N.M. Admin. Code § 20.11.7.12 - PETITION FOR VARIANCE - FEE
A. A person seeking a variance from a
regulation of the board or a permit condition imposed by the department shall
do so by delivering a written petition for variance to the director and the
division manager. The petitioner shall use petition forms obtained from the
department . The petition form shall include information regarding how the
public may obtain additional information from the division regarding the
petition, including information regarding the date, time and place of any
variance petition hearing before the board .
B. Petitions shall:
(1) be delivered to the director and the
division manager within 30 consecutive days after the date the petitioner had
actual or constructive knowledge of the limitation regarding which the
petitioner is seeking a variance;
(2) state the petitioner 's name, address,
telephone number, and, if available, facsimile number, cellular telephone
number and other contact information;
(3) state the date the petition is delivered
to the director and the division manager;
(4) describe the facility or activity
regarding which the variance is sought, if applicable;
(5) state the address or description of the
property upon which the facility is located, if applicable;
(6) identify and provide a citation to the
limitation prescribed by the Air Quality Control Act , the regulation of the
board or the permit condition imposed by the department regarding which the
variance is sought;
(7) state in
detail the extent to which the petitioner wishes to vary from the
limitation;
(8) state why the
petitioner believes the variance is justified and can be approved by the board
consistent with the requirements of the Air Quality Control Act , specifically,
Subsections A and B of 74-2-8 NMSA 1978, Variances;
(9) state any time periods, limitations and
other conditions that must be included in the variance in order to comply with
Subsection C of 74-2-8 NMSA 1978; and
(10) be signed by the petitioner or by a
person who is authorized to sign on the petitioner 's behalf. If the person
signing is not the petitioner , the person signing shall state in writing the
source of the authority to sign on petitioner 's behalf and shall attach the
proof of authority to the petition that is delivered to the division
manager.
C. The fee for
filing a variance petition that is required by Subsection J of
20.11.2.18 NMAC shall accompany
the copy of the petition that is delivered to the division manager.
D. No later than five consecutive days after
the petitioner delivers a copy of the variance petition to the director and
division manager, the petitioner shall send by certified mail a copy of the
variance petition to the president of each city of Albuquerque and county of
Bernalillo neighborhood association within one-half mile of the existing or
proposed stationary source or location, if any, that is the subject of the
petition for variance. When it is considered to be warranted, because of the
characteristics and mobility of the pollutant(s) and density of the population,
the department and the petitioner may agree that the petitioner will notify by
certified mail additional neighborhood associations beyond the one-half mile
line. The address of each president shall be obtained from the city of
Albuquerque government and the county of Bernalillo government, as applicable.
The petitioner shall pay all costs related to the mailing. If the petitioner
receives notice from the United States postal service that a certified letter
was not delivered, the petitioner shall make a second, good faith effort to
determine the valid neighborhood association contact and mailing address, and
the petitioner shall mail or hand deliver a copy of the variance petition to
that person . The petitioner shall complete a proof of delivery form obtained
from the division , attach documentation establishing delivery of a copy of the
petition and any additional good faith efforts to deliver, and shall deliver
the completed proof of delivery form and related documentation to the division
seven consecutive days before the start of the evidentiary phase of the
variance petition hearing.
Notes
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