N.M. Admin. Code § 19.11.3.9

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

Section 19.11.3.9 - PERMIT HEARING NOTICE

A. The division shall publish notice of a permit hearing in the name of the "State of New Mexico", signed by the director stating:

(1) the time and place for the hearing;

(2) the hearing requestor's name and address, or address of the requestor's attorney, including an e-mail address, if available;

(3) a case name and number;

(4) brief description of the purpose of the hearing; and

(5) a reasonable description of the subject matter of the hearing that alerts persons who may be affected if the division approves or enacts the proposed action.

B. The division shall publish notice of each hearing at least 30 days before the hearing by:

(1) posting notice on the division's website;

(2) delivering written notice to the hearing requestor, by certified mail, return receipt requested and the applicant or permittee if not the hearing requestor;

(3) delivering written notice by ordinary first class United States mail to federal and state agencies with jurisdiction over fish and wildlife resources and state and tribal historic preservation officers;

(4) delivering written notice by ordinary first class United States mail to the EPA and any other agency which the division knows has issued or is required to issue a Resource Conservation and Recovery Act permit, an air quality permit, a national pollutant discharge elimination system permit, 404 permit or sludge management permit for the same facility or activity;

(5) delivering written notice by ordinary first class United States mail to any unit of local government having jurisdiction over the area where the well or facility is to be located and to any state agency having authority with respect to the construction or operation of the well or facility;

(6) delivering written notice by ordinary first class United States mail or e-mail to each person who has requested in writing to be notified of such hearings or of the hearing for a specific application;

(7) delivering written notice by ordinary first class United States mail or e-mail to persons on a mailing list developed by the division including those who request in writing to be on the list, soliciting persons for "area lists" from participants in past permit proceedings in that area and notifying the public of the opportunity to be put on the mailing list through periodic publications in the public press, etc.; and

(8) publishing notice in a newspaper of general circulation in the county where the well or facility is located or is proposed to be located or in a newspaper of general circulation in the state.

N.M. Admin. Code § 19.11.3.9

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