Current through Register Vol. 35, No. 11, June 11, 2024
Section 20.6.6.12 - APPLICATION REQUIREMENTS FOR DISCHARGE PERMIT RENEWAL OR MODIFICATIONA. An application for a renewed or modified discharge permit shall include the information in this section.B.Contact information. An application shall include the: (1) applicant's name, title and affiliation with the dairy facility, mailing address, and phone number;(2) dairy facility manager's or operator's name, title and affiliation with the dairy facility, mailing address and phone number;(3) application preparer's name, title and affiliation with the dairy facility, mailing address, phone number and signature; and(4) mailing address and phone number of any consultants authorized to assist the dairy facility with compliance with the Water Quality Act and 20.6.2 and 20.6.6 NMAC.C.Ownership and real property agreements.(1) An application shall include the dairy facility owner's name, title, mailing address and phone number.(a) If more than one person has an ownership interest in the dairy facility or a partnership exists, then the applicant shall list all persons having an ownership interest in the dairy facility, including their names, titles, mailing addresses and phone numbers.(b) If any corporate entity, including but not limited to a corporation or a limited liability company, holds an ownership interest in the dairy facility, then the applicant shall also list the name(s), as filed with the New Mexico public regulation commission, of the corporate entity and the corporate entity's registered agent's name and address.(2) If the applicant is not the owner of record of the real property upon which the dairy facility is or will be situated, or upon which dairy operations and land application will occur, then the applicant shall submit a copy of any lease agreement or other agreement which authorizes the use of the real property for the duration of the term of the requested permit. Lease prices or other price terms may be redacted.D.Dairy facility information and location. An application shall include: (1) the dairy facility name, physical address and county;(2) the discharge permit identification number as designated on the most recent discharge permit for the dairy facility;(3) the township, range and section for the entire dairy facility, which includes the production area and fields within the land application area; and(4) the date of initial discharge at the dairy facility.E.Public notice preparation.(1) An application for a modified or renewed and modified discharge permit shall include the name of a newspaper of general circulation in the location of the dairy facility for the future display advertisement publication, the proposed public location(s) for posting of the 2-foot by 3-foot sign, and the proposed off-site public location for posting of the 8.5-inch by 11-inch flyer, as required by Subsection B of 20.6.2.3108 NMAC.(2) An application for a renewed discharge permit without modification shall include the name of a newspaper of general circulation in the location of the dairy facility for the future display advertisement publication as required by Subsection C of 20.6.2.3108 NMAC.F.Pre-discharge total dissolved solids concentration in ground water.Pursuant to Paragraph (3) of Subsection C of 20.6.2.3106 NMAC, an application shall include the pre-discharge total dissolved solids concentration in ground water, sample source (e.g., upgradient monitoring well, on-site supply well, nearest well within a one-mile radius of the dairy facility) and a copy of the laboratory analysis.G.Determination of maximum daily discharge volume. An application shall include the following information.(1) The proposed maximum daily discharge volume and a description of the methods and calculations used to determine that volume.(2) The identification of all sources of wastewater which may include, but are not limited to, hospital barns, maternity barns, bottle-washing operations and parlor/equipment washdown.(3) The animal washing method(s) employed and the estimated daily wastewater volume generated by the method(s).(4) Information regarding other wastewater discharges (i.e., domestic or industrial) at the dairy facility not generated by dairy operations. Permit identification numbers shall be submitted for those discharges that are already permitted.H.Identification and physical description of dairy facility. An application shall include the following information. (1) A scaled map of the entire dairy facility pursuant to Subsection U of 20.6.6.20 NMAC.(2) The identification of each proposed, existing and closed impoundment, including information for each impoundment regarding its location, purpose (i.e., to store wastewater or stormwater, or dispose of it by evaporation), date of original construction, past and existing liner material, date of current liner installation and storage or evaporative disposal capacity.(3) The identification of each existing, proposed, and previously used field within the land application area, including information for each field about its location, date of initial application of wastewater or stormwater, acreage, status with regard to having received wastewater or stormwater (i.e. never, inactive, active), current method of backflow prevention employed, current method of wastewater and stormwater application and current method of irrigation water application.(4) The identification of sumps and mix tanks, including information for each component regarding its location, purpose, date of original construction, construction material, dimensions and capacity.(5) The settled solids thickness measurements for each existing wastewater and combination impoundment pursuant to Subsection D of 20.6.6.20 NMAC.(6) A description of proposed and existing method(s) of solids separation pursuant to Paragraph (5) of Subsection C of 20.6.6.17 NMAC and Subsection F of 20.6.6.20 NMAC.(7) A description of the method(s) employed to protect each manure, silage and compost storage area from stormwater runoff and run-on, and to minimize leachate.I.Flow metering. An application shall describe a dairy facility's flow metering system pursuant to Subsections J, K, L, M, N and O of 20.6.6.20 NMAC and Subsections G and H of 20.6.6.21 NMAC including:(1) the identification of the method(s) (i.e. pumped versus gravity flow) of wastewater discharge, stormwater transfer and wastewater and stormwater land application;(2) a description of the existing and proposed flow measurement devices for each flow method; and(3) the identification of flow meter locations.J.Depth-to-most-shallow ground water and ground water flow direction.(1) An application for renewal or modification shall provide the depth-to-most-shallow ground water and indicate ground water flow direction beneath the dairy facility on a ground water elevation contour map. The ground water elevation contour map shall be developed based upon the most recent ground water levels obtained with a water level measuring device and survey data from on-site monitoring wells obtained from a survey, pursuant to 20.6.6.23 NMAC.(2) If a dairy facility does not have a monitoring well intersecting most-shallow ground water, an applicant shall provide the following information.(a) The depth-to-most-shallow ground water pursuant to Subsection X of 20.6.6.20 NMAC.(b) The ground water flow direction of the most-shallow ground water beneath the dairy facility based upon the most recent regional water level data or published hydrogeologic information. Survey data from nearby monitoring wells and a ground water elevation contour map indicating the direction of ground water flow may be included. The sources of all information used to determine ground water flow direction shall be provided with the application.K.Monitoring wells.An application shall include:(1) the construction logs for all existing, on-site monitoring wells, which indicate the date of installation and well driller; and(2) the identification of monitoring well locations, proposed and existing, pursuant to Subsections A and B of 20.6.6.23 NMAC.L. Surface soil survey and vadose zone geology. An application shall include: (1) the most recent regional soil survey map and associated descriptions identifying surface soil type(s);(2) the lithologic logs from all existing, on-site monitoring wells, if available; and(3) if applicable, where a dairy facility does not have a monitoring well intersecting most-shallow ground water, the application shall include the lithologic log obtained from the on-site test boring pursuant to Subsection X of 20.6.6.20 NMAC to identify the geological profile of the vadose zone.M.Location map. An application shall include a location map with topographic surface contours identifying all of the following features located within a one-mile radius of the dairy facility: (1) watercourses, lakebeds, sinkholes, playa lakes and springs (springs used to provide water for human consumption shall be so denoted);(2) wells supplying water for a public water system and private domestic water wells;(3) irrigation supply wells; and(4) ditch irrigations systems, acequias, irrigation canals and drains.N.Flood zone map. An application shall include the most recent 100-year flood zone map developed by the federal emergency management administration, FEMA, documenting flood potential for the dairy facility, and a description of any engineered measures used for flood protection.O. Engineering and surveying. An application shall include the following information. (1) Plans and specifications for new or improved structures and associated liners proposed by the applicant pursuant to 20.6.6.17 NMAC.(2) Record drawings and final specifications for existing structures and associated liners. For existing impoundments where record drawings and final specifications do not exist, survey data and capacity calculations shall be submitted pursuant to Subsection C of 20.6.6.20 NMAC.P.Land application area. For a dairy facility with a land application area, an application shall include the following information.(1) Documentation confirming the existence of infrastructure necessary to distribute and apply wastewater and stormwater to the land application area pursuant to Subsection E of 20.6.6.21 NMAC.(2) A nutrient management plan (NMP) pursuant to Subsections I and J of 20.6.6.21 NMAC.(3) A written description of the wastewater sampling location(s) pursuant to Subsection C of 20.6.6.25 NMAC.20.6.6.12 NMAC - N, 1/31/2011; A, 12/31/2011