N.M. Admin. Code § 19.15.17.16 - PERMIT APPROVALS, CONDITIONS, DENIALS, REVOCATIONS, SUSPENSIONS, MODIFICATIONS OR TRANSFERS
A. The
division shall review all applications to permit facilities subject to 19.15.17
NMAC. Within 30 days of receiving an application the division shall make an
administrative completeness determination or provide written notice of
deficiencies to the application's signatory. The application will be considered
complete if written notice is not provided by the division within the 30 day
evaluation period.
B. Whether or not
the division deems an application to be administratively complete within the 30
day evaluation period, the division shall also have an additional 30 days to
approve, deny or approve with conditions an application. If the division does
not take action within the 60 days review period, then the application is
deemed denied and the operator may file an application for hearing with the
division clerk.
C. Conditions. The
division may impose conditions or requirements that it determines are necessary
and proper for the protection of fresh water, public health, and the
environment provided the conditions or requirements are based on the provisions
of the Oil and Gas Act 70-2 NMSA or current division regulations. The division
shall incorporate such additional conditions or requirements into the
permit.
D. Denial of application.
The division shall deny, in writing, an application for a permit if it finds
that the application and materials that the operator submitted for
consideration with the application do not sufficiently demonstrate that the
operator can construct, operate and close the proposed pit, or proposed
alternative in a manner that is protective of fresh water, public health, and
the environment.
E. Revocation,
suspension or modification of a permit. The operator may apply to the division
for a modification of the permit pursuant to 19.15.17 NMAC. The operator shall
demonstrate that the proposed modification complies with the applicable
provisions of 19.15.17 NMAC. The division may revoke, suspend or impose
additional operating conditions or limitations on a permit at any time, after
notice and opportunity for a hearing, if the division determines that the
operator or the permitted facility is in material breach of any applicable
statutes or rules, or that such action is necessary for the protection of fresh
water, public health or the environment. The division shall notify the operator
by certified mail, return receipt requested, of any intended revocation,
suspension or imposition of additional conditions, and the operator shall have
10 days after receipt of notification to request a hearing pursuant to 19.15.4
NMAC. The division may suspend a permit or impose additional conditions or
limitations without hearing in an emergency to forestall an imminent threat to
fresh water, public health, or the environment, subject to the provisions of
NMSA 1978, Section
70-2-23, as amended.
F. Transfer of a permit. The operator shall
not transfer a permit without the division's prior written approval. The
division's approval of an application to transfer a well or other facility with
which a permitted pit is associated shall constitute approval of the transfer
of the permit for the pit.
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