New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 15 - OIL AND GAS › Part 36 - SURFACE WASTE MANAGEMENT FACILITIES › Section 19.15.36.12 - PERMIT APPROVAL, DENIAL, REVOCATION, SUSPENSION, MODIFICATION OR TRANSFER

Current through Register Vol. 35, No. 13, July 16, 2024
A.
				Granting of permit.
(1) The division may
				issue a permit for an new surface waste management facility or major
				modification upon finding that an acceptable application has been filed, that
				the conditions of
				19.15.36.9
				NMAC and
				19.15.36.11
				NMAC have been met and that the surface waste management facility or
				modification can be constructed and operated in compliance with applicable
				statutes and rules and without endangering fresh water, public health or the
				environment.
(2) Each permit the
				division issues for a new surface waste management facility shall remain in
				effect for 10 years from the date of its issuance. If the division grants a
				permit for a major modification of a surface waste management facility, the
				permit for that surface waste management facility shall remain in effect for 10
				years from the date the division approves the major modification.
(a) A surface waste management facility
				permit may be renewed for successive 10-year terms. If the holder of a surface
				waste management facility permit submits an application for permit renewal at
				least 120 days before the surface waste management facility permit expires, and
				the operator is not in violation of the surface waste management facility
				permit on the date of its expiration, then the existing surface waste
				management facility permit for the same activity shall not expire until the
				division has approved or denied an application for renewal. If the division has
				not notified the operator of a violation, if the operator is diligently
				pursuing procedures to contest a violation or if the operator and the division
				have signed an agreed compliance order providing for remedying the violation,
				then the surface waste management facility permit shall continue in effect as
				above provided notwithstanding the surface waste management facility permit
				violation's existence. A surface waste management facility permit continued
				under this provision remains fully effective and enforceable.
(b) An application for permit renewal shall
				include and adequately address the information necessary for evaluation of a
				new surface waste management facility permit as provided in Subsection C of
				19.15.36.8
				NMAC. Previously submitted materials may be included by reference provided they
				are current, readily available to the division and sufficiently identified so
				that the division may retrieve them.
(c) Upon receipt of a proposed decision to
				approve a renewal application, the operator shall give public notice in the
				manner prescribed by
				19.15.36.9
				NMAC. The division shall grant an application for renewal if the division finds
				that an acceptable application has been filed, that the conditions of
				19.15.36.9
				NMAC and
				19.15.36.11
				NMAC have been met and that the surface waste management facility can be
				operated in compliance with applicable statutes and rules and without
				endangering fresh water, public health or the environment.
(3) The division shall review each surface
				waste management facility permit at least once during the 10-year term, and
				shall review surface waste management facility permits to which Paragraph (2)
				of Subsection A of 19.15.36.12 NMAC does not apply at least every five years.
				The review shall address the operation, compliance history, financial assurance
				and technical requirements for the surface waste management facility. The
				division, after notice to the operator and an opportunity for a hearing, may
				require appropriate modifications of the surface waste management facility
				permit, including modifications necessary to make the surface waste management
				facility permit terms and conditions consistent with statutes, rules or
				judicial decisions.