N.M. Code R. § 20.11.20.14

Current through Register Vol. 35, No. 12, June 25, 2024

Section 20.11.20.14 - FUGITIVE DUST CONTROL CONSTRUCTION PERMITS

A. A person who does not elect to obtain or who does not qualify for a fugitive dust control programmatic permit pursuant to 20.11.20.13 NMAC and who plans to conduct active operations that will disturb three-quarters of an acre or more shall comply with either Subsection A or B of 20.11.20.18 NMAC and obtain a fugitive dust control construction permit. No active operations shall commence until a department manager, supervisor, scientist, field operations officer or health specialist signs the fugitive dust control construction permit (permit) and a copy of the signed permit is available at the site of active operations. A permit shall consist of a complete permit application a fugitive dust control plan, any appended documents, any conditions attached to the permit by the department, and a signature and effective date affixed by a department manager, supervisor, scientist, field operations officer or health specialist.

B. The permittee shall comply with the terms of the permit unless the department approves a transfer of the permit or issues a new permit for the active or inactive disturbed surface area of operation to a new permittee. If three-quarters of an acre or more of the real property that is subject to the permit is transferred or sold the new owner is responsible for complying with either 20.11.20.13 NMAC or 20.11.20.14 NMAC unless exempt. Upon receipt of an amended permit signed by a department manager, supervisor, scientist, field operations officer or health specialist, the permittee who transferred or sold the real property no longer will be responsible for control of fugitive dust originating from the real property that has been transferred or sold. Permit amendment fees shall be paid as required by 20.11.20.14 NMAC.

C. If a person other than the permittee will be responsible for complying with the permit and 20.11.20 NMAC, then the permittee shall designate the responsible person or persons in the permit application who shall be responsible for active operations and inactive disturbed surface areas to the extent specified in the application. Before a responsible person shall be liable for a violation of the permit or 20.11.20 NMAC, the responsible person shall agree in writing to accept responsibility for compliance with the permit conditions. The responsible person shall be the first person the department attempts to contact regarding a violation of the permit or 20.11.20 NMAC. In addition, the department may approve, in writing, a permit amendment that adds or changes the responsible person who has agreed in writing to be responsible for complying with the permit and plan, to the extent specified in the permit. If the responsible person and permittee fail to comply with the provisions of 20.11.20 NMAC, the owner or operator, if different from the responsible person or permittee, shall be responsible for compliance with the permit.

D. An approved permit shall be valid for one year from the date of issuance by the department or until the project expiration date provided in the permit application, whichever is longer, but no more than five years from the date of issuance. If the project plan, expiration date, total disturbed surface area, completion date or the proposed control measures change in any manner, an amended or new permit is required. At least 10 business days before the expiration date, a fugitive dust control permit shall be renewed by the then-current permittee, or the permit shall expire as of the expiration date. Permit amendment or renewal fees shall be paid as required by Subsection H of 20.11.20.14 NMAC. Permits may be transferred to legal heirs, successors, and assigns, who shall become the new permittee. Permit transfers may qualify as an administrative amendment if:

(1) the department has received, on a form provided by the department, a written transfer agreement signed by the current and new permittee, and, if different than the new permittee, by the owner of the real property subject to the permit;

(2) a specific date of the transfer of the permit and plan responsibility, coverage, and liability is established in the transfer agreement;

(3) the department has determined that no change to the permit and plan other than the administrative change is necessary;

(4) the new permittee and owner have submitted the application information required by 20.11.20.15 NMAC if changes have been made to the permit and plan as deemed necessary by the department;

(5) no grounds exist for permit termination, as otherwise provided by 20.11.20 NMAC; and

(6) the transfer agreement has been approved in writing by the department.

E. After a permit is issued and before the start of active operations, the permittee shall install and maintain a project sign provided by the department or a project sign that meets the requirement of 20.11.20.14 NMAC. The department will establish uniform design guidelines for the sign to ensure that the sign is reasonably legible to the public. If the required information is provided in an existing project sign that has been established for another purpose, an additional sign shall not be required to comply with 20.11.20 NMAC. At a minimum, the sign shall contain the following:

(1) project name;

(2) permittee name;

(3) phone number of designated responsible person or owner;

(4) subcontractor name (optional);

(5) subcontractor phone number (optional);

(6) air quality division phone number;

(7) fugitive dust control permit number; and

(8) total acres of area to be disturbed.

F. The permittee or responsible person shall make the permit available to all employees, agents, sub-contractors, and other persons performing work in the area of active operations or inactive disturbed surface areas to assist in maintaining compliance with 20.11.20 NMAC. The permittee or responsible person shall explain the requirements of the permit to appropriate employees, contractors and agents working at the site. Upon request, the permittee shall provide information regarding how to obtain a copy of the permit from the department.

G. It is the responsibility of the permittee or responsible person to ensure that the permit or amended permit contains current contact information and that a copy is maintained at the work site and is provided to the department upon request. Failure to maintain and provide up-to-date contact information shall be a violation of 20.11.20 NMAC.

H. The department may amend or renew the permit if requested to do so by the permittee. No fee shall be charged for amending or renewing a permit, unless there will be an increase in the number of acres subject to surface disturbance. Both the department and the permittee must sign an amended permit before it will be effective. The department is not required to sign a renewed permit unless the renewed permit increases the number of acres subject to surface disturbance. An amended or renewed permit that involves an increase in the number of acres subject to surface disturbance shall require payment of fees as required by 20.11.2 NMAC.

N.M. Code R. § 20.11.20.14

20.11.20.14 NMAC - Rp, 20.11.20.14 NMAC, 3/17/08