New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 15 - OIL AND GAS › Part 17 - PITS, CLOSED-LOOP SYSTEMS, BELOW-GRADE TANKS AND SUMPS › Section 19.15.17.16 - PERMIT APPROVALS, CONDITIONS, DENIALS, REVOCATIONS, SUSPENSIONS, MODIFICATIONS OR TRANSFERS

Current through Register Vol. 35, No. 13, July 16, 2024
A. The
				division shall review all applications to permit facilities subject to 19.15.17
				NMAC. Within 30 days of receiving an application the division shall make an
				administrative completeness determination or provide written notice of
				deficiencies to the application's signatory. The application will be considered
				complete if written notice is not provided by the division within the 30 day
				evaluation period.
B. Whether or
				not the division deems an application to be administratively complete within
				the 30 day evaluation period, the division shall also have an additional 30
				days to approve, deny or approve with conditions an application. If the
				division does not take action within the 60 days review period, then the
				application is deemed denied and the operator may file an application for
				hearing with the division clerk.
C.
				Conditions. The division may impose conditions or requirements that it
				determines are necessary and proper for the protection of fresh water, public
				health, and the environment provided the conditions or requirements are based
				on the provisions of the Oil and Gas Act 70-2 NMSA or current division
				regulations. The division shall incorporate such additional conditions or
				requirements into the permit.
D.
				Denial of application. The division shall deny, in writing, an application for
				a permit if it finds that the application and materials that the operator
				submitted for consideration with the application do not sufficiently
				demonstrate that the operator can construct, operate and close the proposed
				pit, or proposed alternative in a manner that is protective of fresh water,
				public health, and the environment.
E. Revocation, suspension or modification of
				a permit. The operator may apply to the division for a modification of the
				permit pursuant to 19.15.17 NMAC. The operator shall demonstrate that the
				proposed modification complies with the applicable provisions of 19.15.17 NMAC.
				The division may revoke, suspend or impose additional operating conditions or
				limitations on a permit at any time, after notice and opportunity for a
				hearing, if the division determines that the operator or the permitted facility
				is in material breach of any applicable statutes or rules, or that such action
				is necessary for the protection of fresh water, public health or the
				environment. The division shall notify the operator by certified mail, return
				receipt requested, of any intended revocation, suspension or imposition of
				additional conditions, and the operator shall have 10 days after receipt of
				notification to request a hearing pursuant to 19.15.4 NMAC. The division may
				suspend a permit or impose additional conditions or limitations without hearing
				in an emergency to forestall an imminent threat to fresh water, public health,
				or the environment, subject to the provisions of NMSA 1978, Section
				70-2-23,
				as amended.
F. Transfer of a
				permit. The operator shall not transfer a permit without the division's prior
				written approval. The division's approval of an application to transfer a well
				or other facility with which a permitted pit is associated shall constitute
				approval of the transfer of the permit for the pit.
G. Division approvals. The division shall
				grant or confirm any division approval authorized by a provision of 19.15.17
				NMAC by written statement. Written statements include e-mail.