N.M. Admin. Code § 20.6.6.15 - PROCEDURES FOR REQUESTING PUBLIC HEARINGS ON PERMITTING ACTIONS FOR DAIRY FACILITIES
A. Requests for a hearing from any person, including the applicant for a discharge permit, on the proposed approval of a discharge permit (i.e., a draft discharge permit) or denial of a discharge permit application shall be postmarked on or before the end of the comment period, and submitted to the department pursuant to Subsection K of 20.6.2.3108 NMAC. The secretary shall deny requests that do not meet the requirements of Subsection K of 20.6.2.3108 NMAC and this section. The secretary shall provide notice of hearing denial by certified mail to the person(s) requesting a hearing.
B. The secretary shall deny a request for a hearing on the proposed approval of a discharge permit for a dairy facility (i.e., a draft discharge permit) disputing conditions contained in the dairy rule. Requests for a hearing on the proposed approval of a discharge permit for a dairy facility shall identify the specific additional discharge permit conditions being disputed or requested and the reasons such additional discharge permit conditions are being disputed or requested. Hearings held upon the secretary's approval shall be limited in scope to the disputed or requested additional discharge permit conditions identified in the request for hearing. The secretary shall deny requests for a hearing that fail to identify disputed or requested additional discharge permit conditions and the reasons why the additional discharge permit conditions are disputed or requested. The secretary shall provide notice of hearing denial by certified mail to the person(s) requesting a hearing.
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