New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 9 - SOLID WASTE › Part 4 - SOLID WASTE AND REGISTERED FACILITY MAXIMUM SIZE, SITING CRITERIA, AND DESIGN CRITERIA › Section 20.9.4.9 - SITING CRITERIA FOR MUNICIPAL, OR SPECIAL WASTE, CONSTRUCTION AND DEMOLITION LANDFILLS, AND MONOFILLS

Current through Register Vol. 35, No. 13, July 16, 2024
A. No municipal, construction and demolition,
				or special waste landfill or monofill shall be located where, on the date of
				the first public notice as required in 20.9.3 NMAC, any portion of the proposed
				disposal area is:
(1) in a floodplain, within
				500 feet of a wetlands, or within 200 feet of a watercourse unless the
				watercourse has been altered pursuant to an approval from the army corps of
				engineers or other appropriate authority;
(2) where the top of the uppermost aquifer
				will be closer than 100 feet to the bottom of the fill, or for construction and
				demolition landfills that do not accept more than 25 tons per day annual
				average, where the top of the uppermost aquifer will be closer than 50 feet to
				the bottom of the fill;
(3) where
				new, abandoned, or exploration subsurface mines registered with the New Mexico
				department of energy, minerals and natural resources a may pose a risk of
				subsidence or instability;
(4)
				within 200 feet of a fault that has had a displacement within Holocene time
				(i.e., the past 11,000 years), unless the owner or operator demonstrates to the
				secretary that an alternative setback of less than 200 feet will prevent damage
				to the structural integrity of the facility and will be protective of public
				health, welfare and the environment;
(5) within historically or archaeologically
				significant sites, unless in compliance with the Cultural Properties Act, NMSA
				1978, Sections
				18-6-1 to
				18-6-23 and the
				Prehistoric and Historic Sites Preservation Act, NMSA 1978, Sections
				18-8-1 to
				18-8-8;
(6) within 1,000 feet of a public water
				supply well or a private drinking water supply well with a sustainable yield of
				100 gallons per minute or more, unless, in the case of registered unpermitted
				landfills, the well was constructed after the landfill began
				operations;
(7) within 350 feet of
				a public water supply well or private well with a maximum sustainable yield of
				less than 100 gallons per minute, unless the well was constructed after the
				landfill began operations or the well was installed by the landfill owner or
				operator for operational use;
(8)
				within the distance to airports set by the federal aviation administration
				unless the landfill owner or operator demonstrates that the federal aviation
				administration does not object to construction and operation of the landfill at
				the proposed site;
(9) within 50
				feet of the facility property boundaries nor within 500 feet of a permanent
				residence, school, hospital, institution or church, or unless, in the case of
				registered unpermitted landfills, the permanent residence, school, hospital,
				institution or place of worship was constructed after the landfill began
				operations;
(10) in an active
				alluvial fan (i.e., areas being currently aggraded by either permanent or
				intermittent streams;
(11) within
				areas that will result in the destruction or adverse modification of the
				critical habitat of endangered or threatened species as identified in either 50
				CFR Part 17 or by the New Mexico department of game and fish in its most recent
				biennial review;
(12) within
				seismic impact zones, unless the owner or operator demonstrates that all
				containment structures, including liners, leachate collection systems, and
				surface water control systems, are designed to resist the maximum horizontal
				acceleration in lithified earth material for the site; or
(13) within an unstable area, unless the
				owner or operator demonstrates that engineering measures have been incorporated
				into the landfill design to ensure that the integrity of the structural
				components of the landfill will not be disrupted.