Current through Register Vol. 35, No. 11, June 11, 2024
Section 20.6.6.7 - DEFINITIONSA. Terms defined in the Water Quality Act and 20.6.2.7 NMAC shall have the meanings as given in such.B. As used in 20.6.6 NMAC, but not in other sections of 20.6.2 NMAC, a term defined in this part shall have the following meaning.(1) "Adjacent" means lying near, but lacking actual contact along a boundary or at a point.(2) "Applicant" means the person applying for a new, renewed or modified discharge permit.(3) "Construction quality assurance" or "CQA" means a planned system of activities necessary to ensure that standards and procedures are adhered to and that construction and installation meet design criteria, plans and specifications. A CQA includes inspections, verifications, audits, evaluations of material and workmanship necessary to determine and document the quality of the constructed impoundment or structure, and corrective actions when necessary.(4) "Construction quality control" or "CQC" means a planned system of operational techniques and activities used to preserve the quality of materials and ensure construction to specifications. Elements of a CQC include inspections, testing, data collection, data analysis and appropriate corrective actions.(5) "Contiguous" means being in actual contact along a boundary or at a point.(6) "CQA/CQC Report" means a report that summarizes all inspection, testing, data collection, data analysis and any corrective actions completed as part of CQA or CQC for a project.(7) "Dairy facility" means the production area and the land application area, where the discharge and associated activities will or do take place.(8) "Dairy rule" means 20.6.6 NMAC, as amended.(9) "Date of postal notice" means the date when the United States postal service (USPS) first makes notice to the applicant or permittee of its possession of certified mail addressed to the applicant or permittee.(10) "Discharge volume" means the measured daily volume of wastewater actually discharged within the production area. This definition does not include the volume of wastewater discharged to the land application area.(11) "EPA" means the United States environmental protection agency.(12) "Existing dairy facility" means a dairy facility that is currently discharging, or has previously discharged and has not been issued a notice from the department verifying that closure and post-closure monitoring activities have been completed.(13) "Existing impoundment" means an impoundment that is currently receiving or has ever received wastewater or collected stormwater and that has not been closed pursuant to a discharge permit.(14) "Expiration" means the date upon which the term of a discharge permit ends.(15) "Field" means a unit of irrigated cropland within the land application area cultivated in the same manner to grow a specific crop for the uptake and removal of nutrients.(16) "Flow meter" means a device used to measure the volume of water, wastewater or stormwater that passes a particular reference section in a unit of time.(17) "Freeboard" means the vertical distance between the elevation at the lowest point of the top inside edge of the impoundment and the design high water elevation of the water level in the impoundment.(18) "Impoundment" means any structure designed and used for storage or disposal by evaporation of wastewater, stormwater, or a combination of both wastewater and stormwater. A multiple-cell impoundment system having at least one shared berm or barrier whose smallest cells have a cumulative constructed capacity of 10 percent or less of the constructed capacity of the largest cell shall be considered a single impoundment for the purposes of the dairy rule. A wastewater or stormwater transfer sump or a solids settling separator is not an impoundment.(19) "Land application area" means irrigated and cultivated fields collectively authorized by a discharge permit to receive wastewater or stormwater applications as a source of nutrients managed for crop production.(20) "Land application data sheet" means a form used to report all nitrogen inputs applied to each fields within the land application area, including the cropping status of the fields at the time of application (i.e., fallow, corn, wheat, etc.).(21) "Manure" means an agricultural waste composed of excreta of animals, and residual bedding materials, waste feed or other materials that have contacted excreta from such animals.(22) "Maximum daily discharge volume" means the total daily volume of wastewater (expressed in gallons per day) authorized for discharge by a discharge permit. This definition does not include the volume of wastewater discharged to the land application area.(23) "New dairy facility" means a dairy facility that has never before discharged wastewater.(24) "Permittee" means a person who is issued or receives by transfer a discharge permit for a dairy facility or, in the absence of a discharge permit, a person who makes or controls a discharge at a dairy facility.(25) "Production area" means that part of the animal feeding operation that includes the following: the animal confinement areas; the manure, residual solids and compost storage areas; the raw materials storage areas; and the wastewater and stormwater containment areas. The animal confinement areas include but are not limited to open lots, housed lots, feedlots, confinement barns, stall barns, free stall barns, milkrooms, milk centers, cowyards, barnyards, hospital pens and barns, and animal walkways. The manure, residual solids and compost storage areas include, but are not limited to, storage sheds, stockpiles, static piles, and composting piles. The raw materials storage areas include, but are not limited, to feed silos, silage storage areas, feed storage barns, and liquid feed tanks. The wastewater and stormwater containment areas include, but are not limited to, settling separators, impoundments, sumps, runoff drainage channels, and areas within berms and diversions which prohibit uncontaminated stormwater from coming into contact with contaminants.(26) "Spillway" means a structure used for controlled releases from an impoundment designed to receive stormwater, in a manner that protects the structural integrity of the impoundment.(27) "Stormwater" means direct precipitation and runoff that comes into contact with water contaminants within the production area of a dairy facility.(28) "Unauthorized discharge" means a release of wastewater, stormwater or other substances containing water contaminants not approved by a discharge permit.(29) "Wastewater" means water, that has come into contact with water contaminants as a result of being directly or indirectly used in the operations of a dairy facility including, but not limited to, the following: washing, cleaning, or flushing barns or other roof-covered production areas; washing of animals; spray-cooling of animals (except in open lots); and cooling or cleaning of feed mills and equipment. Wastewater does not include overflow from the drinking water system or stormwater unless overflow or stormwater that is collected is comingled with wastewater, or it comes into contact with water contaminants as a result of being directly or indirectly used in dairy facility operations.20.6.6.7 NMAC - N, 1/31/2011Amended by New Mexico Register, Volume XXVI, Issue 11, June 16, 2015, eff. 6/16/2015