N.M. Code R. § 20.6.6.29
Inability to maintain required freeboard. If a combination wastewater/stormwater impoundment used for disposal by evaporation does not have free capacity below the two-foot freeboard level required by Subsection D of 20.6.6.17 NMAC, then within seven days of the date of discovery of insufficient free capacity the permittee shall submit a corrective action plan for department approval. The plan shall include, but is not limited to, a request for temporary permission to discharge to allow immediate removal and disposal of combined wastewater and stormwater; a proposal for long-term corrective actions which may include constructing an additional impoundment; reducing the discharge volume; changing wastewater or stormwater management practices; or installing an advanced treatment system. The corrective action plan shall include schedule for implementation to complete corrective actions within one year from the submittal date of the initial corrective action plan. Upon department approval, the permittee shall initiate implementation of the corrective action plan.
N.M. Code R. § 20.6.6.29