New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 9 - SOLID WASTE › Part 3 - SOLID WASTE FACILITY PERMITS AND REGISTRATIONS › Section 20.9.3.8 - PERMIT APPLICATION REQUIREMENTS

Current through Register Vol. 35, No. 13, July 16, 2024
A. Any person seeking to construct, operate,
				modify or close a solid waste facility shall first obtain a permit.
B. Any person who owns or operates an
				existing solid waste facility for which a permit application has not been
				submitted shall submit a permit application within one year of the effective
				date of this part. If the facility is a landfill that seeks to close rather
				than continue to operate, the owner or operator shall submit a plan for closure
				and post closure care for approval within one year of the effective date of
				this part. The closure and post closure care plan shall meet the requirements
				of 20.9.6 NMAC.
C. Any person
				seeking a permit to construct, operate or modify a solid waste facility shall
				file an application, which shall:
(1) contain
				all information required by the Solid Waste Act and 20.9.2 - 20.9.10
				NMAC;
(2) comply with Permit
				Procedures - Environment Department, 20.1.4 NMAC;
(3) contain information required by Section
				74-9-21
				of the Solid Waste Act, and if applicable, disclosure statements shall be on
				forms provided by the department;
(4) provide site information including:
(a) the name and address of the applicant,
				property owner, and solid waste facility owner and operator;
(b) total acreage, legal description and maps
				of the proposed facility site, including land use and zoning of the site and
				adjacent properties;
(c) a
				description of the facility's water source and its location;
(d) a description of the prevailing winds,
				including a wind rose diagram;
(e)
				a demonstration of compliance with the siting criteria in 20.9.4.9-12
				NMAC;
(f) facility plans and
				drawings of the existing or proposed facility, with corresponding elevations
				and contours, signed and sealed by a professional engineer registered in New
				Mexico; and
(g) the latitude and
				longitude of the geographical center of the existing or proposed facility (as
				approved by the department) in NAD-83 or equivalent;
(5) contain a plan for compliance with
				20.9.4.17 NMAC, if appropriate;
(6)
				contain an operating plan for compliance with operational criteria, including
(a) the means for controlling access to the
				facility and controlling and mitigating odors and litter;
(b) a listing and description of the number,
				type and size of equipment to be used at the proposed solid waste facility for
				processing, recovering, diversion of recyclables, transforming or disposing of
				solid wastes;
(c) a description of
				the proposed solid waste facility, including:
(i) the anticipated origin, composition and
				weight or volume of solid waste and other materials that are projected to be
				received at the facility;
(ii) the
				processes to be used at the facility;
(iii) the daily operational methodology of
				the proposed process;
(iv) the
				loading rate, the expected life of the facility; and
(v) the design capacity through the expected
				life of the facility and through the permit life of the facility;
(d) a plan for an alternative waste
				handling or disposal system during periods when the proposed solid waste
				facility is not in operation, including procedures to be followed in case of
				equipment breakdown; procedures may include the use of standby equipment,
				extension of operating hours and contractual agreements for diversion of waste
				to other facilities;
(e) the
				anticipated start-up date of the facility;
(f) the planned operating hours of the
				proposed facility;
(g) the plans
				for transportation to and from the facility including:
(i) the size and approximate number of
				vehicles that will deliver waste to the facility daily;
(ii) the anticipated routes that will be used
				by waste vehicles and the suitability of roads and bridges involved;
(iii) measures for controlling litter, dust
				and noise caused by traffic;
(iv)
				other predicted impacts of traffic to and from the facility; and
(v) plans, if any, for diverting solid waste
				from the waste stream; and
(h) a plan for complying with record keeping
				requirements in 20.9.5.16 NMAC as applicable;
(7) contain an emergency contingency plan
				that meets the requirements of 20.9.5.15 NMAC;
(8) contain a closure and post-closure care
				plan in compliance with 20.9.6 NMAC;
(9) demonstrate the ability to comply with
				any applicable special waste requirements in 20.9.8 NMAC;
(10) contain a proposed ground water
				monitoring system plan in compliance with 20.9.9 NMAC, including, if site
				assessment bore holes are drilled to obtain data, a certification that the
				holes were plugged or sealed in accordance with the New Mexico office of state
				engineer's requirements for plugging or sealing of test holes, or will be
				converted to monitoring wells as part of the ground water monitoring
				system;
(11) include a cost
				estimate in accordance with the requirements of 20.9.10 NMAC, in a format as
				specified by the department; and
(12) contain any other information required
				by the secretary.