N.M. Code R. § 19.25.8.14

Current through Register Vol. 35, No. 11, June 11, 2024

Section 19.25.8.14 - APPLICATION FOR PERMIT

The application procedure for an Underground Storage and Recovery Permit is a two-step process.

A. Pilot/Demonstration Project: The applicant shall file a complete description of the pilot/demonstration project on a form prescribed by the state engineer, a capability report for the pilot/demonstration project, and a preliminary description of the full-scale project (the preliminary description should attempt to estimate the area of hydrologic effect and the scope and purpose of the full-scale project as closely as possible). After making the initial filing, the applicant shall proceed to meet the requirements set forth in sections 15 through 22 of these regulations for the pilot/demonstration project. The information required for a pilot/demonstration project capability report is the same as that for a full-scale project. However, during the course of developing the capability report for a pilot/demonstration project it may become apparent that not all the necessary information is available. In this case, an abbreviated capability report may be submitted. In cases where data does not exist or is lacking, the applicant must indicate how they plan on collecting the necessary data during the pilot/demonstration project. The data required for the pilot/demonstration project are dependent on the duration, volume, purpose, operation, and the geologic and hydrologic complexity of the project.

B. Full-Scale Project: Upon completion of a successful pilot/demonstration project, the permittee shall prepare a complete description of the full-scale project on a form prescribed by the state. The description shall be accompanied by the findings from the pilot/demonstration project and a capability report for the full-scale project that is based on the information gathered during the pilot/demonstration project. After filing their application for a full-scale project, the applicant shall proceed to meet the requirements set forth in sections 15 through 22 of these regulations for the full-scale project. However, the applicant shall not have to publish a legal notice for the full-scale project if the state engineer determines that the legal notice published after the filing of the pilot/demonstration project application reasonably informed the public of the final proposed full-scale project. A revised notice shall be published if the state engineer determines that the scope of the full-scale project has significantly changed since the publication of the original notice.

C. Filing Fee: A complete application shall be filed with the proper filing fee of five thousand dollars ($5000.00), payable at the time the application is filed, plus five dollars ($5.00) per acre-foot of the annual capacity of the full-scale artificial recharge, storage, and recovery project, payable upon the filing of the full-scale project. The total application fee shall not exceed fifty thousand dollars ($50,000).

N.M. Code R. § 19.25.8.14

19.25.8.14 NMAC - N, 01-31-2001