reglab/statecodes huggingface dataset:
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 6 - WATER QUALITY › Part 6 - GROUND WATER PROTECTION - SUPPLEMENTAL PERMITTING REQUIREMENTS FOR DAIRY FACILITIES › Section 20.6.6.17 - ENGINEERING AND SURVEYING REQUIREMENTS FOR ALL DAIRY FACILITIES

Current through Register Vol. 35, No. 13, July 16, 2024
A.
Practice
				of engineering.
All plans and specifications, supporting design
				calculations, record drawings, final specifications, final capacity
				calculations, grading and drainage reports and plans, and other work products
				requiring the practice of engineering shall bear the seal and signature of a
				licensed New Mexico professional engineer pursuant to the New Mexico
				Engineering and Surveying Practice Act, NMSA 1978, Sections
				61-23-1
				through
				61-23-32,
				and the rules promulgated under that authority.
B.
Practice of surveying.
All
				surveys of wastewater, stormwater, and combination wastewater/ stormwater
				impoundments, monitoring well locations and casing elevations, and other work
				products requiring the practice of surveying shall bear the seal and signature
				of a licensed New Mexico professional surveyor pursuant to the New Mexico
				Engineering and Surveying Practice, NMSA 1978, Sections
				61-23-1
				through
				61-23-32,
				and the rules promulgated under that authority.
C.
Engineering plans and
				specifications requirements.
(1)
Impoundment plans and specifications.
An applicant or permittee
				proposing or required to construct a new impoundment or to improve an existing
				impoundment, including relining of an existing impoundment, shall submit
				detailed and complete construction plans and specifications and supporting
				design calculations developed pursuant to this section and 20.6.6.20 NMAC. The
				applicant or permittee proposing or required to construct an impoundment shall
				document compliance with the requirements of the dam safety bureau of the state
				engineer pursuant to Section
				72-5-32
				NMSA 1978, and rules promulgated under that authority, unless exempt by law
				from such requirements. The construction plans and specifications for an
				improvement(s) to an existing impoundment shall address the management of
				wastewater or stormwater during preparation and construction of the
				improvements.
(a) Construction plans and
				specifications proposed by the applicant or permittee shall be submitted to the
				department with the application for a new, renewed or modified discharge
				permit.
(b) Construction plans and
				specifications not proposed by the applicant or permittee but required to
				achieve compliance with the dairy rule shall be submitted to the department
				within 90 days of the effective date of the discharge permit.
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 6 - WATER QUALITY › Part 6 - GROUND WATER PROTECTION - SUPPLEMENTAL PERMITTING REQUIREMENTS FOR DAIRY FACILITIES › Section 20.6.6.18 - VARIANCES

Current through Register Vol. 35, No. 13, July 16, 2024
A. A petition for
				variance from the dairy rule shall be submitted in accordance with Subsection A
				of 20.6.2.1210 NMAC.
B. In addition
				to any other criteria offered by the petitioner, the commission may consider as
				an unreasonable burden upon the petitioner's activity that the requirements of
				the dairy rule are unnecessary to prevent ground water pollution due to
				site-specific conditions.
C. In
				addition to any other information required under Paragraph (7) of that
				subsection, the petition shall, if applicable, identify any alternative
				facility design, alternative measuring device, or other variation from the
				requirements of the dairy rule and describe why variation from the diary rule
				is warranted based upon site-specific conditions.
D. Notwithstanding Subsection C of
				20.6.2.1210 NMAC, a variance from the requirements of the diary rule may be
				granted for a period of time in excess of five years through the period of the
				expected useful life of the feature for which a variance is granted.
E. The department may review a variance every
				five years in conjunction with the discharge permit renewal to determine
				whether the variance is achieving its designed purpose and whether the variance
				has caused an exceedance of the standards of 20.6.2.3103 NMAC. If a five year
				review demonstrates that the variance cannot meet these criteria, the
				department may request a hearing before the commission to revoke the
				variance.
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 6 - WATER QUALITY › Part 6 - GROUND WATER PROTECTION - SUPPLEMENTAL PERMITTING REQUIREMENTS FOR DAIRY FACILITIES › Section 20.6.6.20 - OPERATIONAL REQUIREMENTS FOR ALL DAIRY FACILITIES

Current through Register Vol. 35, No. 13, July 16, 2024
A.
Notice of presence of lactating cows
				and wastewater discharge.
A permittee shall provide written notice to
				the department of the commencement, cessation, or recommencement of wastewater
				discharge or the placement, removal, or reintroduction of lactating cows as
				follows.
(1)
For new dairy
				facilities.
(a)
Placement of
				lactating cows.
A permittee shall provide written notice to the
				department a minimum of 30 days before the placement of lactating cows at the
				dairy facility. A permittee shall provide written verification to the
				department of the actual date of placement of lactating cows within 30 days of
				placement.
(b)
Commencement
				of wastewater discharge.
A minimum of 30 days prior to the estimated
				initial wastewater discharge date a permittee shall provide written notice to
				the department indicating the date discharge is proposed to commence. A
				permittee shall provide written verification to the department of the actual
				date of discharge commencement within 30 days of
				commencement.
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 6 - WATER QUALITY › Part 6 - GROUND WATER PROTECTION - SUPPLEMENTAL PERMITTING REQUIREMENTS FOR DAIRY FACILITIES › Section 20.6.6.22 - ADDITIONAL OPERATIONAL REQUIREMENTS FOR DAIRY FACILITIES DISCHARGING TO AN EVAPORATIVE WASTEWATER DISPOSAL SYSTEM

Current through Register Vol. 35, No. 13, July 16, 2024
Impoundment evaporative capacity - wastewater and
				  wastewater/stormwater combination.
A wastewater or combination
				  wastewater/stormwater impoundment shall be operated and maintained for the
				  purpose of disposing of wastewater or both wastewater and stormwater by
				  evaporation. A permittee shall manage wastewater or combination
				  wastewater/stormwater impoundments to maintain the capacity and two feet of
				  freeboard as required by Subsection D of
				  20.6.6.17
				  NMAC.
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 6 - WATER QUALITY › Part 6 - GROUND WATER PROTECTION - SUPPLEMENTAL PERMITTING REQUIREMENTS FOR DAIRY FACILITIES › Section 20.6.6.23 - GROUND WATER MONITORING REQUIREMENTS FOR ALL DAIRY FACILITIES

Current through Register Vol. 35, No. 13, July 16, 2024
A.
Monitoring
				wells- required locations.
A permittee shall install a sufficient number
				of monitoring wells at appropriate depths and locations to monitor ground water
				quality upgradient of the dairy facility and hydrologically downgradient of
				each source of ground water contamination: wastewater, stormwater, and
				combination wastewater/stormwater impoundments, and fields within the land
				application area. Monitoring wells shall be located pursuant to this section in
				a location that is protective of the well and to detect an exceedance(s) or a
				trend towards exceedance(s) of the ground water standards at the earliest
				possible occurrence, so that source control or abatement may be implemented .
(1)
Groundwater monitoring -
				installation schedule.
(a) For a new
				dairy facility, monitoring wells shall be installed before discharging at the
				dairy facility.
(b) For an existing
				dairy facility, any new monitoring wells shall be installed within 120 days of
				the effective date of the discharge permit, provided that the department may
				grant a one-time extension of 60 days for good cause shown.
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 6 - WATER QUALITY › Part 6 - GROUND WATER PROTECTION - SUPPLEMENTAL PERMITTING REQUIREMENTS FOR DAIRY FACILITIES › Section 20.6.6.24 - MONITORING REQUIREMENTS FOR ALL DAIRY FACILITIES

Current through Register Vol. 35, No. 13, July 16, 2024
A.
Monitoring reports - schedule of
				submittal.
A permittee shall submit monitoring reports to the department
				on a quarterly schedule and shall contain monitoring data and information
				collected pursuant to the dairy rule. Quarterly monitoring reports shall be
				submitted according to the following schedule:
(1) January 1 through March 31 (first
				quarter) - report due by May 1;
(2)
				April 1 through June 30 (second quarter) - report due by August 1;
(3) July 1 through September 30 (third
				quarter) -report due by November 1; and
(4) October 1 through December 31 (fourth
				quarter) -report due by February 1.
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 6 - WATER QUALITY › Part 6 - GROUND WATER PROTECTION - SUPPLEMENTAL PERMITTING REQUIREMENTS FOR DAIRY FACILITIES › Section 20.6.6.26 - ADDITIONAL MONITORING REQUIREMENTS FOR DAIRY FACILITIES DISCHARGING TO AN EVAPORATIVE WASTEWATER DISPOSAL SYSTEM

Current through Register Vol. 35, No. 13, July 16, 2024
Wastewater to be evaporated - sampling and
				  reporting.
A permittee shall collect a composite wastewater sample on a
				  semi-annual (once every six months) basis from each wastewater or combination
				  wastewater/ stormwater impoundment used for disposal by evaporation. Samples
				  shall be analyzed for nitrate as nitrogen, total Kjeldahl nitrogen, chloride,
				  total sulfur and total dissolved solids pursuant to Subsection B of
				  20.6.6.24
				  NMAC. A permittee shall submit the analytical results to the department in the
				  monitoring reports due by May 1 and November 1.
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 6 - WATER QUALITY › Part 6 - GROUND WATER PROTECTION - SUPPLEMENTAL PERMITTING REQUIREMENTS FOR DAIRY FACILITIES › Section 20.6.6.29 - ADDITIONAL CONTINGENCY REQUIREMENTS FOR DAIRY FACILITIES DISCHARGING TO AN EVAPORATIVE WASTEWATER DISPOSAL SYSTEM

Current through Register Vol. 35, No. 13, July 16, 2024
Inability to maintain required freeboard.
If a
				  combination wastewater/stormwater impoundment used for disposal by evaporation
				  does not have free capacity below the two-foot freeboard level required by
				  Subsection D of
				  20.6.6.17
				  NMAC, then within seven days of the date of discovery of insufficient free
				  capacity the permittee shall submit a corrective action plan for department
				  approval. The plan shall include, but is not limited to, a request for
				  temporary permission to discharge to allow immediate removal and disposal of
				  combined wastewater and stormwater; a proposal for long-term corrective actions
				  which may include constructing an additional impoundment; reducing the
				  discharge volume; changing wastewater or stormwater management practices; or
				  installing an advanced treatment system. The corrective action plan shall
				  include schedule for implementation to complete corrective actions within one
				  year from the submittal date of the initial corrective action plan. Upon
				  department approval, the permittee shall initiate implementation of the
				  corrective action plan.
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 6 - WATER QUALITY › Part 6 - GROUND WATER PROTECTION - SUPPLEMENTAL PERMITTING REQUIREMENTS FOR DAIRY FACILITIES › Section 20.6.6.30 - CLOSURE REQUIREMENTS FOR ALL DAIRY FACILITIES

Current through Register Vol. 35, No. 13, July 16, 2024
A.
Permanent closure of dairy facility
				or impoundments.
The following closure actions shall be performed at
				dairy facilities.
(1)For permanent closure of
				a dairy facility.
(a) The department shall be
				notified no later than 30 days after wastewater discharge has permanently
				ceased at the dairy facility.
(b)
				Installation of any additional monitoring wells shall be completed pursuant to
				20.6.6.23 NMAC.
(c) All wastewater
				and combination wastewater/stormwater impoundments shall be emptied within six
				months of permanently ceasing wastewater discharge at the dairy facility;
				combination wastewater/stormwater impoundments may continue to receive
				stormwater after removal of the impounded wastewater/ stormwater. All
				stormwater and combination wastewater /stormwater impoundments shall be emptied
				of stormwater within one year of cessation of wastewater discharge. Wastewater
				and stormwater removed from impoundments shall be applied to the designated
				land application area, as authorized by a discharge permit. In the event that
				land application is not authorized by a discharge permit, a disposal plan shall
				be submitted for department approval and the plan implemented upon department
				approval.
(d) Manure solids and
				compost shall be removed from surface areas at the dairy facility and applied
				to the designated land application area, as authorized by a discharge permit,
				or transferred off-site for proper disposal .
(e) Complete removal of manure solids from
				the wastewater impoundment(s) shall be achieved within two years of permanently
				ceasing wastewater discharge. Complete removal of manure solids from the
				stormwater and combination wastewater/ stormwater impoundment(s) shall be
				achieved within two years of cessation of wastewater discharge. Manure solids
				shall be applied to the designated land application area, as authorized by a
				discharge permit. In the event that land application is not authorized by a
				discharge permit, a disposal plan shall be submitted for department approval
				and the plan implemented upon department approval.
(f) Impoundment liners shall be perforated or
				removed and the impoundments shall be re-graded with clean fill to blend with
				surface topography to prevent ponding within two years of permanently ceasing
				wastewater discharge .
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 6 - WATER QUALITY › Part 6 - GROUND WATER PROTECTION - SUPPLEMENTAL PERMITTING REQUIREMENTS FOR DAIRY FACILITIES › Section 20.6.6.33 - RECORD RETENTION REQUIREMENTS FOR ALL DAIRY FACILITIES

Current through Register Vol. 35, No. 13, July 16, 2024
A. A permittee
				shall retain a written record at the dairy facility of all data and information
				related to field measurements, sampling, and analysis conducted pursuant to the
				dairy rule and the discharge permit. The following information shall be
				recorded and shall be made available to the department upon request.
(1) The dates, exact place and times of
				sampling or field measurements.
(2)
				The name and job title of the individuals who performed each sample collection
				or field measurement.
(3) The date
				of the analysis of each sample.
(4)
				The name and address of the laboratory and the name and job title of the person
				that performed the analysis of each sample.
(5) The analytical technique or method used
				to analyze each sample or take each field measurement.
(6) The results of each analysis or field
				measurement, including raw data.
(7) The results of any split, spiked,
				duplicate or repeat sample.
(8) A
				description of the quality assurance and quality control procedures
				used.
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 6 - WATER QUALITY › Part 6 - GROUND WATER PROTECTION - SUPPLEMENTAL PERMITTING REQUIREMENTS FOR DAIRY FACILITIES › Section 20.6.6.34 - TRANSFER OF DAIRY DISCHARGE PERMITS

Current through Register Vol. 35, No. 13, July 16, 2024
A. Transfer of discharge permits for dairy
				facilities shall be made pursuant to 20.6.2.3111 NMAC and this
				section.
B. The transferee(s) shall
				notify the department, in writing, of the date of transfer of ownership and
				provide contact information for the new owner(s) pursuant to Subsection B of
				20.6.6.11 NMAC and Subsection B of 20.6.6.12 NMAC. Notification shall be
				submitted to the department of the transfer within 30 days of the ownership
				transfer date.
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 6 - WATER QUALITY › Part 6 - GROUND WATER PROTECTION - SUPPLEMENTAL PERMITTING REQUIREMENTS FOR DAIRY FACILITIES › Section 20.6.6.35 - CONTINUING EFFECT OF PRIOR ACTIONS DURING TRANSITION

Current through Register Vol. 35, No. 13, July 16, 2024
A. A discharge permit issued pursuant to
				20.6.2.3109 NMAC that has not expired on or before December 31, 2011, shall
				remain in effect and enforceable pursuant to the conditions of the discharge
				permit and for its term as designated by Section
				74-6-5
				NMSA 1978. If an effective discharge permit contains a permit condition with a
				time period for submittal of a renewal application that is different from the
				time period contained in Subsection A of 20.6.6.10 NMAC that condition will
				remain in effect for two years following the effective date of the dairy
				rule.
B. If an application for a
				new discharge permit or an application for a renewed or modified discharge
				permit was submitted to the department before December 31, 2011, and the
				department has not yet proposed a draft discharge permit for the facility, the
				application shall not be processed by the department . The applicant shall
				submit to the department an application for a new discharge permit or an
				application for a renewal, modifcation, renewal and modifcation or closure
				discharge permit pursuant to 20.6.6.10 NMAC and a fling fee and permit fee
				payment pursuant to 20.6.6.9 NMAC within 180 days of August 1, 2015.
				Application and permit fees already submitted by the facility shall be credited
				toward the fees required by 20.6.6.9 NMAC.
C. If a discharge permit for a dairy facility
				was expired on December 31, 2011, and an application for renewal has not been
				received by the department, the permittee, owner of record of the dairy
				facility or the holder of the expired discharge permit:
(1) shall within 90 days of August 1, 2015,
				submit to the department an application for a discharge permit renewal, renewal
				and modifcation or closure pursuant to 20.6.6.10 NMAC and a fling fee and
				permit fee payment pursuant to 20.6.6.9 NMAC; or
(2) if the dairy facility has not been
				constructed or operated, the permittee, the owner of record of the dairy
				facility or the holder of the expired discharge permit may submit a statement
				to the department instead of an application for renewal certifying that the
				facility has not been constructed or operated and that no discharges have
				occurred. Upon the department's verification of the certification, the
				department shall retire the discharge permit number from use.
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 6 - WATER QUALITY › Part 7 - GROUND WATER PROTECTION - SUPPLEMENTAL PERMITTING REQUIREMENTS FOR COPPER MINE FACILITIES › Section 20.6.7.2 - SCOPE

Current through Register Vol. 35, No. 13, July 16, 2024
All persons subject to the Water Quality Act, Sections
				  74-6-1
				  NMSA 1978 et seq. and specifically copper mine facilities and their
				  operations.
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 6 - WATER QUALITY › Part 7 - GROUND WATER PROTECTION - SUPPLEMENTAL PERMITTING REQUIREMENTS FOR COPPER MINE FACILITIES › Section 20.6.7.3 - STATUTORY AUTHORITY

Current through Register Vol. 35, No. 13, July 16, 2024
Standards and regulations are adopted by the commission under
				  the authority of the Water Quality Act, Sections
				  74-6-1
				  through
				  74-6-17
				  NMSA 1978.
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 6 - WATER QUALITY › Part 7 - GROUND WATER PROTECTION - SUPPLEMENTAL PERMITTING REQUIREMENTS FOR COPPER MINE FACILITIES › Section 20.6.7.5 - EFFECTIVE DATE

Current through Register Vol. 35, No. 13, July 16, 2024
12/1/13, unless a later date is cited at the end of a
				  section.
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 6 - WATER QUALITY › Part 7 - GROUND WATER PROTECTION - SUPPLEMENTAL PERMITTING REQUIREMENTS FOR COPPER MINE FACILITIES › Section 20.6.7.6 - OBJECTIVE

Current through Register Vol. 35, No. 13, July 16, 2024
The purpose of 20.6.7 NMAC is to supplement the general
				  permitting requirements of
				  20.6.2.3000
				  through
				  20.6.2.3114 NMAC
				  to control discharges of water contaminants specific to copper mine facilities
				  and their operations to prevent water pollution. Compliance with these rules
				  does not relieve an applicant or permittee of a copper mine facility from
				  complying with the Mining Act rules in Title 19, Chapter 10 NMAC under the
				  authority of the mining and minerals division.
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 6 - WATER QUALITY › Part 7 - GROUND WATER PROTECTION - SUPPLEMENTAL PERMITTING REQUIREMENTS FOR COPPER MINE FACILITIES › Section 20.6.7.8 - REQUIREMENTS FOR DISCHARGING FROM COPPER MINE FACILITIES

Current through Register Vol. 35, No. 13, July 16, 2024
A. No person shall discharge effluent or
				leachate from a copper mine facility so that it may move directly or indirectly
				into ground water without a discharge permit approved by the department. A
				person intending to discharge from a copper mine facility shall submit an
				application for a discharge permit pursuant to 20.6.7.10 NMAC and remit fees
				pursuant to 20.6.7.9 NMAC.
B.
				Permittees, owners of a copper mine facility and holders of an expired permit
				are responsible for complying with the copper mine rule.
C. Unless otherwise noted in 20.6.7 NMAC, the
				requirements of 20.6.2.3101 through 20.6.2.3114 NMAC apply to a copper mine
				facility.
D. Compliance with
				commission rules including the requirements of 20.6.7 NMAC does not relieve a
				copper mine facility owner, operator or permittee from complying with the
				requirements of other applicable local, state and federal regulations or
				laws.
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 6 - WATER QUALITY › Part 7 - GROUND WATER PROTECTION - SUPPLEMENTAL PERMITTING REQUIREMENTS FOR COPPER MINE FACILITIES › Section 20.6.7.9 - FEES

Current through Register Vol. 35, No. 13, July 16, 2024
An applicant or permittee shall pay fees to the department's
				  water quality management fund pursuant to this section in lieu of
				  20.6.2.3114
				  NMAC.
A. The permittee of a copper
				mine shall remit an annual permit fee as follows: large copper mines, one
				hundred and twenty-five thousand dollars ($125,000); medium copper mines,
				sixty-two thousand and five hundred dollars ($62,500); and small copper mines,
				twelve thousand and five hundred dollars ($12,500). Annual permit fees shall be
				due each August 1 after the effective date of the discharge permit until the
				discharge permit is terminated.
B.
				An applicant for a discharge permit, a discharge permit renewal, discharge
				permit renewal and modification, or discharge permit modification for a copper
				mine facility shall remit an application fee of one thousand dollars ($1,000).
				The application fee is not refundable and may not be applied toward future
				discharge permit applications.
C. A
				permittee requesting a discharge permit amendment separate from a discharge
				permit renewal or modification shall remit with the request a discharge permit
				amendment fee of five hundred dollars ($500). The permit amendment fee is not
				refundable and may not be applied toward future discharge permit applications
				or amendments.
D. A permittee
				requesting temporary permission to discharge pursuant to Subsection B of
				20.6.2.3106 NMAC shall remit with the request a temporary permission fee of one
				thousand dollars ($1,000). The temporary permission fee is not refundable and
				may not be applied toward future discharge permit applications or requests for
				temporary permission to discharge.
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 6 - WATER QUALITY › Part 7 - GROUND WATER PROTECTION - SUPPLEMENTAL PERMITTING REQUIREMENTS FOR COPPER MINE FACILITIES › Section 20.6.7.11 - APPLICATION REQUIREMENTS FOR DISCHARGE PERMITS FOR A COPPER MINE FACILITY

Current through Register Vol. 35, No. 13, July 16, 2024
A. An application
				for a new discharge permit or a renewal of an existing discharge permit shall
				include the applicable information in this section. An application for a
				modification of an existing discharge permit shall include the information in
				this section relevant to the proposed modification but need not include
				information listed in this section if the information was submitted to the
				department in the prior discharge permit application and the information has
				not changed since the discharge permit was issued. The department may require
				separate operational and closure discharge permits, or may combine operational
				and closure requirements in the same permit.
B.
Contact information.
An
				application shall include:
(1) applicant's
				name, title and affiliation with the copper mine facility, mailing address, and
				telephone number;
(2) the name,
				mailing address and telephone number of each owner and operator of the copper
				mine facility;
(3) if different
				than the applicant, the application preparer's name, title and affiliation with
				the copper mine facility, mailing address, telephone number and
				signature;
(4) the mailing address
				and telephone number of any independent contractor authorized to assist the
				copper mine facility with compliance with the Water Quality Act and 20.6.2 NMAC
				and 20.6.7 NMAC; and
(5) if the
				person submitting the application is not the owner or operator of the copper
				mine facility, a certification that the person is duly authorized to submit the
				application on behalf of the owner or operator.
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 6 - WATER QUALITY › Part 7 - GROUND WATER PROTECTION - SUPPLEMENTAL PERMITTING REQUIREMENTS FOR COPPER MINE FACILITIES › Section 20.6.7.14 - REQUIREMENTS FOR A DISCHARGE PERMIT AMENDMENT

Current through Register Vol. 35, No. 13, July 16, 2024
A. A permittee may submit a request for a
				discharge permit amendment to the department at any time during the term of an
				approved discharge permit.
B. A
				permittee shall remit a fee pursuant to Subsection C of 20.6.7.9 NMAC with the
				request for a discharge permit amendment.
C. A discharge permit amendment shall be
				administratively reviewed and evaluated by the department and is not subject to
				public notice or a public hearing.
D. The department shall approve, disapprove
				or request additional information necessary for a determination regarding a
				discharge permit amendment within 30 days of receipt of a request.
E. The department shall provide notice of all
				discharge permit amendment approvals or denials to those persons on the copper
				mine facility-specific list maintained by the department who have requested
				notice of discharge permit applications.
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 6 - WATER QUALITY › Part 7 - GROUND WATER PROTECTION - SUPPLEMENTAL PERMITTING REQUIREMENTS FOR COPPER MINE FACILITIES › Section 20.6.7.18 - GENERAL OPERATIONAL REQUIREMENTS

Current through Register Vol. 35, No. 13, July 16, 2024
A.
Planning for closure.
To the
				extent practicable, copper mine facility units shall be designed and operated
				in a manner that considers implementation of the copper mine facility closure
				plan submitted pursuant to 20.6.7.33 NMAC including:
(1) identifying material that is suitable for
				use to construct covers and, when feasible, segregating that material from
				other mined materials to preserve it for use to construct covers; and
(2) consideration of closure grading and
				drainage plans in the design and construction of leach stockpiles, tailings
				impoundments, waste rock stockpiles, and other copper mine
				facilities.
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 6 - WATER QUALITY › Part 7 - GROUND WATER PROTECTION - SUPPLEMENTAL PERMITTING REQUIREMENTS FOR COPPER MINE FACILITIES › Section 20.6.7.19 - SETBACK REQUIREMENTS FOR A COPPER MINE FACILITY APPLYING FOR A DISCHARGE PERMIT

Current through Register Vol. 35, No. 13, July 16, 2024
A. The setback
				requirements of this section apply to a new copper mine facility for which an
				application for a discharge permit is received by the department after the
				effective date of the copper mine rule.
B. The setback requirements shall be measured
				as horizontal map distances.
C. The
				required setback distances shall be met as certified by the applicant as of the
				receipt date of the application.
D.
				If the setback requirements apply to a copper mine facility, an applicant or
				permittee shall not propose or construct a leach stockpile, waste rock
				stockpile, tailing impoundment, or process water and impacted stormwater
				impoundment that does not meet the setback as determined as of the receipt date
				of the application for a new discharge permit by the department.
E.
Leach stockpile, waste rock
				stockpile, tailing impoundment, process water impoundment or impacted
				stormwater impoundment setback requirements.
(1) Leach stockpiles, waste rock stockpiles,
				tailing impoundments, process water impoundments or impacted stormwater
				impoundments shall be located:
(a) greater
				than 500 feet from a private domestic water well or spring that supplies water
				for human consumption; and
(b)
				greater than 1000 feet from any water well or spring that supplies water for a
				public water system as defined by 20.7.10 NMAC, unless a wellhead protection
				program established by the public water system requires a greater
				distance.
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 6 - WATER QUALITY › Part 7 - GROUND WATER PROTECTION - SUPPLEMENTAL PERMITTING REQUIREMENTS FOR COPPER MINE FACILITIES › Section 20.6.7.23 - REQUIREMENTS FOR NEW PIPELINES AND TANKS

Current through Register Vol. 35, No. 13, July 16, 2024
A.
Engineering design
				requirements.
At a minimum, the following requirements shall be met in
				designing new pipeline or tank systems at copper mine facilities that contain
				process water or impacted stormwater unless the applicant or permittee can
				demonstrate that an alternate design will provide an equal or greater level of
				containment.
(1)
New Pipelines.
New pipelines shall:
(a) be constructed of
				impermeable materials that are compatible with the particular contents that are
				contained and carried in the pipeline and are resistant to degradation by
				ultraviolet light if they will be exposed to sunlight;
(b) for pipelines located outside of the open
				pit surface drainage area and outside an area authorized for discharge of
				process water, impacted stormwater or tailings, incorporate a mechanism for
				monitoring the integrity of the pipeline system including visual inspections,
				pressure change sensors, or other appropriate means; and
(c) for pipelines located outside of the open
				pit surface drainage area and outside an area authorized for discharge of
				process water, impacted stormwater or tailings, incorporate a mechanism of
				secondary containment to contain and control leaks and spills including berms,
				placement within or drainage toward areas authorized for discharge of the
				conveyed fluids, and impoundments that are constructed consistent with the
				requirements of Subsection D of 20.6.7.17.D NMAC.
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 6 - WATER QUALITY › Part 7 - GROUND WATER PROTECTION - SUPPLEMENTAL PERMITTING REQUIREMENTS FOR COPPER MINE FACILITIES › Section 20.6.7.24 - REQUIREMENTS FOR OPEN PITS

Current through Register Vol. 35, No. 13, July 16, 2024
Operational requirements.
A permittee operating an open pit shall operate the open pit
				  pursuant to the following requirements, as applicable.
A. The open pit shall remain within the area
				identified in the discharge permit.
B. Stormwater shall be diverted outward and
				away from the perimeter of the open pit and, to the extent practicable, shall
				not be directed into the open pit.
C. Water generated from within the perimeter
				of the open pit and pit dewatering activities shall be managed according to a
				mine operation water management plan. The water management plan shall be
				submitted to the department for approval in a discharge permit application for
				a new copper mine facility or in an application for a discharge permit
				renewal.
D. During operation of an
				open pit, the standards of 20.6.2.3103 NMAC do not apply within the area of
				open pit hydrologic containment.
E.
				Leach stockpiles, waste rock piles, and other regulated mine units in and
				surrounding an open pit surface drainage area shall be designed and located to
				minimize the size of the open pit surface drainage area to the extent
				practicable.
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 6 - WATER QUALITY › Part 7 - GROUND WATER PROTECTION - SUPPLEMENTAL PERMITTING REQUIREMENTS FOR COPPER MINE FACILITIES › Section 20.6.7.25 - REQUIREMENTS FOR UNDERGROUND COPPER MINE FACILITIES

Current through Register Vol. 35, No. 13, July 16, 2024
A.
Material characterization
				requirements:
All waste rock removed from an underground mine and taken
				to the surface shall be characterized and managed pursuant to the copper mine
				rule. Any waste rock removed from an underground copper mine facility, any
				tailings or any other waste that is intended to be deposited in the mine shall
				be evaluated for its potential to generate acid or to release water
				contaminants that would cause an exceedance of applicable standards following
				placement in the underground mine. A plan for determining the potential of the
				material to release water contaminants, and the method for such evaluations,
				shall be submitted to the department for approval in a material
				characterization plan pursuant to Paragraph (1) of Section A of 20.6.7.21
				NMAC.
B.
Deposition of
				material in an underground copper mine.
A permittee of an underground
				copper mine facility shall not:
(1) deposit
				any waste rock or tailings in an underground mine that may generate a leachate
				that may cause an exceedance of applicable standards as determined by
				Subsection A of this section;
(2)
				deposit any other wastes in an underground mine unless deposition of the waste
				is expressly authorized by a discharge permit approved by the
				department.
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 6 - WATER QUALITY › Part 7 - GROUND WATER PROTECTION - SUPPLEMENTAL PERMITTING REQUIREMENTS FOR COPPER MINE FACILITIES › Section 20.6.7.26 - REQUIREMENTS FOR TRUCK AND EQUIPMENT WASHING UNITS

Current through Register Vol. 35, No. 13, July 16, 2024
A.
Engineering design
				requirements.
At a minimum, the following requirements shall be met in
				designing new truck and equipment washing units at copper mine facilities
				unless the applicant or permittee can demonstrate that an alternate design will
				provide an equal or greater level of containment.
(1) Truck and equipment washing shall be
				conducted on a concrete pad or a pad constructed of materials of equivalent or
				lower permeability designed to capture all wash water.
(2) Captured wash water shall freely drain
				from the containment pad and when necessary be conveyed to an oil water
				separator to remove oil and grease from the wash water.
(3) Wash water from the oil water separator
				shall be conveyed to a tank system designed and constructed pursuant to
				20.6.7.23 NMAC, an impoundment meeting the requirements of Subsection D of
				20.6.2.7.17 NMAC, or may be directed to the mine process water circuit for
				use.
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 6 - WATER QUALITY › Part 7 - GROUND WATER PROTECTION - SUPPLEMENTAL PERMITTING REQUIREMENTS FOR COPPER MINE FACILITIES › Section 20.6.7.28 - WATER QUALITY MONITORING REQUIREMENTS FOR ALL COPPER MINE FACILITIES

Current through Register Vol. 35, No. 13, July 16, 2024
The following water quality monitoring requirements apply to
				  all copper mine facilities unless otherwise specified.
A.
Monitoring wells - location
				proposals.
An applicant for a new, renewed or modified discharge permit
				or permittee shall submit a plan for department approval identifying the
				proposed location of monitoring wells required pursuant to Subsection B of this
				section, and shall include the following information.
(1) The location of each monitoring well
				relative to the unit of the copper mine facility it is intended to monitor
				shall be indicated on the scaled map required by Subsection J of 20.6.7.11
				NMAC.
(2) The ground water flow
				direction beneath the copper mine facility used to determine the monitoring
				well location(s), including supporting documentation used to determine ground
				water flow direction.
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 6 - WATER QUALITY › Part 7 - GROUND WATER PROTECTION - SUPPLEMENTAL PERMITTING REQUIREMENTS FOR COPPER MINE FACILITIES › Section 20.6.7.29 - GENERAL MONITORING REQUIREMENTS FOR ALL COPPER MINE FACILITIES

Current through Register Vol. 35, No. 13, July 16, 2024
A.
Monitoring
				reports - schedule of submittal.
A permittee shall submit monitoring
				reports to the department on a semi-annual schedule that shall contain all
				quarterly monitoring data and information collected pursuant to the copper mine
				rule. Semi-annual monitoring reports shall be submitted according to the
				following schedule:
(1) January 1 through
				June 30 (first and second quarter sample periods) - report due by August 31;
				and
(2) July 1 through December 31
				(third and fourth quarter sample periods) - report due by February
				28.
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 6 - WATER QUALITY › Part 7 - GROUND WATER PROTECTION - SUPPLEMENTAL PERMITTING REQUIREMENTS FOR COPPER MINE FACILITIES › Section 20.6.7.37 - RECORD RETENTION REQUIREMENTS FOR ALL COPPER MINE FACILITIES

Current through Register Vol. 35, No. 13, July 16, 2024
A. A permittee
				shall retain a written record at the copper mine facility of all data and
				information related to field measurements, sampling, and analysis conducted
				pursuant to the copper mine rule and the discharge permit. The following
				information shall be recorded and shall be made available to the department
				upon request.
(1) The dates, exact location
				and times of sampling or field measurements.
(2) The name and title of the individuals who
				performed each sample collection or field measurement.
(3) The date of the analysis of each
				sample.
(4) The name and address of
				the laboratory and the name and title of the person that performed the analysis
				of each sample.
(5) The analytical
				technique or method used to analyze each sample or take each field
				measurement.
(6) The results of
				each analysis or field measurement, including raw data.
(7) The results of any split, spiked,
				duplicate or repeat sample.
(8) A
				description of the quality assurance and quality control procedures
				used.
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 6 - WATER QUALITY › Part 7 - GROUND WATER PROTECTION - SUPPLEMENTAL PERMITTING REQUIREMENTS FOR COPPER MINE FACILITIES › Section 20.6.7.38 - TRANSFER OF COPPER MINE DISCHARGE PERMITS

Current through Register Vol. 35, No. 13, July 16, 2024
A. Transfer of discharge permits for copper
				mine facilities shall be made pursuant to 20.6.2.3111 NMAC and this
				section.
B. The transferor(s) shall
				notify the department, in writing, of the date of transfer of ownership,
				control or possession and provide contact information for the transferee(s)
				pursuant to Subsection B of 20.6.7.11 NMAC and Subsection B of 20.6.7.12 NMAC.
				Notification shall be submitted to the department of the transfer within 30
				days of the ownership transfer.
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 6 - WATER QUALITY › Part 7 - GROUND WATER PROTECTION - SUPPLEMENTAL PERMITTING REQUIREMENTS FOR COPPER MINE FACILITIES › Section 20.6.7.39 - CONTINUING EFFECT OF PRIOR ACTIONS DURING TRANSITION

Current through Register Vol. 35, No. 13, July 16, 2024
A. A discharge permit issued pursuant to
				20.6.2.3109 NMAC that has not expired on or before the effective date of the
				copper mine rule shall remain in effect and enforceable pursuant to the
				conditions of the discharge permit and for its term as designated by the
				permit. If an effective discharge permit contains a permit condition with a
				time period for submittal of a renewal application that is different from the
				time period contained in Subsection C of 20.6.7.10 NMAC that condition will
				remain in effect for two years following the effective date of the copper mine
				rule.
B. An application for a new
				discharge permit or an application for a renewed or modified discharge permit
				for an existing copper mine facility submitted to the department before the
				effective date of the copper mine rule and for which a draft permit has not
				been provided to the applicant shall be processed by the department pursuant to
				the copper mine rule. The applicant shall submit applicable permit fees to the
				department pursuant to 20.6.7.9 NMAC within 90 days of the effective date of
				the copper mine rule.
C. An
				application for a new discharge permit or an application for a renewed or
				modified discharge permit for an existing copper mine facility submitted to the
				department before the effective date of the copper mine rule and for which a
				draft permit has been provided to the applicant shall be processed by the
				department pursuant to 20.6.2.3000 through 20.6.2.3113 NMAC. The applicant
				shall submit applicable permit fees to the department pursuant to 20.6.7.9 NMAC
				within 90 days of the effective date of the copper mine rule.
D. If a discharge permit for a copper mine
				facility is expired on the effective date of the copper mine rule and an
				application for renewal has not been received by the department, the permittee
				or owner of the copper mine facility:
(1)
				shall within 90 days of the effective date of the copper mine rule submit to
				the department an application for a discharge permit renewal, renewal and
				modification or closure pursuant to 20.6.7.10 NMAC and applicable permit fees
				pursuant to 20.6.7.9 NMAC; or
(2)
				if the copper mine facility has not been constructed or operated, the permittee
				or the owner of record of the copper mine facility may submit a statement to
				the department instead of an application for renewal certifying that the copper
				mine facility has not been constructed or operated and that no discharges have
				occurred. Upon the department's verification of the certification, the
				department shall retire the discharge permit number from use.
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 7 - WASTEWATER AND WATER SUPPLY FACILITIES › Part 2 - RURAL WATER SUPPLY, WASTEWATER AND SOLID WASTE INFRASTRUCTURE › Section 20.7.2.2 - SCOPE

Current through Register Vol. 35, No. 13, July 16, 2024
All persons applying for financial assistance under the Rural
				  Infrastructure Act, Chapter 75, Article 1 NMSA 1978.
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 7 - WASTEWATER AND WATER SUPPLY FACILITIES › Part 2 - RURAL WATER SUPPLY, WASTEWATER AND SOLID WASTE INFRASTRUCTURE › Section 20.7.2.3 - STATUTORY AUTHORITY

Current through Register Vol. 35, No. 13, July 16, 2024
NMSA 1978, Section
				  75-1-3,
				  and NMSA 1978, Section
				  9-7A-6
				  D.
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 7 - WASTEWATER AND WATER SUPPLY FACILITIES › Part 2 - RURAL WATER SUPPLY, WASTEWATER AND SOLID WASTE INFRASTRUCTURE › Section 20.7.2.5 - EFFECTIVE DATE

Current through Register Vol. 35, No. 13, July 16, 2024
October 31, 2001. Unless a later date is cited at the end of
				  a section.
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 7 - WASTEWATER AND WATER SUPPLY FACILITIES › Part 2 - RURAL WATER SUPPLY, WASTEWATER AND SOLID WASTE INFRASTRUCTURE › Section 20.7.2.6 - OBJECTIVES

Current through Register Vol. 35, No. 13, July 16, 2024
A. To provide
				financial assistance to local authorities for the construction or modification
				of water supply, wastewater, and solid waste facilities.
B. To provide guidelines for the department's
				ranking of water supply, wastewater and solid waste facility construction
				projects submitted pursuant to the RIA, for highest priority based on public
				health needs.