N.M. Code R. § 20.2.23.112

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

Section 20.2.23.112 - DUST CONTROL PLAN

The owner or operator of a fugitive dust source shall develop and maintain a dust control plan. This plan shall be kept by the owner or operator and shall be available upon request to the department. A dust control plan shall, at a minimum, contain all of the following information:

A. Name(s), address(es) and telephone numbers of person(s) responsible for the development and implementation of the dust control plan and responsible for the dust-generating operation.

B. A drawing, on eight and one-half inch by eleven inch paper, that shows:

(1) the entire project site including property lines;

(2) the acreage to be disturbed with linear dimensions;

(3) the nearest public road(s);

(4) private roads within the project site; and

(5) the planned exit locations onto paved areas accessible to the public.

C. Documentation of the control measure(s), as described in Section 20.2.23.111 NMAC, utilized to meet the requirements of 20.2.23.110 NMAC for every actual and potential dust-generating source or operation, including, as applicable, the specific dust suppressants to be applied, together with the product specifications or label instructions for approved usage. The control measure(s) shall be documented in the dust control plan on a department approved form. The dust control plan shall include the following record keeping requirements for the use of control measure(s):

(1) for persons that utilize a control measure(s) requiring recurring application, operation or maintenance activities, including the use of dust suppressants or cleanup of track out, the date, time, frequency, quantity and location(s) of the actions taken to implement the control measure(s) shall be recorded on a weekly basis; and

(2) for persons that utilize a control measure(s) requiring a single action, including changes in operating procedure, cessation of operations, or installation of landscaping or fencing, the date, time and length of activities or changes in operations to implement the control measure(s) shall be recorded.

D. Specific surface treatment(s) or control measures implemented for material track-out and sedimentation where unpaved roadways or access points join paved areas accessible to the public.

E. The records required by this subpart shall be maintained for a period of two years after the date of collection.

F.The dust control plan shall be enforceable to the same extent as the provisions of this part.

N.M. Code R. § 20.2.23.112

Adopted by New Mexico Register, Volume XXIX, Issue 22, November 27, 2018, eff. 1/1/2019