N.M. Code R. § 20.11.20.18

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

Section 20.11.20.18 - FUGITIVE DUST CONTROL CONSTRUCTION PERMIT APPLICATION PROCESSING

A. A person who is required to submit a fugitive dust control construction permit (permit) application and plan for active operations that will disturb at least three-quarters of an acre, but no more than 25 acres, shall submit the permit application and plan with the applicable fees to the department no fewer than 10 business days prior to the start of active operations. Within 10 business days of the department receiving the permit application, plan and fees, the department will approve the permit, approve the permit with conditions or deny the permit.

B. A person who is required to submit a permit application and plan for active operations that will disturb more than 25 acres shall submit the permit application and plan with the applicable fees to the department no fewer than 20 business days prior to the start of active operations. Within 20 business days of the department receiving the permit application, plan and fees, the department will approve the permit, approve the permit with conditions or deny the permit.

C. The fugitive dust control plan may be in any form 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 the plan does not specifically enumerate the control measures proposed to mitigate fugitive dust, the permit application shall be deemed incomplete and shall be rejected. If an incomplete application is rejected, a new or amended application may be filed and the time limits in Subsections A or B of 20.11.20.18 NMAC shall apply as if the initial application had not been filed.

D. If all requirements of 20.11.20 NMAC have been met by the applicant, the department shall issue a permit to the permittee, which shall authorize commencement of active operations. If the department has not approved, denied, or notified the applicant regarding the permit application within 30 business days of the department's receipt of the permit application, plan and fees, then the permit shall be automatically approved and operations may commence if the permittee uses the reasonably available control measures and fugitive dust control plan as submitted in the application. However, if the measures and plan are not effective, the department may initiate an enforcement action for violation of 20.11.20 NMAC.

N.M. Code R. § 20.11.20.18

20.11.20.18 NMAC - Rp, 20.11.20.18 NMAC, 3/17/08