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 19.15.17.15 - EXCEPTIONS AND VARIANCES

Universal Citation: 19 NM Admin Code 19.15.17.15

Current through Register Vol. 35, No. 18, September 24, 2024

A. Variances.

(1) An operator shall demonstrate with a complete application to the appropriate division district office that the requested variance provides equal or better protection of fresh water, public health and the environment. The appropriate division district office shall approve or deny the variance within 60 days of receipt of the complete application.

(2) If the appropriate division district office denies the variance then it shall notify the operator within 60 days of receipt of the complete application for the reasons of denial by certified mail, return receipt requested. If the operator requests a hearing within 10 days after receipt of such notice, the division shall set the matter for hearing, with notice to the operator and the appropriate division district office.

(3) An application for a variance shall include:
(a) a statement in detail explaining why the applicant wants to vary from the requirement of 19.15.17 NMAC, and

(b) a detailed written demonstration that the variance will provide equal or better protection of fresh water, public health and the environment.

(4) If a variance goes to hearing pursuant to Paragraph (2) of Subsection A of 19.15.17.15 NMAC, in addition to the hearing process required by 19.15.4 NMAC, the application for hearing shall include:
(a) a copy of the complete application submitted for a variance under Paragraph (3) of Subsection A of 19.15.17.15 NMAC;

(b) proof of notification to the surface owner of the location of the requested variance.

(5) The division clerk will set the application for hearing as soon as practicable.

B. Exceptions.

(1) An operator may apply to the division's Santa Fe office for an exception that is allowed by a provision of 19.15.17 NMAC.

(2) The operator shall give written notice by certified mail, return receipt requested, to:
(a) the surface owner of record where the exception is requested, or will be located;

(b) surface owners of record within one-half mile of such location;

(c) the county commission of the county where the pit, or proposed alternative is, or will be, located;

(d) the appropriate city official if the pit, or proposed alternative is, or will be, located within city limits, within one-half mile of the city limits or within the city's zoning and planning jurisdiction;

(e) federal agencies managing lands within one-half mile of such location;

(f) affected tribal or pueblo governments; and

(g) such other persons as the division's Santa Fe office may direct.

(3) Receipt of notice that is given pursuant to this sub-part shall not be construed as an indication of standing to request a hearing pursuant to Paragraph (6) of Subsection B of 19.15.17.15 NMAC.

(4) The operator shall issue public notice by publication one time in a newspaper of general circulation in the county where the pit, or proposed alternative, is, or will be located. Required written and public notices require the division's Santa Fe office's approval. The division shall post notice of the application on the division's website.

(5) An operator shall demonstrate with a complete application to the Santa Fe office that the requested exception provides equal or better protection of fresh water, public health and the environment. The Santa Fe office shall approve or deny the exception within 90 days of receipt of the complete application.

(6) Within 30 days after the operator or the division sends notice of the requested exception anyone may submit comments to the director and any person with standing to contest the requested exception may request a hearing. If the director determines that a request for hearing presents issues that have technical merit or there is significant interest from the affected public, then the director may cause the matter to be set for hearing. If the director determines that a hearing is not necessary due to technical merit, significant public interest or otherwise then the Santa Fe office may grant the exception without a hearing. The Santa Fe office may grant the exception administratively if the Santa Fe office receives no comments or requests for hearing within the time for commenting.

(7) If the Santa Fe office denies the exception then it shall notify the operator within 90 days of receipt of the complete application for the reasons of denial by certified mail, return receipt requested. If the operator requests a hearing within 21 days after receipt of such notice, the division shall set the matter for hearing, with notice to the operator and the appropriate division district office.

(8) An application for an exception shall include:
(a) a statement in detail explaining why the applicant wants an exception to the requirement of 19.15.17 NMAC, and

(b) a detailed written demonstration that the exception will provide equal or better protection of fresh water, public health and the environment.

(9) If an exception goes to hearing pursuant to Subsection B of 19.15.17.15 NMAC, in addition to the requirements of 19.15.4 NMAC, the hearing application shall include:
(a) a copy of the complete application submitted for the exception; and

(b) a proof of notification of the hearing application to parties identified in Paragraph (2) of Subsection B of 19.15.17.15 NMAC.

(10) The division clerk will set the application for hearing as soon as practicable.

Disclaimer: These regulations may not be the most recent version. New Mexico may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.