N.M. Admin. Code § 20.1.3.7

Current through Register Vol. 35, No. 21, November 5, 2024

Section 20.1.3.7 - DEFINITIONS

A. General: As used in this part:

(1) "abatement plan action" means those actions that may be appealed to the commission pursuant to 20.6.2.4114 NMAC;

(2) "abatement plan hearing" means a proceeding before the commission initiated by the timely filing of an abatement plan petition filed pursuant to 20.6.2.4114 NMAC;

(3) "act" means, as the context requires:

(a) the Water Quality Act, NMSA 1978 Chapter 74, Article 6 and its subsequent amendments and successor provisions;

(b) the Utility Operators Certification Act, NMSA 1978 Chapter 61, Article 33 and its subsequent amendments and successor provisions; and

(c) any other statute enacted or amended by the legislature that includes authority for adjudicatory proceedings before the commission when the commission applies this part to such proceedings;

(4) "applicant" means the person who is the holder of, or the applicant for, the permit or abatement plan that is the subject of the action to which a permit review petition or abatement appeal petition applies;

(5) "commission" means the water quality control commission or its successor agency under the act;

(6) "compliance order" means a written administrative order issued by the department pursuant to NMSA 1978 Sections 61-33-10 or 74-6-10;

(7) "compliance order hearing" means a proceeding before the commission initiated by the timely filing of a request for compliance order hearing;

(8) "department" means the applicable constituent agency, that, pursuant to its authority under the act, either (a) performed the permitting action or abatement plan action which is the subject of a petition; (b) is charged with implementing the regulations at the site where the variance is sought; or (c) issued the compliance order;

(9) "hearing" means the evidentiary hearing conducted before the commission or a hearing officer on an abatement plan petition, a variance petition or a request for compliance order hearing unless the context requires otherwise;

(10) "hearing clerk" means the person designated to maintain the official record of the proceeding and unless otherwise ordered is the commission administrator;

(11) "hearing officer" means the person designated under this part or appointed by the commission to conduct a proceeding under this part ;

(12) "party" means:

(a) for the purposes of a permit review, the petitioner, the applicant if different from the petitioner, the department, and, upon motion to the commission, any person who permitted to intervene in the review pursuant to NMRA 1-024;

(b) for purposes of an abatement plan hearing, the petitioner, the applicant if different from the petitioner, the department, any person who participated in the abatement plan action before the department and who files an entry of appearance, and any constituent agency;

(c) for purposes of a variance hearing, the petitioner, the department, any person who has an interest in the proceeding and files an entry of appearance, and any other constituent agency; and

(d) for purposes of a compliance order hearing, the respondent and the department;

(13) "permit review" means a record review proceeding before the commission initiated by the timely filing of a record review petition filed pursuant to NMSA 1978 Section 74-6-5(O);

(14) "permitting action" means those actions that may be appealed to the commission pursuant to the Water Quality Act, NMSA 1978 Section 74-6-5(O), including the certification of a federal water quality permit;

(15) "petition" means a written petition (a) for review of a permitting action filed under NMSA 1978 Section 74-6-5(O); (b) for hearing on an abatement plan action filed under 20.6.2.4114 NMAC: or (c) for hearing on a variance filed under NMSA 1978 Section 74-6-4(G) or 20.6.2.1210 NMAC;

(16) "petitioner" means any person who files a timely petition and who is entitled to be a party pursuant to Subparagraphs (a), (b), and (c) of Paragraph (12) of this subsection;

(17) "record proper" means all documents filed by or with the hearing clerk during the proceeding and includes:

(a) the verbatim record of the hearing and all exhibits offered into evidence at the hearing, whether or not admitted;

(b) for a permit review, the administrative record of the department; and

(c) minutes, or an appropriate extract of minutes, of any commission meeting where the commission deliberated or acted on any procedural or substantive issue in the proceeding;

(18) "regulations" means any rules or standards promulgated by the commission to implement the act;

(19) "request for compliance order hearing" means a written request for hearing on a compliance order filed by a respondent pursuant to NMSA 1978 Section 61-33-10(E) or 74-6-10(G);

(20) "respondent" means any person to whom a compliance order has been issued;

(21) "technical evidence" means scientific, engineering, economic or other specialized testimony, but does not include legal argument, general comments, or statements of policy or position concerning matters at issue in the hearing; and

(22) "variance hearing" means a proceeding before the commission initiated by the timely filing of a variance petition filed pursuant to NMSA 1978 Section 74-6-4(G), Subsection F of 20.6.2.4103 NMAC or 20.6.2.1210 NMAC.

B. Terms defined in act or regulations: Terms defined in the act or regulations and not defined in this part are used consistent with the meanings given in the act or regulations.

N.M. Admin. Code § 20.1.3.7

20.1.3.7 NMAC - Rp, 20 NMAC 1.3.I.108, 10/15/2010