N.M. Admin. Code § 19.11.2.12

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

Section 19.11.2.12 - PERMIT DECISIONS AND APPEALS

A. The division shall, in a timely manner after its receipt of an application for a permit, or modification or renewal of a permit, evaluate such application and determine whether it is acceptable for review. An application that is acceptable for review is one that includes the information 19.11.2.10 NMAC requires. If the division deems the application:

(1) acceptable for review, the division shall send a letter by e-mail and physical mail to the applicant notifying that applicant that the division will review the application;

(2) not acceptable for review, the division shall send a letter by e-mail and physical mail to the applicant stating what additional information or points of clarification are necessary to deem the application acceptable for review; upon receipt of the additional information or clarification, the division shall promptly review such information and determine whether the application is acceptable for review;

(3) acceptable for review but no permit is required, the division shall send a letter by e-mail and physical mail to the applicant informing the applicant of the determination.

B. Upon completion of the division's review of the application, the division shall either issue a draft permit or notice of intent to deny the application. A notice of intent to deny the application is a type of draft permit and follows the same procedure as a draft permit under 19.11.2 NMAC.

C. For draft permits for injection wells or facilities that include injection wells, the division shall prepare a fact sheet that includes a brief description of the type of facility or activity that is the subject of the draft permit; the type and quantity of wastes, fluids or pollutants that are proposed to be or are being treated, stored, disposed of, injected, emitted or discharged; a brief summary of the basis for the draft permit conditions including references to the administrative records; reasons why any requested variances or alternatives to required standards do or do not appear justified; a description of the procedures for reaching a final decision on the draft permit including the beginning and ending dates of the comment period and the address where comments will be received, procedures for requesting a hearing and the nature of that hearing and any other procedures by which the public may participate in the final decisions; the name and telephone number of a person to contact for additional information; and justification for waiver of any application requirements.

D. If after the applicant provides public notice as required in 19.11.2.13 NMAC, no requests for hearing are filed with the division within the 30 day public notice period as provided by 19.11.3.8 NMAC, or any such requests for hearing are filed by persons the division determines are not affected persons and the division does not otherwise schedule a hearing pursuant to 19.11.3.8 NMAC, the division's draft permit shall become final and the division, after receipt of acceptable financial assurance submitted by the applicant pursuant to 19.11.2.18 NMAC, shall issue the permit.

E. The division shall grant the permit or deny the permit based on information contained in the division's administrative record. The administrative record shall consist of the application, any other evidence the applicant submitted, any technical evidence or substantive written comments any person other than the division submitted, any other evidence considered by the division, a statement of matters officially noticed and, if a hearing is held, the evidence submitted at the hearing. The applicant has the burden of demonstrating that a permit or permit modification should be approved. If the division issues a permit, it shall issue a response to comments. The response to comments shall specify which provisions, if any, of the draft permit have been changed in the final permit decision, and the reasons for the change, and briefly describe and respond to all significant comments on the draft permit raised during the public comment period or during any hearing. The response to comments shall be available to the public.

F. A person subject to a final decision of the division may appeal to the district court pursuant to the provisions of Section 39-3-1.1 NMSA 1978.

N.M. Admin. Code § 19.11.2.12

Adopted by New Mexico Register, Volume XXIX, Issue 04, February 27, 2018, eff. 2/27/2018