Current through Register Vol. 35, No. 18, September 24, 2024
A. Any person
seeking a variance from any requirements of 20.9.2 - 20.9.10 NMAC shall do so
in accordance with Permit Procedures - Environment Department, 20.1.4
NMAC.
B. Variance petitions shall
be accompanied by proof of public notice as in accordance with the Solid Waste
Act and with Permit Procedures - Environment Department, 20.1.4 NMAC. The
public notice shall:
(1) contain the name of
the owner and operator of the solid waste facility;
(2) address and telephone number at which
interested persons may obtain further information;
(3) briefly describe for what the variance is
being sought and the proposed alternative;
(4) state the time period for which the
variance is sought;
(5) be provided
by certified mail to the owners of record, as shown by the most recent property
tax schedule and tax exempt entities of record, of all properties:
(a) within one hundred feet of the property
on which the facility is located if the facility is in a class A or H class
county or a municipality with a population of more than 2,500 persons;
or
(b) within one-half mile of the
property on which the facility is located in a county or municipality other
than those specified in Subparagraph (a) of Paragraph (5) of Subsection B of
this section;
(6) be
provided by certified mail to all municipalities and counties within a 10 mile
radius of the property on which the facility is located;
(7) be published once in a newspaper of
general circulation in each county in which the property on which the facility
is located; this notice shall appear in either the classified or legal
advertisements section of the newspaper and at one other place in the newspaper
calculated to give the general public the most effective notice and, and when
appropriate shall be printed in both English and Spanish; and
(8) be posted in at least four publicly
accessible and conspicuous places, including the existing facility entrance on
the property on which the facility is located.
C. The secretary shall deny the variance
petition unless the petitioner establishes evidence that:
(1) application of the regulation would
result in an arbitrary and unreasonable taking of the applicant's property or
would impose an undue economic burden upon any lawful business, occupation or
activity; and
(2) granting the
variance will not result in any condition injurious to public health, safety or
welfare or the environment.
D. No variance shall be granted until the
secretary has considered the relative interests of the applicant, other owners
of property likely to be affected, and the general public.
E. Variance or renewal of a variance shall be
granted for time periods and under conditions consistent with reasons for the
variance but within the following limitations:
(1) if the variance is granted on the grounds
that there are no practicable means known or available for the adequate
prevention of degradation of the environment or the risk to the public health,
safety or welfare, it shall continue only until the necessary means for the
prevention of the degradation or risk become known and available;
(2) if the variance is granted on the grounds
that it is justified to relieve or prevent hardship of a kind other than that
provided for in Paragraph (1) of this subsection, it shall not be granted for
more than one year.
F.
Any variance granted by the secretary shall be reviewed for consistency with
existing federal regulations.
