Current through Register Vol. 35, No. 11, June 11, 2024
Section 20.6.7.19 - SETBACK REQUIREMENTS FOR A COPPER MINE FACILITY APPLYING FOR A DISCHARGE PERMITA. The setback requirements of this section apply to a new copper mine facility for which an application for a discharge permit is received by the department after the effective date of the copper mine rule.B. The setback requirements shall be measured as horizontal map distances.C. The required setback distances shall be met as certified by the applicant as of the receipt date of the application.D. If the setback requirements apply to a copper mine facility, an applicant or permittee shall not propose or construct a leach stockpile, waste rock stockpile, tailing impoundment, or process water and impacted stormwater impoundment that does not meet the setback as determined as of the receipt date of the application for a new discharge permit by the department.E.Leach stockpile, waste rock stockpile, tailing impoundment, process water impoundment or impacted stormwater impoundment setback requirements.(1) Leach stockpiles, waste rock stockpiles, tailing impoundments, process water impoundments or impacted stormwater impoundments shall be located: (a) greater than 500 feet from a private domestic water well or spring that supplies water for human consumption; and(b) greater than 1000 feet from any water well or spring that supplies water for a public water system as defined by 20.7.10 NMAC, unless a wellhead protection program established by the public water system requires a greater distance.(2) The requirements of Subparagraph (a) of Paragraph (1) of this subsection shall not apply to wells or springs that supply water to the copper mine facility for human consumption and are located within the property boundary of the copper mine facility.(3) The requirements of Paragraph (1) of this subsection shall not apply to wells that are constructed after a copper mine facility received a discharge permit for a leach stockpile, waste rock stockpile, tailing impoundment, process water impoundment or impacted stormwater impoundment.(4) Setback distances shall be measured from the toe of the outer edge of a leach stockpile, waste rock stockpile, tailing impoundment, process water impoundment or impacted stormwater impoundment at its final design build out.20.6.7.19 NMAC - N, 12/1/13