New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 6 - WATER QUALITY › Part 2 - GROUND AND SURFACE WATER PROTECTION › Section 20.6.2.3108 - PUBLIC NOTICE AND PARTICIPATION

Current through Register Vol. 35, No. 13, July 16, 2024
A. Within 15 days of receipt of an
				application for a discharge permit, modification or renewal, the department
				shall review the application for administrative completeness. To be deemed
				administratively complete, an application shall provide all of the information
				required by Paragraphs (1) through (5) of Subsection F of
				20.6.2.3108
				NMAC and shall indicate, for department approval, the proposed locations and
				newspaper for providing notice required by Paragraphs (1) and (4) of Subsection
				B or Paragraph (2) of Subsection C of
				20.6.2.3108
				NMAC. The department shall notify the applicant in writing when the application
				is deemed administratively complete. If the department determines that the
				application is not administratively complete, the department shall notify the
				applicant of the deficiencies in writing within 30 days of receipt of the
				application and state what additional information is necessary.
B. Within 30 days of the department deeming
				an application for discharge permit or discharge permit modification
				administratively complete, the applicant shall provide notice, in accordance
				with the requirements of Subsection F of
				20.6.2.3108
				NMAC, to the general public in the locale of the proposed discharge in a form
				provided by the department by each of the methods listed below:
(1) for each 640 contiguous acres or less of
				a discharge site, prominently posting a synopsis of the public notice at least
				2 feet by 3 feet in size, in English and in Spanish, at a place conspicuous to
				the public, approved by the department, at or near the proposed facility for 30
				days; one additional notice, in a form approved by and may be provided by the
				department, shall be posted at a place located off the discharge site, at a
				place conspicuous to the public and approved by the department; the department
				may require a second posting location for more than 640 contiguous acres or
				when the discharge site is not located on contiguous properties;
(2) providing written notice of the discharge
				by mail or electronic mail, to owners of record of all properties within a 1/3
				mile distance from the boundary of the property where the discharge site is
				located; if there are no properties other than properties owned by the
				discharger within a 1/3 mile distance from the boundary of property where the
				discharge site is located, the applicant shall provide notice to owners of
				record of the next nearest adjacent properties not owned by the
				discharger;
(3) providing notice by
				certified mail, return receipt requested, to the owner of the discharge site if
				the applicant is not the owner; and
(4) publishing a synopsis of the notice in
				English and in Spanish, in a display ad at least three inches by four inches
				not in the classified or legal advertisements section, in a newspaper of
				general circulation in the location of the proposed discharge.