N.M. Admin. Code § 20.9.4.9 - SITING CRITERIA FOR MUNICIPAL, OR SPECIAL WASTE, CONSTRUCTION AND DEMOLITION LANDFILLS, AND MONOFILLS

A. No municipal, construction and demolition, or special waste landfill or monofill shall be located where, on the date of the first public notice as required in 20.9.3 NMAC, any portion of the proposed disposal area is:

(1) in a floodplain, within 500 feet of a wetlands, or within 200 feet of a watercourse unless the watercourse has been altered pursuant to an approval from the army corps of engineers or other appropriate authority;

(2) where the top of the uppermost aquifer will be closer than 100 feet to the bottom of the fill, or for construction and demolition landfills that do not accept more than 25 tons per day annual average, where the top of the uppermost aquifer will be closer than 50 feet to the bottom of the fill;

(3) where new, abandoned, or exploration subsurface mines registered with the New Mexico department of energy, minerals and natural resources a may pose a risk of subsidence or instability;

(4) within 200 feet of a fault that has had a displacement within Holocene time (i.e., the past 11,000 years), unless the owner or operator demonstrates to the secretary that an alternative setback of less than 200 feet will prevent damage to the structural integrity of the facility and will be protective of public health, welfare and the environment;

(5) 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;

(6) within 1,000 feet of a public water supply well or a private drinking water supply well with a sustainable yield of 100 gallons per minute or more, unless, in the case of registered unpermitted landfills, the well was constructed after the landfill began operations;

(7) within 350 feet of a public water supply well or private well with a maximum sustainable yield of less than 100 gallons per minute, unless the well was constructed after the landfill began operations or the well was installed by the landfill owner or operator for operational use;

(8) within the distance to airports set by the federal aviation administration unless the landfill owner or operator demonstrates that the federal aviation administration does not object to construction and operation of the landfill at the proposed site;

(9) within 50 feet of the facility property boundaries nor within 500 feet of a permanent residence, school, hospital, institution or church, or unless, in the case of registered unpermitted landfills, the permanent residence, school, hospital, institution or place of worship was constructed after the landfill began operations;

(10) in an active alluvial fan (i.e., areas being currently aggraded by either permanent or intermittent streams;

(11) within areas that will result in the destruction or adverse modification of the critical habitat of endangered or threatened species as identified in either 50 CFR Part 17 or by the New Mexico department of game and fish in its most recent biennial review;

(12) within seismic impact zones, unless the owner or operator demonstrates that all containment structures, including liners, leachate collection systems, and surface water control systems, are designed to resist the maximum horizontal acceleration in lithified earth material for the site; or

(13) within an unstable area, unless the owner or operator demonstrates that engineering measures have been incorporated into the landfill design to ensure that the integrity of the structural components of the landfill will not be disrupted.

B. Category 3 landfills that cannot make the demonstration specified in Paragraph (1) of Subsection A of this section pertaining to floodplains or Paragraph (8) of Subsection A of this section pertaining to airports, or Paragraph (13) of Subsection A of this section, pertaining to unstable areas, shall close in accordance with the closure and post-closure provisions in 20.9.6 NMAC.

Notes

N.M. Admin. Code § 20.9.4.9

20.9.4.9 NMAC - Rp, 20 NMAC 9.1.III.302, 08/02/07