N.M. Admin. Code § 20.6.2.3106 - APPLICATION FOR DISCHARGE PERMITS, RENEWALS, AND MODIFICATIONS
A. Any person who,
before or on June 18, 1977, is discharging any of the water contaminants listed
in 20.6.2.3103 NMAC or any toxic
pollutant so that they may move directly or indirectly into ground water shall,
within 120 days of receipt of written notice from the secretary that a
discharge permit is required, or such longer time as the secretary shall for
good cause allow, submit a discharge plan to the secretary for approval; such
person may discharge without a discharge permit until 240 days after written
notification by the secretary that a discharge permit is required or such
longer time as the secretary shall for good cause allow.
B. Any person who intends to begin, after
June 18, 1977, discharging any of the water contaminants listed in
20.6.2.3103 NMAC or any toxic
pollutant so that they may move directly or indirectly into ground water shall
notify the secretary giving the information enumerated in Subsection B of
20.6.2.1201 NMAC; the secretary
shall, within 60 days, notify such person if a discharge permit is required;
upon submission of a discharge plan , the secretary shall review the discharge
plan pursuant to
20.6.2.3108 and
20.6.2.3109 NMAC. For good cause
shown the secretary may allow such person to discharge without a discharge
permit for a period not to exceed 120 days.
C. Any person who intends to modify the
discharge of any of the water contaminants listed in
20.6.2.3103 NMAC or any toxic
pollutant in a manner that is a discharge permit modification as defined in
this part shall submit a discharge plan for modification that contains the
information required in Subsection D of
20.6.2.3106 NMAC; upon submission
of a discharge plan for modification, the secretary shall review the discharge
plan for modification pursuant to
20.6.2.3108 and
20.6.2.3109 NMAC.
D. A proposed discharge plan shall set forth
in detail the methods or techniques the discharger proposes to use or processes
expected to naturally occur which will ensure compliance with this part. At
least the following information shall be included in the plan:
(1) quantity, quality and flow
characteristics of the discharge;
(2) location of the discharge and of any
bodies of water , watercourses and ground water discharge sites within one mile
of the outside perimeter of the discharge site , and existing or proposed wells
to be used for monitoring;
(3)
depth to and TDS concentration of the ground water most likely to be affected
by the discharge;
(4) flooding
potential of the site;
(5) location
and design of site(s) and method(s) to be available for sampling, and for
measurement or calculation of flow;
(6) depth to and lithological description of
rock at base of alluvium below the discharge site if such information is
available;
(7) any additional
information that may be necessary to demonstrate that the discharge permit will
not result in concentrations in excess of the standards of
20.6.2.3103 NMAC at any place of
withdrawal of water for present or reasonably foreseeable future use; detailed
information on site geologic and hydrologic conditions may be required for a
technical evaluation of the applicant's proposed discharge plan ; and
(8) additional detailed information required
for a technical evaluation of underground injection control wells as provided
in 20.6.2.5000 through 20.6.2.5399
NMAC.
E. An applicant
for a discharge permit shall pay fees as specified in
20.6.2.3114 and
20.6.2.5302 NMAC.
F. An applicant for a permit to dispose of or
use septage or sludge, or within a source category designated by the
commission , may be required by the secretary to file a disclosure statement as
specified in 74-6-5.1 of the Water Quality Act .
G. If the holder of a discharge permit
submits an application for discharge permit renewal at least 120 days before
the discharge permit expires, and the discharger is not in violation of the
discharge permit on the date of its expiration, then the existing discharge
permit for the same activity shall not expire until the application for renewal
has been approved or disapproved. A discharge permit continued under this
provision remains fully effective and enforceable. An application for discharge
permit renewal must include and adequately address all of the information
necessary for evaluation of a new discharge permit . Previously submitted
materials may be included by reference provided they are current, readily
available to the secretary and sufficiently identified to be
retrieved.
Notes
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