New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 6 - WATER QUALITY › Part 6 - GROUND WATER PROTECTION - SUPPLEMENTAL PERMITTING REQUIREMENTS FOR DAIRY FACILITIES › Section 20.6.6.7 - DEFINITIONS

Current through Register Vol. 35, No. 13, July 16, 2024
A. Terms defined in
				the Water Quality Act and 20.6.2.7 NMAC shall have the meanings as given in
				such.
B. As used in 20.6.6 NMAC,
				but not in other sections of 20.6.2 NMAC, a term defined in this part shall
				have the following meaning.
(1) "Adjacent"
				means lying near, but lacking actual contact along a boundary or at a
				point.
(2) "Applicant" means the
				person applying for a new, renewed or modified discharge permit.
(3) "Construction quality assurance" or "CQA"
				means a planned system of activities necessary to ensure that standards and
				procedures are adhered to and that construction and installation meet design
				criteria, plans and specifications. A CQA includes inspections, verifications,
				audits, evaluations of material and workmanship necessary to determine and
				document the quality of the constructed impoundment or structure, and
				corrective actions when necessary.
(4) "Construction quality control" or "CQC"
				means a planned system of operational techniques and activities used to
				preserve the quality of materials and ensure construction to specifications.
				Elements of a CQC include inspections, testing, data collection, data analysis
				and appropriate corrective actions.
(5) "Contiguous" means being in actual
				contact along a boundary or at a point.
(6) "CQA/CQC Report" means a report that
				summarizes all inspection, testing, data collection, data analysis and any
				corrective actions completed as part of CQA or CQC for a project.
(7) "Dairy facility" means the production
				area and the land application area, where the discharge and associated
				activities will or do take place.
(8) "Dairy rule" means 20.6.6 NMAC, as
				amended.
(9) "Date of postal
				notice" means the date when the United States postal service (USPS) first makes
				notice to the applicant or permittee of its possession of certified mail
				addressed to the applicant or permittee.
(10) "Discharge volume" means the measured
				daily volume of wastewater actually discharged within the production area. This
				definition does not include the volume of wastewater discharged to the land
				application area.
(11) "EPA" means
				the United States environmental protection agency.
(12) "Existing dairy facility" means a dairy
				facility that is currently discharging, or has previously discharged and has
				not been issued a notice from the department verifying that closure and
				post-closure monitoring activities have been completed.
(13) "Existing impoundment" means an
				impoundment that is currently receiving or has ever received wastewater or
				collected stormwater and that has not been closed pursuant to a discharge
				permit.
(14) "Expiration" means the
				date upon which the term of a discharge permit ends.
(15) "Field" means a unit of irrigated
				cropland within the land application area cultivated in the same manner to grow
				a specific crop for the uptake and removal of nutrients.
(16) "Flow meter" means a device used to
				measure the volume of water, wastewater or stormwater that passes a particular
				reference section in a unit of time.
(17) "Freeboard" means the vertical distance
				between the elevation at the lowest point of the top inside edge of the
				impoundment and the design high water elevation of the water level in the
				impoundment.
(18) "Impoundment"
				means any structure designed and used for storage or disposal by evaporation of
				wastewater, stormwater, or a combination of both wastewater and stormwater. A
				multiple-cell impoundment system having at least one shared berm or barrier
				whose smallest cells have a cumulative constructed capacity of 10 percent or
				less of the constructed capacity of the largest cell shall be considered a
				single impoundment for the purposes of the dairy rule. A wastewater or
				stormwater transfer sump or a solids settling separator is not an
				impoundment.
(19) "Land application
				area" means irrigated and cultivated fields collectively authorized by a
				discharge permit to receive wastewater or stormwater applications as a source
				of nutrients managed for crop production.
(20) "Land application data sheet" means a
				form used to report all nitrogen inputs applied to each fields within the land
				application area, including the cropping status of the fields at the time of
				application (i.e., fallow, corn, wheat, etc.).
(21) "Manure" means an agricultural waste
				composed of excreta of animals, and residual bedding materials, waste feed or
				other materials that have contacted excreta from such animals.
(22) "Maximum daily discharge volume" means
				the total daily volume of wastewater (expressed in gallons per day) authorized
				for discharge by a discharge permit. This definition does not include the
				volume of wastewater discharged to the land application area.
(23) "New dairy facility" means a dairy
				facility that has never before discharged wastewater.
(24) "Permittee" means a person who is issued
				or receives by transfer a discharge permit for a dairy facility or, in the
				absence of a discharge permit, a person who makes or controls a discharge at a
				dairy facility.
(25) "Production
				area" means that part of the animal feeding operation that includes the
				following: the animal confinement areas; the manure, residual solids and
				compost storage areas; the raw materials storage areas; and the wastewater and
				stormwater containment areas. The animal confinement areas include but are not
				limited to open lots, housed lots, feedlots, confinement barns, stall barns,
				free stall barns, milkrooms, milk centers, cowyards, barnyards, hospital pens
				and barns, and animal walkways. The manure, residual solids and compost storage
				areas include, but are not limited to, storage sheds, stockpiles, static piles,
				and composting piles. The raw materials storage areas include, but are not
				limited, to feed silos, silage storage areas, feed storage barns, and liquid
				feed tanks. The wastewater and stormwater containment areas include, but are
				not limited to, settling separators, impoundments, sumps, runoff drainage
				channels, and areas within berms and diversions which prohibit uncontaminated
				stormwater from coming into contact with contaminants.
(26) "Spillway" means a structure used for
				controlled releases from an impoundment designed to receive stormwater, in a
				manner that protects the structural integrity of the impoundment.
(27) "Stormwater" means direct precipitation
				and runoff that comes into contact with water contaminants within the
				production area of a dairy facility.
(28) "Unauthorized discharge" means a release
				of wastewater, stormwater or other substances containing water contaminants not
				approved by a discharge permit.
(29) "Wastewater" means water, that has come
				into contact with water contaminants as a result of being directly or
				indirectly used in the operations of a dairy facility including, but not
				limited to, the following: washing, cleaning, or flushing barns or other
				roof-covered production areas; washing of animals; spray-cooling of animals
				(except in open lots); and cooling or cleaning of feed mills and equipment.
				Wastewater does not include overflow from the drinking water system or
				stormwater unless overflow or stormwater that is collected is comingled with
				wastewater, or it comes into contact with water contaminants as a result of
				being directly or indirectly used in dairy facility operations.