New Mexico Administrative Code

01/31/2011, unless a later date is cited at the end of a section.

The purpose of 20.6.6 NMAC is to supplement the general permitting requirements of 20.6.2.3000 through 20.6.2.3114 NMAC to control discharges specific to dairy facilities and their operations.

A. 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 ac…

A. No person shall discharge from a dairy facility without a discharge permit. A person intending to discharge from a dairy facility shall submit an application for a discharge permit pursuant to 20.6.6.10 NMAC and remit fees pursuant to 20.6.6.9 NMAC. B. Permittees, owners of re…

In lieu of paying fees under the requirements of 20.6.2.3114 NMAC, an applicant or permittee shall pay fees to the department pursuant to this section. A. An applicant for a discharge permit or a discharge permit renewal for a dairy facility shall remit with the application to th…

Water Quality Control Commission.

This 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 departm…

A. An application for a new discharge permit or a renewal of an existing discharge permit shall include the applicable information in this section. An application for a modification of an existing discharge permit shall include the information in this section relevant to the prop…

A. A permittee may submit a request for a discharge permit amendment to the department at any time during the term of an approved discharge permit. B. A permittee shall remit a fee pursuant to Subsection C of 20.6.7.9 NMAC with the request for a discharge permit amendment. C. A d…

A. Practice of engineering. All plans, designs, drawings, reports and specifications required by the copper mine rule that require the practice of engineering shall bear the seal and signature of a licensed New Mexico professional engineer pursuant to the New Mexico Engineering a…

A. Planning for closure. To the extent practicable, copper mine facility units shall be designed and operated in a manner that considers implementation of the copper mine facility closure plan submitted pursuant to 20.6.7.33 NMAC including: (1) identifying material that is suitab…

A. 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 distance…

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

A. Engineering design requirements. At a minimum, the following requirements shall be met in designing leach stockpiles at copper mine facilities unless the applicant or permittee can demonstrate that an alternate design will provide an equal or greater level of containment. (1) …

A. Material characterization requirements. (1) Material characterization and acid mine drainage prediction. All waste rock stored, deposited or disposed of at a copper mine facility shall be evaluated for its potential to generate acid and to release water contaminants at levels …

A. Engineering design requirements. At a minimum, the following requirements shall be met in designing crushing, milling, concentrating, smelting and tailings impoundment units at copper mine facilities unless the applicant or permittee can demonstrate that an alternate design wi…

A. Engineering design requirements. At a minimum, the following requirements shall be met in designing new pipeline or tank systems at copper mine facilities that contain process water or impacted stormwater unless the applicant or permittee can demonstrate that an alternate desi…

Operational requirements. A permittee operating an open pit shall operate the open pit pursuant to the following requirements, as applicable. A. The open pit shall remain within the area identified in the discharge permit. B. Stormwater shall be diverted outward and away from the…

A. Material characterization requirements: All waste rock removed from an underground mine and taken to the surface shall be characterized and managed pursuant to the copper mine rule. Any waste rock removed from an underground copper mine facility, any tailings or any other wast…

A. Engineering design requirements. At a minimum, the following requirements shall be met in designing new truck and equipment washing units at copper mine facilities unless the applicant or permittee can demonstrate that an alternate design will provide an equal or greater level…

The following water quality monitoring requirements apply to all copper mine facilities unless otherwise specified. A. Monitoring wells - location proposals. An applicant for a new, renewed or modified discharge permit or permittee shall submit a plan for department approval iden…

A. Monitoring reports - schedule of submittal. A permittee shall submit monitoring reports to the department on a semi-annual schedule that shall contain all quarterly monitoring data and information collected pursuant to the copper mine rule. Semi-annual monitoring reports shall…

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

A. Exceedance of ground water standards. If monitoring of a water contaminant source indicates that applicable standards are exceeded, or if the extent or magnitude of existing ground water contamination is significantly increasing, the permittee shall collect a confirmatory samp…

An applicant or permittee shall submit a closure plan for all portions of a copper mine facility covered by a discharge permit that addresses the following requirements. A. Design storm event. Permanent storm water conveyances, ditches, channels and diversions required for closur…

A. Notification of intent to close. A permittee shall notify the department in writing of its intent to implement the closure plan for a copper mine facility or an individual unit of a copper mine facility. Notification shall be given at least 30 days prior to implementation of c…

For each unit closed at a copper mine facility, the closure period shall cease, and the post-closure period shall commence, following the permittee's submission and department approval of a final CQA/CQC report that includes as-built drawings and a closure report documenting comp…

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

A. Transfer of discharge permits for copper mine facilities shall be made pursuant to 20.6.2.3111 NMAC and this section. B. The transferor(s) shall notify the department, in writing, of the date of transfer of ownership, control or possession and provide contact information for t…

A. A discharge permit issued pursuant to 20.6.2.3109 NMAC that has not expired on or before the effective date of the copper mine rule shall remain in effect and enforceable pursuant to the conditions of the discharge permit and for its term as designated by the permit. If an eff…

Permanent.

12/1/13, unless a later date is cited at the end of a section.

The purpose of 20.6.7 NMAC is to supplement the general permitting requirements of 20.6.2.3000 through 20.6.2.3114 NMAC to control discharges of water contaminants specific to copper mine facilities and their operations to prevent water pollution. Compliance with these rules does…

A. Terms defined in the Water Quality Act and 20.6.2.7 NMAC shall have the meanings as given in such. B. A term defined in this part shall have the following meaning. (1) "Acid mine drainage" means water that is discharged from an area affected by mining exploration, mining, or r…

A. No person shall discharge effluent or leachate from a copper mine facility so that it may move directly or indirectly into ground water without a discharge permit approved by the department. A person intending to discharge from a copper mine facility shall submit an applicatio…

An applicant or permittee shall pay fees to the department's water quality management fund pursuant to this section in lieu of 20.6.2.3114 NMAC. A. The permittee of a copper mine shall remit an annual permit fee as follows: large copper mines, one hundred and twenty-five thousand…

Water Quality Control Commission

Unless otherwise required by this Part, all persons are subject to the state's Ground and Surface Water Protection Regulations at 20.6.2 NMAC.

All persons subject to regulation implemented through the department pursuant to the Water Quality Act, Sections 74-6-1 et seq, NMSA 1978 and specifically to persons intending to reuse wastewater and their operations.