N.M. Code R. § 20.11.7.12

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

Section 20.11.7.12 - PETITION FOR VARIANCE - FEE

A. A person seeking a variance from a regulation of the board or a permit condition imposed by the department shall do so by delivering a written petition for variance to the director and the division manager. The petitioner shall use petition forms obtained from the department. The petition form shall include information regarding how the public may obtain additional information from the division regarding the petition, including information regarding the date, time and place of any variance petition hearing before the board.

B. Petitions shall:

(1) be delivered to the director and the division manager within 30 consecutive days after the date the petitioner had actual or constructive knowledge of the limitation regarding which the petitioner is seeking a variance;

(2) state the petitioner's name, address, telephone number, and, if available, facsimile number, cellular telephone number and other contact information;

(3) state the date the petition is delivered to the director and the division manager;

(4) describe the facility or activity regarding which the variance is sought, if applicable;

(5) state the address or description of the property upon which the facility is located, if applicable;

(6) identify and provide a citation to the limitation prescribed by the Air Quality Control Act, the regulation of the board or the permit condition imposed by the department regarding which the variance is sought;

(7) state in detail the extent to which the petitioner wishes to vary from the limitation;

(8) state why the petitioner believes the variance is justified and can be approved by the board consistent with the requirements of the Air Quality Control Act, specifically, Subsections A and B of 74-2-8 NMSA 1978, Variances;

(9) state any time periods, limitations and other conditions that must be included in the variance in order to comply with Subsection C of 74-2-8 NMSA 1978; and

(10) be signed by the petitioner or by a person who is authorized to sign on the petitioner's behalf. If the person signing is not the petitioner, the person signing shall state in writing the source of the authority to sign on petitioner's behalf and shall attach the proof of authority to the petition that is delivered to the division manager.

C. The fee for filing a variance petition that is required by Subsection J of 20.11.2.18 NMAC shall accompany the copy of the petition that is delivered to the division manager.

D. No later than five consecutive days after the petitioner delivers a copy of the variance petition to the director and division manager, the petitioner shall send by certified mail a copy of the variance petition to the president of each city of Albuquerque and county of Bernalillo neighborhood association within one-half mile of the existing or proposed stationary source or location, if any, that is the subject of the petition for variance. When it is considered to be warranted, because of the characteristics and mobility of the pollutant(s) and density of the population, the department and the petitioner may agree that the petitioner will notify by certified mail additional neighborhood associations beyond the one-half mile line. The address of each president shall be obtained from the city of Albuquerque government and the county of Bernalillo government, as applicable. The petitioner shall pay all costs related to the mailing. If the petitioner receives notice from the United States postal service that a certified letter was not delivered, the petitioner shall make a second, good faith effort to determine the valid neighborhood association contact and mailing address, and the petitioner shall mail or hand deliver a copy of the variance petition to that person. The petitioner shall complete a proof of delivery form obtained from the division, attach documentation establishing delivery of a copy of the petition and any additional good faith efforts to deliver, and shall deliver the completed proof of delivery form and related documentation to the division seven consecutive days before the start of the evidentiary phase of the variance petition hearing.

N.M. Code R. § 20.11.7.12

3/24/82. . .12/1/95; 20.11.7.12 NMAC - Rn, 20 NMAC 11.07.I.12 & Repealed, 10/1/02; Rn, 20 NMAC 11.07.II.1, 10/1/02; A, 8/1/04; A, 11/1/04