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 20.6.7.10 - GENERAL APPLICATION REQUIREMENTS FOR ALL COPPER MINE FACILITIES

Current through Register Vol. 35, No. 13, July 16, 2024
This section specifies the general requirements for discharge
				  permit applications for all types of copper mine facilities.
A. Before submitting an initial application
				for a new copper mine facility, a prospective applicant shall schedule a
				pre-application meeting with the department to discuss the proposed location of
				the copper mine facility and individual units, the operating plans for the
				proposed process units, the physical characteristics of the copper mine
				facility's proposed site and other information that is required to be submitted
				in an application for a discharge permit. The pre-application meeting shall be
				held in Santa Fe, unless otherwise agreed to by the department. The
				pre-application meeting should occur no less than 60 days before the submission
				of the application except as approved by the department.
B. Instead of the information required by
				Subsection C of 20.6.2.3106 NMAC, an applicant shall provide information and
				supporting technical documentation pursuant to this section and 20.6.7.11
				NMAC.
C. Notwithstanding Subsection
				F of 20.6.2.3106 NMAC, a permittee shall submit an application for renewal of a
				discharge permit for a copper mine facility or a unit of the copper mine
				facility to the department at least 270 days before the discharge permit
				expiration date, unless closure of the copper mine facility is approved by the
				department before that date.
D. For
				a copper mine facility that has been issued a discharge permit but has not been
				constructed or operated, a permittee shall submit to the department at least
				270 days before the discharge permit expiration date an application for renewal
				pursuant to Subsection B of this section or a statement certifying that the
				copper mine facility has not been and will not be constructed and that no
				discharges have occurred or will occur. Upon the department's verification of
				the certification, the department shall terminate the discharge permit, if
				necessary, and retire the discharge permit number from use.
E. An application for a new, renewed, or
				modified discharge permit for a copper mine facility shall include the
				information and supporting documentation required by this section except that
				previously submitted materials may be included by reference in discharge permit
				renewal or modification applications provided that the materials are current,
				readily available to the secretary and sufficiently identified to be retrieved.
				The applicant shall attest to the truth of the information and supporting
				documentation in the application. The applicant shall provide to the department
				a hard copy (paper format) of the original signed completed application and all
				supporting documentation. The applicant shall also provide an electronic copy
				of the original signed application and all supporting documentation in portable
				document format (PDF) on a compact disc (CD) or digital versatile disc (DVD) or
				other format approved by the department.
F. Within 90 days of the department notifying
				the applicant in writing that the application is deemed administratively
				complete pursuant to Subsection A of 20.6.2.3108 NMAC, the department shall
				review the application for technical completeness and shall issue a written
				notice by certified mail to the applicant indicating whether the application is
				technically complete or is deemed to be deficient. An application must include
				the information required by Subsection B of this section to be deemed
				technically complete.
G. If the
				department determines that an application is technically deficient, the
				applicant shall have 60 days from the date of postal notice of the technical
				deficiency notification to provide the information required by this section.
				Upon request by the applicant and for good cause shown, the department may
				grant one or more extensions of time for the applicant to provide the
				information required by the technical deficiency notification.
(1) If an applicant for a new discharge
				permit does not provide all information required by this section to the
				department within 60 days of the date of postal notice of the technical
				deficiency, or within any extension granted by the department, the department
				may deny the application. The department shall provide notice of denial to the
				applicant by certified mail.
(2) If
				an applicant for a renewed or modified discharge permit does not provide all
				information required by this section to the department within 60 days of the
				date of postal notice of the technical deficiency, or within any extension
				granted by the department, the department may deny the application or may
				propose a discharge permit for approval consistent with the requirements of the
				copper mine rule. If the department denies the application, the department
				shall provide notice of denial to the applicant by certified mail.
(3) An applicant may supplement an
				application at any time during the technical review period. The department
				shall review the information for technical completeness within 90 days of
				receipt.