Current through Register Vol. 35, No. 18, September 24, 2024
A. Permit required.
No person shall operate a surface waste management facility (other than a small
landfarm registered pursuant to Paragraph (1) of Subsection A of
19.15.36.16 NMAC)
except pursuant to and in accordance with the terms and conditions of a
division-issued surface waste management facility permit. The applicant for a
permit or permit modification, renewal or transfer shall be the operator of the
surface waste management facility. The operator is responsible for the actions
of the operator's officers, employees, consultants, contractors and
subcontractors as they relate to the operation of the surface waste management
facility. Any person who is involved in a surface waste management facility's
operation shall comply with 19.15.36 NMAC and the permit.
B. Permitting requirements. Except for small
landfarms registered pursuant to Paragraph (1) of Subsection A of
19.15.36.16 NMAC,
new commercial or centralized facilities prior to commencement of construction,
and existing commercial or centralized facilities prior to modification or
permit renewal, shall be permitted by the division in accordance with the
applicable requirements of Subsection C of 19.15.36.8 NMAC and
19.15.36.11
NMAC.
C. Application requirements
for new facilities, major modifications and permit renewals. An applicant or
operator shall file an application, form C-137, for a permit for a new surface
waste management facility, to modify an existing surface waste management
facility or for permit renewal with the environmental bureau in the division's
Santa Fe office. The application shall include:
(1) the names and addresses of the applicant
and principal officers and owners of twenty-five percent or more of the
applicant;
(2) a plat and
topographic map showing the surface waste management facility's location in
relation to governmental surveys (quarter-quarter section, township and range);
highways or roads giving access to the surface waste management facility site;
watercourses; fresh water sources, including wells and springs; and inhabited
buildings within one-half mile of the site's perimeter based upon the records
of the applicable county clerk or clerk's office;
(3) the names and addresses of the surface
owners of the real property on which the surface waste management facility is
sited and surface owners of the real property within one mile of the site's
perimeter;
(4) a description of the
surface waste management facility with a diagram indicating the location of
fences and cattle guards, and detailed construction/installation diagrams of
pits, liners, dikes, piping, sprayers, tanks, roads, fences, gates, berms,
pipelines crossing the surface waste management facility, buildings and
chemical storage areas;
(5)
engineering designs, certified by a registered professional engineer, including
technical data on the design elements of each applicable treatment, remediation
and disposal method and detailed designs of surface impoundments;
(6) a plan for management of approved oil
field wastes that complies with the applicable requirements contained in
19.15.36.13
NMAC,
19.15.36.14
NMAC,
19.15.36.15
NMAC and
19.15.36.17
NMAC;
(7) an inspection and
maintenance plan that complies with the requirements contained in Subsection L
of
19.15.36.13
NMAC;
(8) a hydrogen sulfide
prevention and contingency plan that complies with those provisions of 19.15.11
NMAC that apply to surface waste management facilities;
(9) a closure and post closure plan,
including a responsible third party contractor's cost estimate, sufficient to
close the surface waste management facility in a manner that will protect fresh
water, public health and the environment, and to comply with the closure and
post closure requirements contained in Subsections A through F of
19.15.36.18
NMAC;
(10) a contingency plan that
complies with the requirements of Subsection N of
19.15.36.13
NMAC and with NMSA 1978, Sections 12-12 -1 through 12-12-30, as
amended;
(11) a plan to control
run-on water onto the site and run-off water from the site that complies with
the requirements of Subsection M of
19.15.36.13
NMAC;
(12) in the case of an
application to permit a new or expanded landfill, a leachate management plan
that describes the anticipated amount of leachate that will be generated and
the leachate's handling, storage, treatment and disposal, including final post
closure options;
(13) in the case
of an application to permit a new or expanded landfill, a gas safety management
plan that complies with the requirements of Subsection O of
19.15.36.13
NMAC;
(14) a best management
practice plan to ensure protection of fresh water, public health and the
environment;
(15)
geological/hydrological data including:
(a) a
map showing names and location of streams, springs or other watercourses, and
water wells within one mile of the site;
(b) laboratory analyses, performed by an
independent commercial laboratory, for major cations and anions; BTEX; RCRA
metals; and TDS of ground water samples of the shallowest fresh water aquifer
beneath the proposed site;
(c)
depth to, formation name, type and thickness of the shallowest fresh water
aquifer;
(d) soil types beneath the
proposed surface waste management facility, including a lithologic description
of soil and rock members from ground surface down to the top of the shallowest
fresh water aquifer;
(e) geologic
cross-sections;
(f) potentiometric
maps for the shallowest fresh water aquifer; and
(g) porosity, permeability, conductivity,
compaction ratios and swelling characteristics for the sediments on which the
contaminated soils will be placed;
(16) certification by the applicant that
information submitted in the application is true, accurate and complete to the
best of the applicant's knowledge, after reasonable inquiry; and
(17) other information that the division may
require to demonstrate that the surface waste management facility's operation
will not adversely impact fresh water, public health or the environment and
that the surface waste management facility will comply with division rules and
orders.
D. Application
requirements for minor modifications. Before making a minor modification, the
operator of an existing surface waste management facility shall file a form
C-137A with the environmental bureau in the division's Santa Fe office
describing the proposed change . Minor modifications are not subject to
Subsection C of 19.15.36.8 NMAC. If the division denies the application for a
minor modification, the operator may request a hearing pursuant to Subsection B
of
19.15.36.10
NMAC.
