Current through Register Vol. 35, No. 11, June 11, 2024
Section 20.6.6.10 - GENERAL APPLICATION REQUIREMENTS FOR ALL DAIRY FACILITIESThis section specifics the general requirements for discharge permit applications for all types of dairy facilities.
A.In lieu of Subsection F of 20.6.2.3106 NMAC, a permittee shall submit an application for renewal of a discharge permit for a dairy facility to the department at least one year before the discharge permit expiration date, unless closure of the facility is approved by the department before that date. At least 180 days before the due date for an application for renewal, a permittee may request a pre-application meeting with the department. The pre-application meeting shall be held in Santa Fe, unless otherwise agreed by the department. Requests shall be made in writing and submitted to the department by certified mail. If a permittee requests a pre-application meeting, the department shall contact the permittee to discuss and schedule a date for the pre-application meeting. The department shall respond to the permittee's request in writing by certified mail to confirm the pre-application meeting date. The pre-application meeting shall occur no less than 60 days before the application due date. If the permittee or his representative fails to participate in the scheduled pre-application meeting, the permittee forfeits the opportunity for a pre-application meeting.B. For a dairy facility that has not been constructed or operated, a permittee shall submit to the department at least one year before the discharge permit expiration date an application for renewal pursuant to Subsection A of this section or a statement certifying that the dairy facility has not been and will not be constructed or operated and that no discharges have occurred or will occur. Upon the department's verification of the certification, the department shall terminate the discharge permit, if necessary, and retire the discharge permit number from use.C. Instead of the information required by Subsection C of 20.6.2.3106 NMAC, an applicant: (1) for a new discharge permit, shall provide the information and supporting technical documentation pursuant to this section and 20.6.6.11 NMAC;(2) for a renewed or modified discharge permit, shall provide the information and supporting technical documentation pursuant to this section and 20.6.6.12 NMAC; or(3) for a renewed discharge permit for closure, shall provide the information and supporting technical documentation pursuant to this section and 20.6.6.13 NMAC.D. The department shall create a discharge permit application form for dairy facilities applying for a new discharge permit, for dairy facilities applying for a renewed, modified or renewed and modified discharge permit, and for dairy facilities applying for a discharge permit for closure to collect the information required by this section. The information requested on the form(s) shall be limited to the information required by this section. An applicant shall use the department's form to provide the information required by this section. An application shall consist of the appropriate form and required supporting documentation, regardless of previous submissions. The applicant shall attest to the truth of the information and supporting documentation in the application, and sign the form. The form shall be signed in the presence of a notary and notarized. The applicant shall provide to the department a hard copy (paper format) of the original signed and notarized completed application form and all supporting documentation. The applicant shall also provide an electronic copy of the original signed and notarized application and all supporting documentation in portable document format (PDF) on a compact disc (CD) or digital versatile disc (DVD).E. If an applicant fling an application for a new discharge permit does not certify that the dairy facility complies with the setback requirements of 20.6.6.16 NMAC, as required by Subsection D of 20.6.6.11 NMAC, the department shall reject the application. The department shall provide notice of the rejection to the applicant by certified mail.F. Within 60 days of the department's receipt of proof of notice pursuant to Subsection D of 20.6.2.3108 NMAC, the department shall review the application for technical completeness. If proof of notice is not submitted to the department pursuant to Subsection D of 20.6.2.3108 NMAC, the department shall notify the applicant by certified mail of the violation and provide 15 days from the date of postal notice for the applicant to submit the proof pursuant to Subsection D of 20.6.2.3108 NMAC. If proof of notice is not submitted to the department following the issuance of a notice of violation, the department may deny the application.
G. For an application to be deemed technically complete, an application shall include the information required by Subsection C of this section. Submittals or supporting documentation that require the certification of persons specified in the dairy rule are deemed technically complete if the documentation is prepared in accordance with the dairy rule and is certified by persons specified in the dairy rule. If the department determines that an application is not technically complete, the department shall provide notice of technical deficiency to the applicant by certified mail within 60 days of receipt of the applicant's proof of notice. The applicant shall have 60 days from the date of postal notice of the technical deficiency correspondence to provide the information required by this section.(1)If an application is technically complete, the department shall make available a proposed approval of a discharge permit (i.e., draft discharge permit) or denial of a discharge permit application, pursuant to Subsection H of 20.6.2.3108 NMAC.(2) If an applicant fling an application for a new discharge permit does not provide all information required by this section to the department within 60 days of the date of postal notice of the technical deficiency correspondence, the department shall deny the application. The department shall provide notice of denial to the applicant by certified mail.(3) If an applicant for a renewed or modified discharge permit does not provide all information required by this section to the department within 60 days of the date of postal notice of the technical deficiency correspondence, the department may deny the application or may propose a discharge permit for approval consistent with the requirements of the dairy rule. If the department denies the application, the department shall provide notice of denial to the applicant by certified mail.H.An applicant may propose alternate methods and innovative technologies such as new or advanced storage, treatment or disposal methods not directly addressed by this rule or different from those specified in 20.6.6.17, 20 and 21 NMAC. At its discretion, the department may approve an alternate method provided all of the following conditions are met: (1) A pre-application meeting is held prior to application submittal. The meeting may be held at an appropriate demonstration site to show the suitability/applicability of the proposed method.(2) A demonstration is made to the department's satisfaction that the proposed alternate method or technology, including its engineering design, equipment, process, operation and maintenance, will not result in an exceedance of the water quality standards of 20.6.2.3103 NMAC.(3) Plans and specifications are submitted that meet the requirements of Subsections A and B of 20.6.6.17 NMAC.(4) A plan to monitor ground water that may be affected by the alternate method or technology shall be submitted that is consistent with requirements of 20.6.6.23 NMAC. I. The department may impose additional conditions on a discharge permit in accordance with Section 74-6-5 NMSA 1978. If the department proposes an additional condition in a discharge permit that is not included in the dairy rule, the department shall include a written explanation of the reason for the additional condition with the copy of the proposed approval sent to the applicant pursuant to Subsection H of 20.6.2.3108 NMAC. Written comments about the additional condition may be submitted to the department during the 30-day comment period provided by Subsection K of 20.6.2.3108 NMAC. A hearing may be requested about the additional condition as provided by 20.6.6.15 NMAC.J. The secretary shall approve a discharge permit provided that it poses neither a hazard to public health nor undue risk to property, and: (1) the requirements of the dairy rule are met;(2) the provisions of 20.6.2.3109 NMAC are met, with the exception of Subsection C of 20.6.2.3109 NMAC; and(3) denial of an application for a discharge permit is not required pursuant to Subsection E of 74-6-5 NMSA 1978.20.6.6.10 NMAC - N, 1/31/2011Amended by New Mexico Register, Volume XXVI, Issue 11, June 16, 2015, eff. 6/16/2015Amended by New Mexico Register, Volume XXVI, Issue 12, June 30, 2015, eff. 6/30/2015