N.M. Admin. Code § 20.9.4.12 - SITING CRITERIA FOR TRANSFER STATIONS AND PROCESSING FACILITIES

No transfer station or processing facility initially permitted after the effective date of these regulations shall be located in the following areas:

A. a floodplain, a watercourse, or a wetland, except:

(1) a transfer station property boundary may extend into or cross a floodplain, watercourse, or wetland if those areas will not be impacted by structures or activities of the facility; and

(2) engineering structures designed to prevent impacts to or from a floodplain, watercourse, or wetland may be constructed subject to prior approval of the secretary;

B. within 250 feet of a permanent residence, institution, school, place of worship, or hospital, that existed at the time the transfer station permit application was submitted, unless the applicant demonstrates that a shorter distance of no less than 50 feet has been affirmatively approved by the local government;

C. within an unstable area, except where the owner or operator demonstrates that engineering measures have been incorporated into the facility design to ensure that the integrity of the structural components of the facility will not be disrupted or unless otherwise approved by the secretary; or

D. within historically or archaeologically significant sites, unless in compliance with the Cultural Properties Act, NMSA 1978, Sections 18-6-1 to 18-6-23 and the Prehistoric and Historic Sites Preservation Act, NMSA 1978, Sections 18-8-1 to 18-8-8.

Notes

N.M. Admin. Code § 20.9.4.12

20.9.4.12 NMAC - N, 08/02/07