New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 6 - WATER QUALITY › Part 2 - GROUND AND SURFACE WATER PROTECTION › Section 20.6.2.5341 - CONDITIONS APPLICABLE TO ALL PERMITS

Current through Register Vol. 35, No. 13, July 16, 2024
The following conditions apply to all Class I hazardous
				  permits. All conditions applicable to all permits shall be incorporated into
				  the permits either expressly or by reference. If incorporated by reference, a
				  specific citation to these regulations must be given in the permit.
A.
Duty to comply.
The
				permittee must comply with all conditions of this permit. Any permit
				noncompliance constitutes a violation of the New Mexico Water Quality Act and
				is grounds for enforcement action; for permit termination, revocation and
				reissuance, or modification; or for denial of a permit renewal application;
				except that the permittee need not comply with the provisions of this permit to
				the extent and for the duration such noncompliance is authorized in a variance
				issued under 20.6.2.1210 NMAC.
B.
Duty to reapply.
If the permittee wishes to continue an
				activity regulated by this permit after the expiration date of this permit, the
				permittee must apply for and obtain a permit renewal pursuant to Subsection F
				of 20.6.2.3106 NMAC.
C.
Need to halt or reduce activity not a defense.
It shall not be
				a defense for a permittee in an enforcement action that it would have been
				necessary to halt or reduce the permitted activity in order to maintain
				compliance with the conditions of this permit.
D.
Duty to mitigate.
The
				permittee shall take all reasonable steps to minimize or correct any adverse
				impact on the environment resulting from noncompliance with this
				permit.
E.
Proper operation
				and maintenance.
The permittee shall at all times properly operate and
				maintain all facilities and systems of treatment and control (and related
				appurtenances) which are installed or used by the permittee to achieve
				compliance with the conditions of this permit. Proper operation and maintenance
				includes effective performance, adequate funding, adequate operator staffing
				and training, and adequate laboratory and process controls, including
				appropriate quality assurance procedures. This provision requires the operation
				of back-up or auxiliary facilities or similar systems only when necessary to
				achieve compliance with the conditions of the permit.
F.
Permit actions.
This
				permit may be modified, revoked and reissued, or terminated for cause. The
				fling of a request by the permittee for a permit modification, revocation and
				reissuance, or termination, or a notification of planned changes or anticipated
				noncompliance, does not stay any permit condition.
G.
Property rights.
This
				permit does not convey any property rights of any sort, or any exclusive
				privilege.
H.
Duty to
				provide information
. The permittee shall furnish to the director,
				within a time specified, any information which the director may request to
				determine whether cause exists for modifying, revoking and reissuing, or
				terminating this permit, or to determine compliance with this permit. The
				permittee shall also furnish to the director, upon request, copies of records
				required to be kept by this permit.
I.
Duty to provide notice
.
				Public notice, when required, shall be provided as set forth in 20.6.2.3108
				NMAC except that the following notice shall be provided in lieu of the notice
				required by Paragraph (2) of Subsection B of 20.6.2.3108 NMAC: a written notice
				must be sent by certified mail, return receipt requested, to all surface and
				mineral owners of record within a ½ mile radius of the proposed well or
				wells.
J.
Inspection and
				entry.
The permittee shall allow the director, or an authorized
				representative, upon the presentation of credentials and other documents as may
				be required by law, to:
(1) enter upon the
				permittee's premises where a regulated facility or activity is located or
				conducted, or where records must be kept under the conditions of this
				permit;
(2) have access to and
				copy, at reasonable times, any records that must be kept under the conditions
				of this permit;
(3) inspect at
				reasonable times any facilities, equipment (including monitoring and control
				equipment), practices, or operations regulated or required under this permit;
				and
(4) sample or monitor at
				reasonable times, for the purposes of assuring permit compliance or as
				otherwise authorized by the 20.6.2.5300 through 20.6.2.5399 NMAC, any
				substances or parameters at any location.