New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 15 - OIL AND GAS › Part 36 - SURFACE WASTE MANAGEMENT FACILITIES › Section 19.15.36.9 - APPLICATION PROCESS AND NOTICE REQUIREMENTS FOR NEW SURFACE WASTE MANAGEMENT FACILITIES, MAJOR MODIFICATIONS OR RENEWALS AND ISSUANCE OF A FINAL DECISION

Current through Register Vol. 35, No. 13, July 16, 2024
A.
				Submittal of application. The applicant shall submit three copies (two paper
				copies and one electronic copy) of the application to the division's Santa Fe
				office for consideration of approval. Upon receipt of an application for a new
				surface waste management facility, or a renewal or major modification of an
				existing permit, the division shall post a notice on the division's website
				that lists the type of facility, type of application, county or municipality
				where the facility is located and name of the applicant, and provides
				information on where the application can be viewed and whom to contact to be
				placed on a mailing list for notice regarding a proposed decision.
B. Division review: Within 90 days after the
				receipt of an application, the division shall review the application and
				determine if the application is approvable, approval with conditions or not
				approvable.
(1) Upon completion of the
				division's review, if the division determines the application is approvable,
				the division shall, within 30 days following such determination, prepare a
				proposed decision, which may include conditions, and mail notice of the
				proposed approval, together with a copy of the proposed decision, by certified
				mail, return receipt requested, to the applicant. The division shall post the
				proposed decision on the division's website.
(2) Upon completion of the division's review,
				if the division determines the application is not approvable, the division
				shall, within 60 days of such determination, mail a deficiency letter by
				certified mail, return receipt requested, to the applicant. The deficiency
				letter shall identify and address all of the division's concerns regarding the
				application in specific detail allowing the applicant the opportunity to
				correct the deficiencies by submitting a revised application.
(3) If the division issues a deficiency
				letter, the applicant shall have 60 days from the division's issuance of the
				deficiency letter to submit a revised application. The applicant may request,
				in writing, additional time to submit a revised application. The division shall
				grant additional time for good cause. The applicant may notify the division
				that it will not submit a revised application. Within 10 days of receipt of the
				notification the division shall deny the application without prejudice. If the
				applicant fails to timely submit a revised application or notify the division
				that it will not submit a revised application, the division shall deny the
				application without prejudice within 10 days after the 60 day time limit for
				the applicant to respond to the deficiency letter has expired.
(4) If the applicant timely submits a revised
				application, within 90 days of the receipt of the revised application the
				division shall review the revised application and determine if the revised
				application is approvable, approvable with conditions or not approvable. The
				division shall mail notice of denial or the proposed approval with or without
				conditions, together with a copy of the decision to deny or the proposed
				decision to approve with or without conditions, by certified mail, return
				receipt requested, to the applicant. A denial letter shall identify and address
				all of the division's reasons for denial of the revised application. The
				division shall post the decision to deny the application or the proposed
				decision to approve the application with or without conditions on the
				division's website.
(5) The
				process provided in Subsection B of 19.15.36.9 NMAC is not intended to limit
				informal informational exchanges during the application review period or prior
				to submission of an application. The process also does not prohibit an
				applicant from withdrawing an application and submitting a new application
				under Subsection A of 19.15.36.9 NMAC.