N.M. Code R. § 20.6.2.3108 - PUBLIC NOTICE AND PARTICIPATION
A. Within 15 days of receipt of an
application for a discharge permit, modification or renewal, the department
shall review the application for administrative completeness. To be deemed
administratively complete, an application shall provide all of the information
required by Paragraphs (1) through (5) of Subsection F of
20.6.2.3108
NMAC and shall indicate, for department approval, the proposed locations and
newspaper for providing notice required by Paragraphs (1) and (4) of Subsection
B or Paragraph (2) of Subsection C of
20.6.2.3108
NMAC. The department shall notify the applicant in writing when the application
is deemed administratively complete. If the department determines that the
application is not administratively complete, the department shall notify the
applicant of the deficiencies in writing within 30 days of receipt of the
application and state what additional information is necessary.
B. Within 30 days of the department deeming
an application for discharge permit or discharge permit modification
administratively complete, the applicant shall provide notice, in accordance
with the requirements of Subsection F of
20.6.2.3108
NMAC, to the general public in the locale of the proposed discharge in a form
provided by the department by each of the methods listed below:
(1) for each 640 contiguous acres or less of
a discharge site, prominently posting a synopsis of the public notice at least
2 feet by 3 feet in size, in English and in Spanish, at a place conspicuous to
the public, approved by the department, at or near the proposed facility for 30
days; one additional notice, in a form approved by and may be provided by the
department, shall be posted at a place located off the discharge site, at a
place conspicuous to the public and approved by the department; the department
may require a second posting location for more than 640 contiguous acres or
when the discharge site is not located on contiguous properties;
(2) providing written notice of the discharge
by mail or electronic mail, to owners of record of all properties within a 1/3
mile distance from the boundary of the property where the discharge site is
located; if there are no properties other than properties owned by the
discharger within a 1/3 mile distance from the boundary of property where the
discharge site is located, the applicant shall provide notice to owners of
record of the next nearest adjacent properties not owned by the
discharger;
(3) providing notice by
certified mail, return receipt requested, to the owner of the discharge site if
the applicant is not the owner; and
(4) publishing a synopsis of the notice in
English and in Spanish, in a display ad at least three inches by four inches
not in the classified or legal advertisements section, in a newspaper of
general circulation in the location of the proposed discharge.
C. Within 30 days of the
department deeming an application for discharge permit renewal administratively
complete, the applicant shall provide notice, in accordance with the
requirements of Subsection F of
20.6.2.3108
NMAC, to the general public in the locale of the proposed discharge in a form
provided by the department by each of the methods listed below:
(1) providing notice by certified mail to the
owner of the discharge site if the applicant is not the owner; and
(2) publishing a synopsis of the notice, in
English and in Spanish, in a display ad at least two inches by three inches,
not in the classified or legal advertisements section, in a newspaper of
general circulation in the location of the discharge.
D. Within 15 days of completion of the public
notice requirements in Subsections B or C of
20.6.2.3108
NMAC, the applicant shall submit to the department proof of notice, including
an affidavit of mailing(s) and the list of property owner(s), proof of
publication, and an affidavit of posting, as appropriate.
E. Within 30 days of determining an
application for a discharge permit, modification or renewal is administratively
complete, the department shall post a notice on its website and shall mail
notice to any affected local, state, federal, tribal or pueblo governmental
agency, political subdivisions, ditch associations and land grants, as
identified by the department. The department shall also mail or e-mail notice
to those persons on a general and facility-specific list maintained by the
department who have requested notice of discharge permit applications. The
notice shall include the information listed in Subsection F of
20.6.2.3108
NMAC.
F. The notice provided under
Subsection B, C and E of
20.6.2.3108
NMAC shallinclude:
(1) the name and address
of the proposed discharger;
(2) the
location of the discharge, including a street address, if available, and
sufficient information to locate the facility with respect to surrounding
landmarks;
(3) a brief description
of the activities that produce the discharge described in the
application;
(4) a brief
description of the expected quality and volume of the discharge;
(5) the depth to and total dissolved solids
concentration of the ground water most likely to be affected by the
discharge;
(6) the address and
phone number within the department by which interested persons may obtain
information, submit comments, and request to be placed on a facility-specific
mailing list for future notices; and
(7) a statement that the department will
accept comments and statements of interest regarding the application and will
create a facility-specific mailing list for persons who wish to receive future
notices.
G. All persons
who submit comments or statements of interest to the department or previously
participated in a public hearing and who provide a mail or e-mail address shall
be placed on a facility-specific mailing list and the department shall send
those persons the public notice issued pursuant to Subsection J of
20.6.2.3108
NMAC, and notice of any public meeting or hearing scheduled on the application.
All persons who contact the department to inquire about a specific facility
shall be informed of the opportunity to be placed on the facility-specific
mailing list.
H. Within 60 days
after the department makes its administrative completeness determination and
all required technical information is available, the department shall make
available a draft permit or a notice of intent to deny an application for a
discharge permit, modification or renewal. The draft permit shall include all
proposed effluent limitations or other conditions on proposed discharge, and
all proposed monitoring, recordkeeping, and reporting requirements. A draft
permit for a permit modification shall only include those permit conditions
proposed to be modified.
I. The
department shall prepare a fact sheet for every draft permit for a discharge at
a federal facility, except for discharges comprised solely of domestic liquid
waste, and for other draft permits as determined by the Secretary. The fact
sheet shall include:
(1) the information in
Paragraphs 1 - 4 of Subsection F of
20.6.2.3108
NMAC;
(2) the information in
Subsection J of
20.6.2.3108
NMAC; and
(3) a brief summary of
the basis for the draft permit conditions, including references to applicable
statutory or regulatory provisions and appropriate supporting references to the
administrative record.
J. The department shall mail by certified
mail a copy of the draft permit and fact sheet or notice of intent to deny to
the applicant and shall provide notice of the draft permit or the notice of
intent to deny by:
(1) posting on the
department's website;
(2)
publishing notice in a newspaper of general circulation in this state and a
newspaper of general circulation in the location of the facility;
(3) mailing or e-mailing to those persons on
a facility-specific mailing list;
(4) mailing to any affected local, state, or
federal governmental agency, ditch associations and land grants, as identified
by the department; and
(5) mailing
to the governor, chairperson, or president of each Indian tribe, pueblo or
nation within the state of New Mexico, as identified by the
department.
K. The
public notice issued under Subsection H shall include the information in
Subsection F of
20.6.2.3108
NMAC and the following information:
(1) a
brief description of the procedures to be followed by the secretary in making a
final determination;
(2) a
statement of the comment period and description of the procedures for a person
to request a hearing on the application; and
(3) the address, telephone number, and email
address at which interested persons may obtain a copy of the draft permit and
fact sheet or the notice of intent to deny.
L. In the event that the draft permit or
notice of intent to deny is available for review within 30 days of deeming the
application administratively complete, the department may combine the public
notice procedures of Subsections E and H of
20.6.2.3108
NMAC.
M. Following the public
notice of the draft permit or notice of intent to deny, and prior to a final
decision by the secretary, there shall be a period of at least 30 days during
which written comments may be submitted to the department and/or a public
hearing may be requested in writing. The 30-day comment period shall begin on
the date of publication of notice in the newspaper. All comments will be
considered by the department. Requests for a hearing shall be in writing and
shall set forth the reasons why a hearing should be held. A public hearing
shall be held if the secretary determines there is substantial public interest.
The department shall notify the applicant and any person requesting a hearing
of the decision whether to hold a hearing and the reasons therefore in
writing.
N. If a hearing is held,
pursuant to Subsection M of
20.6.2.3108
NMAC, notice of the hearing shall be given by the department at least 30 days
prior to the hearing in accordance with Subsection H of
20.6.2.3108
NMAC. The notice shall include the information identified in Subsection F of
20.6.2.3108
NMAC in addition to the time and place of the hearing and a brief description
of the hearing procedures. The hearing shall be held pursuant to
20.6.2.3110
NMAC.
Notes
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