N.M. Admin. Code § 20.6.6.35

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

Section 20.6.6.35 - CONTINUING EFFECT OF PRIOR ACTIONS DURING TRANSITION

A. A discharge permit issued pursuant to 20.6.2.3109 NMAC that has not expired on or before December 31, 2011, shall remain in effect and enforceable pursuant to the conditions of the discharge permit and for its term as designated by Section 74-6-5 NMSA 1978. If an effective discharge permit contains a permit condition with a time period for submittal of a renewal application that is different from the time period contained in Subsection A of 20.6.6.10 NMAC that condition will remain in effect for two years following the effective date of the dairy rule.

B. If an application for a new discharge permit or an application for a renewed or modified discharge permit was submitted to the department before December 31, 2011, and the department has not yet proposed a draft discharge permit for the facility, the application shall not be processed by the department . The applicant shall submit to the department an application for a new discharge permit or an application for a renewal, modifcation, renewal and modifcation or closure discharge permit pursuant to 20.6.6.10 NMAC and a fling fee and permit fee payment pursuant to 20.6.6.9 NMAC within 180 days of August 1, 2015. Application and permit fees already submitted by the facility shall be credited toward the fees required by 20.6.6.9 NMAC.

C. If a discharge permit for a dairy facility was expired on December 31, 2011, and an application for renewal has not been received by the department, the permittee, owner of record of the dairy facility or the holder of the expired discharge permit:

(1) shall within 90 days of August 1, 2015, submit to the department an application for a discharge permit renewal, renewal and modifcation or closure pursuant to 20.6.6.10 NMAC and a fling fee and permit fee payment pursuant to 20.6.6.9 NMAC; or

(2) if the dairy facility has not been constructed or operated, the permittee, the owner of record of the dairy facility or the holder of the expired discharge permit may submit a statement to the department instead of an application for renewal certifying that the facility has not been constructed or operated and that no discharges have occurred. Upon the department's verification of the certification, the department shall retire the discharge permit number from use.

D. The department shall take action on permit applications pending before the department as of August 1, 2015, and shall consider applications to modify final permits issued by the department under the dairy rule prior to August 1, 2015, as follows:

(1)If the department received an application for a discharge permit for a dairy facility after December 31, 2011, which is pending as of August 1, 2015, and the department has not issued a draft permit before August 1, 2015, then the department shall process the application in accordance with 20.6.6.10 NMAC and take action in accordance with the dairy rule, including the amendments effective as of August 1, 2015.

(2) If the department has issued a draft permit for a dairy facility, but not a final permit, as of August 1, 2015, then on or before September 30, 2015, the applicant may notify the department in writing to review the draft permit for changes to be consistent with the amendments to the dairy rule.

(a)If the department does not receive a written notice from the applicant to review the draft permit by September 30, 2015, then the department may act on the draft permit in accordance with Subsection J of 20.6.6.10 NMAC, including the issuance of a final permit, after considering all comments made on the draft permit and the record of any public hearing.

(b) If the department receives a written notice to review the draft permit by September 30, 2015, then the department may require the applicant to submit additional information, consistent with 20.6.6.12 NMAC, as necessary to reflect the amendments to the dairy rule effective as of August 1, 2015, and the applicant may supplement its permit application. After considering the additional information, the department shall either act on the application in accordance with Subsection G of 20.6.6.10 NMAC or, if the department determines that no significant changes to the draft permit are warranted, the department may proceed with a permit decision in accordance with Subsection J of 20.6.6.10 NMAC and shall explain in writing the reasons for not changing the draft permit. If a request for permit review is fled, any information submitted by an applicant who requested review of the draft permit shall be included in the administrative record fled by the department under Paragraph (2) of Subsection A of 20.1.3.16 NMAC.

(3) If the department has issued a final permit under the dairy rule before August 1, 2015, the permit holder may submit an application to modify the discharge permit to reflect amendments to the dairy rule pursuant to 20.6.6.10 NMAC along with the applicable fee specified in 20.6.6.9 NMAC.

(4) The department shall prioritize its review and permit actions under this subsection based upon potential impacts to ground water quality.

E.Any dairy facility discharging, capable of recommencing discharging, or that has ceased discharging within the term of its most recent discharge permit shall continue all monitoring and submittal of monitoring reports as prescribed in the most recent discharge permit until the department issues a renewed or renewed and modified discharge permit.

N.M. Admin. Code § 20.6.6.35

20.6.6.35 NMAC - N, 1/31/2011

Amended by New Mexico Register, Volume XXVI, Issue 11, June 16, 2015, eff. 6/16/2015