New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 6 - WATER QUALITY › Part 4 - STANDARDS FOR INTERSTATE AND INTRASTATE SURFACE WATERS › Section 20.6.4.16 - PLANNED USE OF A PISCICIDE

Current through Register Vol. 35, No. 13, July 16, 2024
The use of a piscicide registered under the Federal
				  Insecticide, Fungicide, and Rodenticide Act (FIFRA),
				  7
				  U.S.C. Section 136
et seq
.,
				  and under the New Mexico Pesticide Control Act (NMPCA), Section 76-4 -1
et seq
. NMSA 1978 (1973) in a surface water of the state,
				  shall not be a violation of Subsection F of
				  20.6.4.13 NMAC
				  when such use is covered by a federal national pollutant discharge elimination
				  system (NPDES) permit or has been approved by the commission under procedures
				  provided in this section. The use of a piscicide which is covered by a NPDES
				  permit shall require no further review by the commission and the person whose
				  application is covered by the NPDES permit shall meet the additional
				  notification and monitoring requirements outlined in Subsection G of 20.6.4.16
				  NMAC. The commission may approve the reasonable use of a piscicide under this
				  section if the proposed use is not covered by a NPDES permit to further a Clean
				  Water Act objective to restore and maintain the physical or biological
				  integrity of surface waters of the state, including restoration of native
				  species.
A. Any person seeking
				commission approval of the use of a piscicide not covered by a NPDES permit
				shall file a written petition concurrently with the commission and the surface
				water bureau of the department. The petition shall contain, at a minimum, the
				following information:
(1) petitioner's name
				and address;
(2) identity of the
				piscicide and the period of time (not to exceed five years) or number of
				applications for which approval is requested;
(3) documentation of registration under FIFRA
				and NMPCA and certification that the petitioner intends to use the piscicide
				according to the label directions, for its intended function;
(4) target and potential non-target species
				in the treated waters and adjacent riparian area, including threatened or
				endangered species;
(5) potential
				environmental consequences to the treated waters and the adjacent riparian
				area, and protocols for limiting such impacts;
(6) surface water of the state proposed for
				treatment;
(7) results of
				pre-treatment survey;
(8)
				evaluation of available alternatives and justification for selecting piscicide
				use;
(9) documentation of notice
				requesting public comment on the proposed use within a 30-day period, including
				information as described in Paragraphs (1), (2) and (6) of Subsection A of
				20.6.4.16 NMAC, provided to:
(a) local
				political subdivisions;
(b) local
				water planning entities;
(c) local
				conservancy and irrigation districts; and
(d) local media outlets, except that the
				petitioner shall only be required to publish notice in a newspaper of
				circulation in the locality affected by the proposed use.
(10) copies of public comments received in
				response to the publication of notice and the petitioner's responses to public
				comments received;
(11)
				post-treatment assessment monitoring protocol; and
(12) any other information required by the
				commission.