New Mexico Administrative Code
Title 20 - ENVIRONMENTAL PROTECTION
Chapter 11 - ALBUQUERQUE - BERNALILLO COUNTY AIR QUALITY CONTROL BOARD
Part 20 - FUGITIVE DUST CONTROL
Section 20.11.20.13 - FUGITIVE DUST CONTROL PROGRAMMATIC PERMITS

A. A fugitive dust control programmatic permit is required for single or multiple facility locations to address real property totaling three-quarters of an acre or more that is subject to routine maintenance, routine surface disturbance activities, or routine ongoing active operations. A programmatic permit application and fugitive dust control plan shall be submitted on forms provided by the department. Programmatic permits are valid for up to five years. The permittee shall pay the annual programmatic permit fee required by 20.11.2 NMAC, Fees, for each year covered by the programmatic permit. Receipt of the annual fee by the department shall result in an automatic annual renewal of the programmatic permit. A new programmatic permit application and fugitive dust control plan shall be submitted every five years or sooner if the surface disturbance activities or fugitive dust abatement strategies are modified. A filing and review fee is not required for a programmatic permit.

B. A person responsible for sloped (i.e. slopes having a steepness of three-to-one or steeper) and bottom portions of interior and riverside drains and canals used for irrigation purposes, and arroyos and public flood control facilities subject to routine maintenance or repair, sedimentation and water erosion shall obtain either a variance as provided by 20.11.7 NMAC or a programmatic permit as provided by Subsection A of 20.11.20.13 NMAC if the person does not elect to submit an application and obtain a fugitive dust control construction permit pursuant to 20.11.20.14 NMAC.

C. No signs or photographic documentation shall be required for the permits or activities subject to 20.11.20.13 NMAC. Appropriate permit application documentation shall be determined by the department.