N.M. Code R. § 20.11.20.15

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

Section 20.11.20.15 - FUGITIVE DUST CONTROL CONSTRUCTION PERMITS; MINIMUM PERMIT APPLICATION REQUIREMENTS

Proposed fugitive dust control construction permit applications shall be submitted on forms provided by the department. Fugitive dust control plans may be submitted in any format including a copy of a program that complies with any other statute or regulation so long as the plan provides reasonably available control measures whose purpose is to mitigate fugitive dust and the plan meets the objectives of 20.11.20 NMAC. If extraneous information is supplied that does not apply to mitigation of fugitive dust, then the dust control measures shall be clearly identified in the plan or the permit application shall be deemed incomplete and shall be rejected. An incomplete permit application shall be processed as described in Subsection C of 20.11.20.18 NMAC. Proposed fugitive dust control permit applications shall include the following:

A. name, address, telephone number and fax number of permittee;

B. owner's name, address, telephone number and fax number if different from permittee;

C. if different than the permittee, the name, address, telephone number and fax number of the responsible person who is agreeing to, and shall be responsible for activities on the permitted site; the department shall first attempt to contact the responsible person regarding a violation of the permit;

D. anticipated project start date which shall be no fewer than 10 business days from the department's receipt of the permit application for areas containing greater than three quarters of an acre but no greater than 25 acres, and no fewer than 20 business days from the department's receipt of the permit application for areas containing more than 25 acres;

E. anticipated project completion date;

F. project description;

G. project location including, if available, street address, major cross streets or nearby intersection;

H. total area of disturbance in acres or square feet;

I. a check or money order for the fees due, calculated using the tables provided on the permit application form, payable to the 'city of Albuquerque permits program' (fund 242);

J. a description of the sequencing of the active operations, if phasing is used to reduce the total disturbed area at any time;

K. estimated total volume of bulk material being handled in cubic yards, including any bulk material being imported, exported or relocated;

L. location from which bulk material is being imported to the site and a statement regarding whether the site where the imported material originates will have a separate fugitive dust control permit, or provide written information to the department as soon as known;

M. location to which bulk material from the site is being exported and a statement regarding whether the site to which the material is to be exported will have a separate fugitive dust control permit, or provide written information to the department as soon as known;

N. whether an approved drainage plan exists pursuant to city of Albuquerque or Bernalillo county ordinances and, upon request by the department, provide a copy of the drainage plan;

O. site map (e.g. zone atlas page, aerial photograph);

P. type of work being performed and appropriate reasonably available control measures, as described in 20.11.20.23 NMAC, or other effective control measures proposed to be used in the fugitive dust control plan;

Q. a statement that effective contingency fugitive dust control measures shall be taken by the permittee if the control measures required by Subsection P of 20.11.20.15 NMAC are not effective in maintaining compliance with 20.11.20 NMAC;

R. a commitment to comply with provisions of Subsection B of 20.11.20.16 NMAC if the permittee chooses to preserve the ability to qualify for a high wind affirmative defense;

S. high wind contingency measures that will be implemented when high winds occur;

T. a description of the actions the permittee will take to mitigate damage caused by fugitive dust if generated by active operations or an inactive disturbed surface area on the permitted site;

U. other proposed conditions;

V. signature of the permittee, and, if a different person, signature of the owner, operator and/or any responsible person certifying that the information in the fugitive dust control permit application is true, accurate and complete, and certifying that all actions necessary to comply with 20.11.20 NMAC will be taken, including suspending active operations if necessary to comply with the provisions of 20.11.20 NMAC; and

W. a statement regarding whether bulk material will be stockpiled at the project site, the dimension of each stockpile, and the reasonably available control measures or other effective control measures that will be used at the stockpile area to comply with 20.11.20 NMAC.

N.M. Code R. § 20.11.20.15

20.11.20.15 NMAC - Rp, 20.11.20.15 NMAC, 3/17/08