Current through Register Vol. 35, No. 11, June 11, 2024
Section 20.6.7.10 - GENERAL APPLICATION REQUIREMENTS FOR ALL COPPER MINE FACILITIESThis section specifies the general requirements for discharge permit applications for all types of copper mine facilities.
A. Before submitting an initial application for a new copper mine facility, a prospective applicant shall schedule a pre-application meeting with the department to discuss the proposed location of the copper mine facility and individual units, the operating plans for the proposed process units, the physical characteristics of the copper mine facility's proposed site and other information that is required to be submitted in an application for a discharge permit. The pre-application meeting shall be held in Santa Fe, unless otherwise agreed to by the department. The pre-application meeting should occur no less than 60 days before the submission of the application except as approved by the department.B. Instead of the information required by Subsection C of 20.6.2.3106 NMAC, an applicant shall provide information and supporting technical documentation pursuant to this section and 20.6.7.11 NMAC.C. Notwithstanding Subsection F of 20.6.2.3106 NMAC, a permittee shall submit an application for renewal of a discharge permit for a copper mine facility or a unit of the copper mine facility to the department at least 270 days before the discharge permit expiration date, unless closure of the copper mine facility is approved by the department before that date.D. For a copper mine facility that has been issued a discharge permit but has not been constructed or operated, a permittee shall submit to the department at least 270 days before the discharge permit expiration date an application for renewal pursuant to Subsection B of this section or a statement certifying that the copper mine facility has not been and will not be constructed 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.E. An application for a new, renewed, or modified discharge permit for a copper mine facility shall include the information and supporting documentation required by this section except that previously submitted materials may be included by reference in discharge permit renewal or modification applications provided that the materials are current, readily available to the secretary and sufficiently identified to be retrieved. The applicant shall attest to the truth of the information and supporting documentation in the application. The applicant shall provide to the department a hard copy (paper format) of the original signed completed application and all supporting documentation. The applicant shall also provide an electronic copy of the original signed application and all supporting documentation in portable document format (PDF) on a compact disc (CD) or digital versatile disc (DVD) or other format approved by the department.F. Within 90 days of the department notifying the applicant in writing that the application is deemed administratively complete pursuant to Subsection A of 20.6.2.3108 NMAC, the department shall review the application for technical completeness and shall issue a written notice by certified mail to the applicant indicating whether the application is technically complete or is deemed to be deficient. An application must include the information required by Subsection B of this section to be deemed technically complete.G. If the department determines that an application is technically deficient, the applicant shall have 60 days from the date of postal notice of the technical deficiency notification to provide the information required by this section. Upon request by the applicant and for good cause shown, the department may grant one or more extensions of time for the applicant to provide the information required by the technical deficiency notification. (1) If an applicant 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, or within any extension granted by the department, the department may deny the application. The department shall provide notice of denial to the applicant by certified mail.(2) 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, or within any extension granted by the department, the department may deny the application or may propose a discharge permit for approval consistent with the requirements of the copper mine rule. If the department denies the application, the department shall provide notice of denial to the applicant by certified mail.(3) An applicant may supplement an application at any time during the technical review period. The department shall review the information for technical completeness within 90 days of receipt.H. Within 90 days after an application is deemed technically complete or all information has been submitted to the department pursuant to a technical deficiency notification, the department shall make available a proposed approval of a discharge permit and a draft discharge permit or a notice of denial of a discharge permit application pursuant to Subsection H of 20.6.2.3108 NMAC and provide a copy to the mining and minerals division. The draft discharge permit shall contain applicable conditions specified in the copper mine rule, any conditions based on a variance issued for the copper mine facility pursuant to 20.6.2.1210 NMAC, and any additional conditions imposed under Subsection I of this section. Requests for a hearing on the proposed approval of a discharge permit or denial of a discharge permit shall be submitted to the department pursuant to Subsection K of 20.6.2.3108 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 copper mine rule, the department shall include a written explanation of the reason for the additional condition with the copy of the draft permit and proposed approval sent to the applicant pursuant to Subsection H of 20.6.2.3108 NMAC. Pursuant to subsection K of 20.6.2.3108 NMAC, written comments regarding the additional condition may be submitted to the department during the comment period and a hearing may be requested regarding the additional conditions.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 copper mine 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) the denial of an application for a discharge permit is not required pursuant to Subsection E of Section 74-6-5 NMSA 1978.20.6.7.10 NMAC - N, 12/1/13