New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 1 - ENVIRONMENTAL PROTECTION GENERAL › Part 3 - ADJUDICATORY PROCEDURES - WATER QUALITY CONTROL COMMISSION › Section 20.1.3.7 - DEFINITIONS

Current through Register Vol. 35, No. 13, July 16, 2024
A. General: As used
				in this part:
(1) "abatement plan action"
				means those actions that may be appealed to the commission pursuant to
				20.6.2.4114 NMAC;
(2) "abatement
				plan hearing" means a proceeding before the commission initiated by the timely
				filing of an abatement plan petition filed pursuant to 20.6.2.4114
				NMAC;
(3) "act" means, as the
				context requires:
(a) the Water Quality Act,
				NMSA 1978 Chapter 74, Article 6 and its subsequent amendments and successor
				provisions;
(b) the Utility
				Operators Certification Act, NMSA 1978 Chapter 61, Article 33 and its
				subsequent amendments and successor provisions; and
(c) any other statute enacted or amended by
				the legislature that includes authority for adjudicatory proceedings before the
				commission when the commission applies this part to such proceedings;
(4) "applicant" means the person
				who is the holder of, or the applicant for, the permit or abatement plan that
				is the subject of the action to which a permit review petition or abatement
				appeal petition applies;
(5)
				"commission" means the water quality control commission or its successor agency
				under the act;
(6) "compliance
				order" means a written administrative order issued by the department pursuant
				to NMSA 1978 Sections
				61-33-10
				or
				74-6-10;
(7) "compliance order hearing" means a
				proceeding before the commission initiated by the timely filing of a request
				for compliance order hearing;
(8)
				"department" means the applicable constituent agency, that, pursuant to its
				authority under the act, either (a) performed the permitting action or
				abatement plan action which is the subject of a petition; (b) is charged with
				implementing the regulations at the site where the variance is sought; or (c)
				issued the compliance order;
(9)
				"hearing" means the evidentiary hearing conducted before the commission or a
				hearing officer on an abatement plan petition, a variance petition or a request
				for compliance order hearing unless the context requires otherwise;
(10) "hearing clerk" means the person
				designated to maintain the official record of the proceeding and unless
				otherwise ordered is the commission administrator;
(11) "hearing officer" means the person
				designated under this part or appointed by the commission to conduct a
				proceeding under this part ;
(12)
				"party" means:
(a) for the purposes of a
				permit review, the petitioner, the applicant if different from the petitioner,
				the department, and, upon motion to the commission, any person who permitted to
				intervene in the review pursuant to NMRA 1-024;
(b) for purposes of an abatement plan
				hearing, the petitioner, the applicant if different from the petitioner, the
				department, any person who participated in the abatement plan action before the
				department and who files an entry of appearance, and any constituent
				agency;
(c) for purposes of a
				variance hearing, the petitioner, the department, any person who has an
				interest in the proceeding and files an entry of appearance, and any other
				constituent agency; and
(d) for
				purposes of a compliance order hearing, the respondent and the
				department;
(13) "permit
				review" means a record review proceeding before the commission initiated by the
				timely filing of a record review petition filed pursuant to NMSA 1978 Section
				74-6-5(O);
(14) "permitting action"
				means those actions that may be appealed to the commission pursuant to the
				Water Quality Act, NMSA 1978 Section 74-6-5(O), including the certification of
				a federal water quality permit;
(15) "petition" means a written petition (a)
				for review of a permitting action filed under NMSA 1978 Section 74-6-5(O); (b)
				for hearing on an abatement plan action filed under 20.6.2.4114 NMAC: or (c)
				for hearing on a variance filed under NMSA 1978 Section 74-6-4(G) or
				20.6.2.1210 NMAC;
(16) "petitioner"
				means any person who files a timely petition and who is entitled to be a party
				pursuant to Subparagraphs (a), (b), and (c) of Paragraph (12) of this
				subsection;
(17) "record proper"
				means all documents filed by or with the hearing clerk during the proceeding
				and includes:
(a) the verbatim record of the
				hearing and all exhibits offered into evidence at the hearing, whether or not
				admitted;
(b) for a permit review,
				the administrative record of the department; and
(c) minutes, or an appropriate extract of
				minutes, of any commission meeting where the commission deliberated or acted on
				any procedural or substantive issue in the proceeding;
(18) "regulations" means any rules or
				standards promulgated by the commission to implement the act;
(19) "request for compliance order hearing"
				means a written request for hearing on a compliance order filed by a respondent
				pursuant to NMSA 1978 Section 61-33-10(E) or 74-6-10(G);
(20) "respondent" means any person to whom a
				compliance order has been issued;
(21) "technical evidence" means scientific,
				engineering, economic or other specialized testimony, but does not include
				legal argument, general comments, or statements of policy or position
				concerning matters at issue in the hearing; and
(22) "variance hearing" means a proceeding
				before the commission initiated by the timely filing of a variance petition
				filed pursuant to NMSA 1978 Section 74-6-4(G), Subsection F of 20.6.2.4103 NMAC
				or 20.6.2.1210 NMAC.