policies set by NMEV  at the new incremental rate increases and structure that brings us  to the NEWEST and latest as of five years ago increased rates that brings us up to a total of 300% increase over all per month for water, sewer and refuse for a minimum total of $130.00 that shows our skin in the game sort of speak for  the purpose of addressing the issues with federal regulations concerning arsenic maximum contamination level (mcl) in our drinking water and  what also was to be found out of compliance according to state Law in way of sewer plant not having a lined lagoon.  

Due to these violations NMENV suggested and helped us through the grant and loan process so that we together could bring our PWS back into compliance with the laws and mandates of the state of New Mexico.  We are now as of 2020  7 years in the middle of our efforts in striving to work with what the  State of New Mexico that  requires- by law in following NMENV recommendation guidelines and policies to only now be told as of the latest  AUP Finacle report December 2019h , “BWSD” does not qualify for the continuation of the CWSRF Loan and now could be faced with having to pay back 1 million dollars which is more that what we owe now and far more than what we owed when NMENV said we were out of federal compliance concerning arsenic mcl and in turn at that time threatened $1,000;00  per day for being out of compliance.  

We are volunteer board members and as such  dedicate our time, money and attention to providing quality water and safely treating the wastewater as well as other vital functions, decisions and agendas concerning public safety, peace and Health.   The PWS we serve is  made up of leaders, friends and family throughout our community of which we serve and provide water,sewer and water services through board functions all at no cost to our communities.  We do pay those who do the daily task in technical operations but the board and the duties of the board are not a paid position  

The members of the board donate time, material, sweat and blood.  Some have donated trucks, pumps, power tools and equipment alongside their valuable time and attention.  Our vice President worked many hours even years without pay.  We had a hard time convincing him that we needed to see what it takes to fulfill the duties and tasks he set out to do to keep our system in compliance through invoicing . Though he never really charged for all his hours and donated his tractor even in times he did charge,  I know he did not charge for all the  actual hours worked .  Many of us have given our time and money and material to save money and keep our PWS in compliance with state regulations that also involve financial requirements and policies and I'm not sure what more the state can ask of us so that the agencies charged with doing their job can say that they performed their job successfully .  

 The New Mexico taxpayer gives the government money to run government programs that are known to fail and fail often.  I am told that this wouldn’t be the first system to fail and I was also told by others in government positions that the system is set up to fail.  This symptom of the system has been going on for decades now and still there's no concerted effort great enough to change the policies and priorities of the lawmakers of New Mexico.  Lawmakers of New Mexico could address this issue by funding the many agencies and organizations  that help PWS stay in compliance.  Agencies and Organizations Like NMRWA (New Mexico Rural Water Association) Charged with providing professionals-on- the -ground  Technical services and training, serving  1,080 PWS with a staff of under ten personnel . NMEV  serving the same 1,080 has stated “ it has become increasingly clear that significantly more staff are needed to oversee these rules as well as other portions of our compliance and assistance programs.”

North West Council of Government with a staff of six personnel  serving  72 public water systems in the Northwest Region is responsible for clerical and managerial assistance “ providing technical assistance to local entities across the many disciplines of governance. Building on strong  foundations of planning, institutional context, inter-agency collaboration and expertise.”  

 Technical assistance in helping PWS seek funding provided by all the organizations listed above  but only one of them provides on- the -ground technical services that helps PWS stay in compliance that also finds itself under funded and lacking personnel to adequately serve the needs of PWS. The  amount of additional funding needed is critical in bring PWS the tools and resources needed to be successful  so that taxpayers money will not just be wasted on Engineers Engineering empty hopes and dreams to the communities and PWS striving to keep in compliance with the State of New Mexico's rules and regulations mandated.