New Mexico Administrative Code

A. Owners and operators shall conduct assessment monitoring whenever the AML has been exceeded for one or more constituent of Subsection A of 20.9.9.20 NMAC or an alternate constituent list approved under Subsection A of 20.9.9.11 NMAC unless a demonstration has been approved pur…

A. Background water quality data approved by the department shall be used as the baseline to determine corrective action levels (CALs). B. For all constituents, CALs shall be the ground water protection standard. C. If the background concentrations of any constituent is above wha…

A. Upon finding that any constituent listed in 20.9.9.20 NMAC has exceeded its CAL, the owner or operator shall initiate an assessment of corrective measures. Such an assessment shall be submitted to the department within 180 days of the finding. B. The owner or operator shall co…

A. Based on the results of the corrective measures assessment conducted under 20.9.9.15 NMAC, the owner or operator shall, within 120 days following the submission of the assessment of corrective measures, submit a proposed remedy to the department for review and approval that me…

A. Based on the schedule approved by the secretary under Subsection F of 20.9.9.16 NMAC for initiation and completion of remedial activities, the owner or operator shall: (1) establish and implement a corrective action ground water monitoring program that: (a) at a minimum, meets…

For the purpose of determining compliance with the requirements of 20.9.9 NMAC, within one year of the effective date of this part, analytical results may be considered only if they have been determined by a laboratory acceptable to the department as specified in this section. Th…

All background levels proposed by the owner or operator are subject to review and approval by the secretary. All ground water protection standards proposed for toxic pollutants listed in 20.6.2.7 NMAC are subject to review and approval by the secretary.

This part applies to all solid waste facilities.

Constituents and parameters to be evaluated under the requirements of 20.9.9.1 - 20.9.9.19 NMAC include: A. every constituent listed in the following: (1) 40 CFR 258 Appendix I; (2) 20.6.2.3103 NMAC, including the parameter of pH; B. all constituents listed in 40 CFR 258 Appendix…

NMSA 1978, Sections 74-1-1 to 74-1-15, NMSA 1978, Sections 74-9-1 to 74-9-43, and NMSA 1978 Sections 74-13-1 to 74-13-20.

Permanent.

August 2, 2007, unless a later date is cited at the end of a section.

The objective of Part 9 of Chapter 9 is to establish a rule governing solid waste facility ground water monitoring and corrective action requirements.

[RESERVED]

A. The owner or operator of a municipal or special waste landfill, unless it is a category 1 landfill, is waived under 20.9.2.14 NMAC, or is suspended under Subsection C of this section, shall submit, obtain approval of, and implement a ground water monitoring system plan and a g…

A. A ground water monitoring system shall consist of a sufficient number of wells, installed at appropriate locations and depths, to yield ground water samples from the uppermost aquifer that: (1) represent the background quality of ground water that has not been affected by a re…

New Mexico Department of Agriculture, New Mexico State University MSC 3189; PO Box 30005; Las Cruces, New Mexico 88003-8005; Telephone: (575) 646-3007

Rulemaking hearings shall be conducted as follows. A. The rules of civil procedure and the rules of evidence shall not apply. B. Unless the circumstances otherwise justify the order of appearance will be as follows:(1) comments of department staff; (2) comments of each proponent;…

The department shall afford all interested persons reasonable opportunity to submit written data, views, or arguments in support of or opposition to a proposed rule. Any interested person seeking to modify a proposed rule in any way must submit a proposed modification in writing …

The director shall appoint an agency representative or hearing officer to conduct the hearing and receive statements and supporting data. The agency representative or hearing officer will be authorized to make all rulings in the conduct of the proceedings and in the receipt of st…

A. A record shall be made at each proceeding, the cost of which shall be borne by the department. Transcript costs shall be paid by those persons requesting transcripts. The records shall contain: (1) a copy of all publications in the NM register relating to the proposed rule; (2…

Adoption of any rule will be through the board of regents of New Mexico state university at a scheduled board meeting. The board shall be presented with a complete hearing record and recommended action of the director. At the time a rule is adopted, the department shall provide a…

The department shall comply with emergency rulemaking procedures in Section 14-4-5.6 NMSA 1978.

Each rule, amendment, or repeal thereof adopted by the department shall be filed with the state records center in accordance with the State Rules Act, Section 14-4-5 NMSA 1978

This rule establishes a rulemaking procedure, which will enable the New Mexico department of agriculture to secure the views and statements of all interested persons concerning rules and regulations at the department in a transparent, organized and fair manner.

Granted to the board of regents of New Mexico state university under Sections 76-1-2 NMSA 1978 compilation and shall apply to all New Mexico department of agriculture rulemaking proceedings.

Permanent.

November 1, 2018, unless a later date is cited at the end of a section.

Standardize rule making procedures for the NMDA.

This rule adopts the definitions found in Section 14-4-2 NMSA 1978. A. "Department" means the New Mexico department of agriculture. B. "Director" means the director of the New Mexico department of agriculture.

For purposes of developing proposed rules and regulations, the department may request attendance at informal meetings or workshops.

A. Prior to the adoption, amendment, or repeal of any rule, the department shall publish notice of its proposed action in the New Mexico register and at least 30 days prior to its proposed action, not including the publication or the day of proposed action, shall:(1) if required …

New Mexico State University, New Mexico Department of Agriculture [MSC 3189, Box 30005, Las Cruces, New Mexico 88003-8005, Telephone No. (575) 646-3007]

The division director may waive any or all fees if in the division director's opinion the public interest would be served by exempting the party from the fee, or the fee is incidental to the cost of providing the service.

Part 2 shall apply to all persons requesting special documents, or special services from the New Mexico department of agriculture, division of agricultural and environmental services or one of the division's sections.

Granted to the board of regents of New Mexico state university under the Agriculture Law, Chapter 76, Article 1, Section 2, paragraph M, NMSA 1978.

Permanent.

July 1, 1997

The objective of Part 2 of Chapter 1 is to establish fees for [requested lists and] services plus certain documents issued by the New Mexico department of agriculture, division of agricultural and environmental services.

A. "Division" means the division of agricultural and environmental services and its sections within the New Mexico department of agriculture. B. "Request for service" means any written or oral request by any public or private entity for services, or documents not routinely provid…

The director of the division is authorized to determine the circumstances under which fees are to be charged to recover the cost of a request for service.

A. All fees for documents, or services rendered are due and payable at the time they are ordered or when billing is received, as appropriate. Failure to pay for either documents or services shall result in withholding all further services by the division until outstanding amounts…

New Mexico State University, New Mexico Department of Agriculture [MSC 3189, P. O. Box 30005, Las Cruces, New Mexico 88003-8005, Telephone: (575) 646-3007]

This part applies to disciplinary proceedings by the issuing agency pursuant to the Parental Responsibility Act against a license, certificate, registration or permit required to engage in a profession or occupation.

This part is adopted pursuant to the Parental Responsibility Act, NMSA 1978, Sections 40-5A-1 to 40-5A-13, and the following licensing statutes under the authority of the department of agriculture: A. Egg Grading Act, NMSA 1978, Section 25-6-12; B. Dairy Establishment Sanitation …

Permanent