New Mexico Administrative Code

Terms defined in the New Mexico Water Quality Act, but not defined in this part will have the meaning given in the Water Quality Act. A. Terms beginning with numerals or the letter "A," and abbreviations for units. (1) "4Q3" means the critical low flow as determined by the minimu…

Perennial portions of the Dry Cimarron river above Oak creek and perennial reaches of Oak creek. A. Designated Uses: coldwater aquatic life, irrigation, livestock watering, wildlife habitat and primary contact. B. Criteria: (1) The use-specific numeric criteria set forth in 20.6.…

Perennial portions of the Dry Cimarron river below Oak creek, and perennial portions of Long canyon and Carrizozo creeks. A. Designated Uses: coolwater aquatic life, irrigation, livestock watering, wildlife habitat and primary contact. B. Criteria: (1) The use-specific numeric cr…

A. Antidegradation Policy: This antidegradation policy applies to all surface waters of the state. (1) Existing uses, as defined in Paragraph (4) of Subsection E of 20.6.4.7 NMAC, and the level of water quality necessary to protect the existing uses shall be maintained and protec…

Rio Tularosa upstream of the old U.S. highway 70 bridge crossing east of Tularosa and all perennial tributaries to the Tularosa basin except Three Rivers and Dog Canyon creek, and excluding waters on the Mescalero tribal lands. A. Designated uses: coldwater aquatic life, irrigati…

Perennial reaches of Three Rivers. A. Designated Uses: irrigation, domestic water supply, high quality coldwater aquatic life, primary contact, livestock watering and wildlife habitat. B. Criteria: the use-specific numeric criteria set forth in 20.6.4.900 NMAC are applicable to t…

Perennial reaches of the Mimbres river downstream of the confluence with Allie canyon and all perennial reaches of tributaries thereto. A. Designated uses: Coolwater aquatic life, irrigation, livestock watering, wildlife habitat and primary contact. B. Criteria: The use-specific …

Perennial reaches of the Mimbres river upstream of the confluence with Allie canyon to Cooney canyon, and all perennial reaches of East Fork Mimbres (McKnight canyon) downstream of the fish barrier, and all perennial reaches thereto. A. Designated uses: Irrigation, domestic water…

Perennial reaches of the Sacramento river (Sacramento-Salt Flat closed basin) and all perennial tributaries thereto. A. Designated Uses: domestic water supply, livestock watering, wildlife habitat, marginal coldwater aquatic life and primary contact. B. Criteria: the use-specific…

Bear canyon reservoir. A. Designated Uses: coldwater aquatic life, irrigation, livestock watering, wildlife habitat and primary contact. B. Criteria: the use-specific numeric criteria set forth in 20.6.4.900 NMAC are applicable to the designated uses, except that the following se…

Perennial reaches of the Mimbres river upstream of Cooney canyon and all perennial reaches thereto, including perennial reaches of East Fork Mimbres river (McKnight canyon) upstream of the fish barrier. A. Designated uses: Irrigation, domestic water supply, high quality coldwater…

Perennial and intermittent watercourses within Smelter Tailing Soils Investigation Unit lands at the Chino mines company, excluding those ephemeral waters listed in 20.6.4.809 NMAC and including, but not limited to. the mainstem of Lampbright draw, beginning at the confluence of …

Ephemeral watercourses within smelter tailing soils investigation unit lands at the Chino mines company, limited to Chino mines property subwatershed drainage A and tributaries thereof, Chino mines property subwatershed drainage B and tributaries thereof (excluding the northwest …

Perennial reaches of Dog Canyon creek A. Designated uses: coolwater aquatic life, irrigation, livestock watering, wildlife habitat, public water supply, and primary contact. B. Criteria: the use-specific numeric criteria set forth in 20.6.4.900 NMAC are applicable to the designat…

A. Procedures for nominating an ONRW: Any person may nominate a surface water of the state for designation as an ONRW by filing a petition with the commission pursuant to 20.1.6 NMAC, Rulemaking Procedures - Water Quality Control Commission. A petition to designate a surface wate…

A. Fish culture and water supply: Fish culture, public water supply and industrial water supply are designated uses in particular classified waters of the state where these uses are actually being realized. However, no numeric criteria apply uniquely to these uses. Water quality …

These documents are intended as guidance and are available for public review during regular business hours at the offices of the surface water quality bureau. Copies of these documents have also been filed with the New Mexico state records center in order to provide greater acces…

Ephemeral surface waters of the state as identified below and additional ephemeral waters as identified on the department's water quality standards website pursuant to Paragraph (2) of Subsection D of 20.6.4.15 NMAC are subject to the designated uses and criteria as specified in …

All non-perennial surface waters of the state, except those ephemeral waters included under section 20.6.4.97 NMAC or classified in 20.6.4.101-899 NMAC. A. Designated uses: livestock watering, wildlife habitat, marginal warmwater aquatic life and primary contact. B. Criteria: the…

All perennial surface waters of the state except those classified in 20.6.4.101-899 NMAC. A. Designated uses: Warmwater aquatic life, livestock watering, wildlife habitat and primary contact. B. Criteria: The use-specific criteria in 20.6.4.900 NMAC are applicable to the designat…

Water Quality Control Commission.

This section specifics the general requirements for discharge permit applications for all types of dairy facilities. A.In lieu of Subsection F of 20.6.2.3106 NMAC, a permittee shall submit an application for renewal of a discharge permit for a dairy facility to the department at …

A. An application for a new discharge permit shall include the information in this section. B. Contact information. An application shall include: (1) applicant's name, title and affiliation with the dairy facility, mailing address, and phone number; (2) dairy facility manager's o…

A. 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 …

An application for a discharge permit for closure shall include the information required by Subsections B, C, D, E, F, J, K, L, M and N of 20.6.6.12 NMAC and Paragraphs (1), (2), (3) and (4) of Subsection H of 20.6.6.12 NMAC. For dairy facilities with or previously having a land …

A. The requirements of this section shall apply to dairy facilities whose application for a new discharge permit is received by the department after the effective date of the dairy rule. B.Instead of the requirement for public notice specified in Paragraph (2) of Subsection B of …

A. Requests for a hearing from any person, including the applicant for a discharge permit, on the proposed approval of a discharge permit (i.e., a draft discharge permit) or denial of a discharge permit application shall be postmarked on or before the end of the comment period, a…

A. The setback requirements of this section apply to a dairy facility whose application for a new discharge permit is received by the department after the effective date of the dairy rule. B. The setback requirements shall be measured as horizontal map distances. C. The required …

A. Practice of engineering. All plans and specifications, supporting design calculations, record drawings, final specifications, final capacity calculations, grading and drainage reports and plans, and other work products requiring the practice of engineering shall bear the seal …

A. A petition for variance from the dairy rule shall be submitted in accordance with Subsection A of 20.6.2.1210 NMAC. B. In addition to any other criteria offered by the petitioner, the commission may consider as an unreasonable burden upon the petitioner's activity that the req…

All persons subject to the Water Quality Act, NMSA 1978, Sections 74-6-1 et seq and specifically to dairy facilities and their operations.

A.Notice of presence of lactating cows and wastewater discharge. A permittee shall provide written notice to the department of the commencement, cessation, or recommencement of wastewater discharge or the placement, removal, or reintroduction of lactating cows as follows. (1)For …

A. Impoundment storage capacity management - wastewater and wastewater/stormwater combination. A permittee shall operate and maintain a wastewater or combination wastewater/stormwater impoundment(s) or a tank for the purpose of storing wastewater prior to discharging to the land …

Impoundment evaporative capacity - wastewater and wastewater/stormwater combination. A wastewater or combination wastewater/stormwater impoundment shall be operated and maintained for the purpose of disposing of wastewater or both wastewater and stormwater by evaporation. A permi…

A.Monitoring wells- required locations. A permittee shall install a sufficient number of monitoring wells at appropriate depths and locations to monitor ground water quality upgradient of the dairy facility and hydrologically downgradient of each source of ground water contaminat…

A. Monitoring reports - schedule of submittal. A permittee shall submit monitoring reports to the department on a quarterly schedule and shall contain monitoring data and information collected pursuant to the dairy rule. Quarterly monitoring reports shall be submitted according t…

A. Volume of wastewater and wastewater/stormwater land applied - measurement and reporting. A permittee shall measure all wastewater discharges from a wastewater or combination wastewater/stormwater impoundment to each fields within the land application area using flow meters. A …

Wastewater to be evaporated - sampling and reporting. A permittee shall collect a composite wastewater sample on a semi-annual (once every six months) basis from each wastewater or combination wastewater/ stormwater impoundment used for disposal by evaporation. Samples shall be a…

A.Exceedance of ground water standards - all monitoring wells . If the constituent concentration in a ground water sample and in the next ground water sample collected from the same monitoring well intended to monitor a contamination source exceeds one or more of the ground water…

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…

Standards and regulations are adopted by the commission under the authority of the Water Quality Act, NMSA 1978, Sections 74-6-1 through 74-6-17.

A.Permanent closure of dairy facility or impoundments. The following closure actions shall be performed at dairy facilities. (1)For permanent closure of a dairy facility.(a) The department shall be notified no later than 30 days after wastewater discharge has permanently ceased a…

A. A permittee shall retain a written record at the dairy facility of all data and information related to field measurements, sampling, and analysis conducted pursuant to the dairy rule and the discharge permit. The following information shall be recorded and shall be made availa…