New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 6 - WATER QUALITY › Part 2 - GROUND AND SURFACE WATER PROTECTION › Section 20.6.2.3106 - APPLICATION FOR DISCHARGE PERMITS, RENEWALS, AND MODIFICATIONS

Current through Register Vol. 35, No. 13, July 16, 2024
A. Any person who,
				before or on June 18, 1977, is discharging any of the water contaminants listed
				in
				20.6.2.3103
				NMAC or any toxic pollutant so that they may move directly or indirectly into
				ground water shall, within 120 days of receipt of written notice from the
				secretary that a discharge permit is required, or such longer time as the
				secretary shall for good cause allow, submit a discharge plan to the secretary
				for approval; such person may discharge without a discharge permit until 240
				days after written notification by the secretary that a discharge permit is
				required or such longer time as the secretary shall for good cause
				allow.
B. Any person who intends to
				begin, after June 18, 1977, discharging any of the water contaminants listed in
				20.6.2.3103
				NMAC or any toxic pollutant so that they may move directly or indirectly into
				ground water shall notify the secretary giving the information enumerated in
				Subsection B of
				20.6.2.1201
				NMAC; the secretary shall, within 60 days, notify such person if a discharge
				permit is required; upon submission of a discharge plan, the secretary shall
				review the discharge plan pursuant to
				20.6.2.3108
				and
				20.6.2.3109
				NMAC. For good cause shown the secretary may allow such person to discharge
				without a discharge permit for a period not to exceed 120 days.
C. Any person who intends to modify the
				discharge of any of the water contaminants listed in
				20.6.2.3103
				NMAC or any toxic pollutant in a manner that is a discharge permit modification
				as defined in this part shall submit a discharge plan for modification that
				contains the information required in Subsection D of
				20.6.2.3106
				NMAC; upon submission of a discharge plan for modification, the secretary shall
				review the discharge plan for modification pursuant to
				20.6.2.3108
				and
				20.6.2.3109
				NMAC.
D. A proposed discharge plan
				shall set forth in detail the methods or techniques the discharger proposes to
				use or processes expected to naturally occur which will ensure compliance with
				this part. At least the following information shall be included in the plan:
(1) quantity, quality and flow
				characteristics of the discharge;
(2) location of the discharge and of any
				bodies of water, watercourses and ground water discharge sites within one mile
				of the outside perimeter of the discharge site, and existing or proposed wells
				to be used for monitoring;
(3)
				depth to and TDS concentration of the ground water most likely to be affected
				by the discharge;
(4) flooding
				potential of the site;
(5) location
				and design of site(s) and method(s) to be available for sampling, and for
				measurement or calculation of flow;
(6) depth to and lithological description of
				rock at base of alluvium below the discharge site if such information is
				available;
(7) any additional
				information that may be necessary to demonstrate that the discharge permit will
				not result in concentrations in excess of the standards of
				20.6.2.3103
				NMAC at any place of withdrawal of water for present or reasonably foreseeable
				future use; detailed information on site geologic and hydrologic conditions may
				be required for a technical evaluation of the applicant's proposed discharge
				plan; and
(8) additional detailed
				information required for a technical evaluation of underground injection
				control wells as provided in
				20.6.2.5000
				through 20.6.2.5399 NMAC.