N.M. Admin. Code § 20.6.6.16

Current through Register Vol. 35, No. 23, December 10, 2024

Section 20.6.6.16 - SETBACK REQUIREMENTS FOR DAIRY FACILITIES APPLYING FOR NEW DISCHARGE PERMITS

A. The setback requirements of this section apply to a dairy facility whose application for a new discharge permit is received by the department after the effective date of the dairy rule.

B. The setback requirements shall be measured as horizontal map distances.

C. The required setback distances shall be met as certified by the applicant as of the receipt date of the application.

D. If the setback requirements apply to a dairy facility, a permittee shall not propose or construct structures that violate the setback as determined as of the receipt date of the application for a new discharge permit by the department.

E. Production area setback requirements.

(1) The production area, excluding feed storage silos, feed storage barns and liquid feed tanks, shall be located:

(a) greater than 200 feet from the 100-year flood zone of any watercourse, or from the ordinary high-water mark of any watercourse for which no 100-year flood zone has been established (this setback distance shall not apply to ditch irrigations systems, acequias, irrigation canals and drains);

(b) greater than 200 feet (measured from the ordinary high-water mark) from a lakebed, sinkhole or playa lake;

(c) greater than 200 feet from any spring identified on a U.S. geological survey (USGS) topographic map and not identified as a supply of water for human consumption;

(d) greater than 350 feet from a private domestic water well or spring that supplies water for human consumption; and

(e) greater than 1000 feet from any water well or spring that supplies water for a public water system as defined by 20.7.10 NMAC, unless a wellhead protection program established by the public water system requires a greater distance.

(2) The requirements of Subparagraph (d) of Paragraph (1) of this subsection shall not apply to wells or springs that supply water to the dairy facility for human consumption and are located on the dairy facility.

(3) Setback distances for impoundments shall be measured from the top inside edge of the impoundment; distances for all other features shall be measured from the outer extent of the feature.

F. Land application area setback requirements.

(1) Any field within a land application area shall be located:

(a) greater than 100 feet from the 100-year flood zone of any watercourse, or from the ordinary high-water mark of any watercourse for which no 100-year flood zone has been established (this setback distance shall not apply to ditch irrigations systems, acequias, irrigation canals and drains);

(b) greater than 100 feet (measured from the ordinary high-water mark) from any lakebed, sinkhole or playa lake;

(c) greater than 100 feet from a private domestic water well or spring that supplies water for human consumption; and

(d) greater than 200 feet from any water well or spring that supplies water for a public water system as defined by 20.7.10 NMAC, unless a wellhead protection program established by the public water system requires a greater distance.

(2) The requirements of Subparagraph (c) of Paragraph (1) of this subsection shall not apply to wells or springs that supply water for human consumption to the dairy facility and are located on the dairy facility.

(3) Setback distances for fields shall be measured from the outer edge of the field.

N.M. Admin. Code § 20.6.6.16

20.6.6.16 NMAC - N, 1/31/2011