N.M. Admin. Code § 19.15.34.16

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

Section 19.15.34.16 - VARIANCES

A. An operator may file a written request for a variance from any requirement of these rules with the division district office. The request for variance shall include:

(1) a detailed statement explaining the need for a variance; and

(2) a detailed written demonstration that the variance will provide equal or better protection of fresh water, public health and the environment.

B. The division district office shall approve or deny the variance within 60 days of receipt. If the division district office denies the variance, it shall provide the operator with the reasons for denial by certified mail, return receipt requested.

C. If a request for variance from the requirements of this rule is not approved or denied within 60 days of the date the request for variance is received by the district office, the operator may seek a hearing pursuant to 19.15.4 NMAC.

D. If the operator requests a hearing pursuant to 19.15.4 NMAC within 60 days after receipt of notice, the division shall set the matter for hearing, with notice to the operator and the appropriate division district office.

E. The operator shall provide notice of the hearing on the request for variance to the surface owner of the site by certified mail, return receipt requested, at least 20 days prior to the date of hearing.

F. Variances must receive division approval prior to implementation.

N.M. Admin. Code § 19.15.34.16

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