N.M. Admin. Code § 19.15.34.11

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

Section 19.15.34.11 - SITING REQUIREMENTS FOR RECYCLING CONTAINMENTS

A. An operator shall not locate a recycling containment:

(1) where ground water is less than 50 feet below the bottom of the containment;

(2) within 300 feet of a continuously flowing watercourse, or 200 feet of any other significant watercourse or lakebed, sinkhole or playa lake (measured from the ordinary high-water mark);

(3) within 1000 feet of a permanent residence, school, hospital, institution or church in existence at the time of the initial registration;

(4) within 500 feet of a spring or fresh water well used for domestic or stock watering purposes in existence at the time of the initial registration;

(5) within incorporated municipal boundaries or within a defined municipal fresh water well field covered by a municipal ordinance adopted pursuant to Section 3-27-3 NMSA 1978, as amended, unless the municipality specifically approves the recycling containment in writing;

(6) within 500 feet of a wetland;

(7) within an area overlying a subsurface mine;

(8) within an unstable area unless the operator demonstrates that it has incorporated engineering measures into the design to ensure that the containment's integrity is not compromised; or

(9) within a 100-year floodplain.

B. In the absence of site-specific ground water data, the operator may use data generated by models, cathodic well lithology, published information or other tools as approved by the division district office.

C. An operator shall not locate material excavated during construction:

(1) within 100 feet of a continuously flowing watercourse or significant watercourse;

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

(3) within 100 feet of a wetland; or

(4) within a 100-year floodplain.

N.M. Admin. Code § 19.15.34.11

Adopted by New Mexico Register, Volume XXVI, Issue 06, March 31, 2015, eff. 3/31/2015