Current through Register Vol. 35, No. 18, September 24, 2024
A.
Submittal of application. The applicant shall submit three copies (two paper
copies and one electronic copy) of the application to the division's Santa Fe
office for consideration of approval. Upon receipt of an application for a new
surface waste management facility, or a renewal or major modification of an
existing permit, the division shall post a notice on the division's website
that lists the type of facility, type of application, county or municipality
where the facility is located and name of the applicant, and provides
information on where the application can be viewed and whom to contact to be
placed on a mailing list for notice regarding a proposed decision.
B. Division review: Within 90 days after the
receipt of an application, the division shall review the application and
determine if the application is approvable, approval with conditions or not
approvable.
(1) Upon completion of the
division's review, if the division determines the application is approvable,
the division shall, within 30 days following such determination, prepare a
proposed decision, which may include conditions, and mail notice of the
proposed approval, together with a copy of the proposed decision, by certified
mail, return receipt requested, to the applicant. The division shall post the
proposed decision on the division's website.
(2) Upon completion of the division's review,
if the division determines the application is not approvable, the division
shall, within 60 days of such determination, mail a deficiency letter by
certified mail, return receipt requested, to the applicant. The deficiency
letter shall identify and address all of the division's concerns regarding the
application in specific detail allowing the applicant the opportunity to
correct the deficiencies by submitting a revised application.
(3) If the division issues a deficiency
letter, the applicant shall have 60 days from the division's issuance of the
deficiency letter to submit a revised application. The applicant may request,
in writing, additional time to submit a revised application. The division shall
grant additional time for good cause. The applicant may notify the division
that it will not submit a revised application. Within 10 days of receipt of the
notification the division shall deny the application without prejudice. If the
applicant fails to timely submit a revised application or notify the division
that it will not submit a revised application, the division shall deny the
application without prejudice within 10 days after the 60 day time limit for
the applicant to respond to the deficiency letter has expired.
(4) If the applicant timely submits a revised
application, within 90 days of the receipt of the revised application the
division shall review the revised application and determine if the revised
application is approvable, approvable with conditions or not approvable. The
division shall mail notice of denial or the proposed approval with or without
conditions, together with a copy of the decision to deny or the proposed
decision to approve with or without conditions, by certified mail, return
receipt requested, to the applicant. A denial letter shall identify and address
all of the division's reasons for denial of the revised application. The
division shall post the decision to deny the application or the proposed
decision to approve the application with or without conditions on the
division's website.
(5) The
process provided in Subsection B of 19.15.36.9 NMAC is not intended to limit
informal informational exchanges during the application review period or prior
to submission of an application. The process also does not prohibit an
applicant from withdrawing an application and submitting a new application
under Subsection A of 19.15.36.9 NMAC.
C. Upon receipt of a proposed decision to
approve an application with or without conditions, the applicant shall provide
a division-approved notice of the proposed approval by:
(1) giving written notice, by certified mail,
return receipt requested, of the division's proposed decision to approve the
application with or without conditions to the surface owners within one-half
mile of the surface waste facility;
(2) publishing in a newspaper of general
circulation in the county or counties where the surface waste management
facility is or will be located;
(3) mailing notice by first class mail or
e-mail to persons, as identified to the applicant by the division, who have
requested notification of applications generally, or of the particular
application, and who have provided a legible return address or e-mail address;
and
(4) mailing notice by first
class or e-mail to affected local, state, federal or tribal governmental
agencies, as determined and identified to the applicant by the division.
D. This notice issued
pursuant to Subsection C of 19.15.36.9 NMAC shall include:
(1) the applicant's name and address;
(2) the surface waste management
facility's location, including a street address if available, and sufficient
information to locate the surface waste management facility with reference to
surrounding roads and landmarks;
(3) a brief description including the type of
facility (i.e. landfarm, landfill, treating plant, etc.) of
the proposed surface waste management facility;
(4) the depth to, and TDS concentration of,
the ground water in the shallowest aquifer beneath the surface waste management
facility site;
(5) a statement
that the division's proposed decision to approve the application with or
without conditions is available on the division's website, or, upon request,
from the division clerk, including the division clerk's name, address and
telephone number;
(6) a
division-approved description of alternatives, exceptions or waivers that may
be under consideration in accordance with Subsection F of
19.15.36.18
NMAC or
19.15.36.19
NMAC; and
(7) a statement of the
procedures for requesting a hearing on the application pursuant to 19.15.4
NMAC.
E. The applicant
shall mail notice that is required to be mailed on or before publication of the
notice that is published in a newspaper of general circulation in the county or
counties where the surface waste management facility is or will be located.
F. The applicant shall provide the
division with proof that the public notice requirements of Subsections C and D
of 19.15.36.9 NMAC have been met prior to the division scheduling a hearing
pursuant to
19.15.36.10
NMAC or issuing the permit.
G. If
after the applicant provides notice as required herein, no requests for hearing
are timely filed with the division as provided by
19.15.36.10
NMAC, or any such requests for hearing are filed by persons the division
determines lack standing, and the division does not otherwise schedule a
hearing pursuant to
19.15.36.10
NMAC, the division's proposed decision to approve the application with or
without conditions shall become final and the division shall issue the permit
upon the applicant providing financial assurance as provided in
19.15.36.10
NMAC.
