N.M. Code R. § 20.11.7.12 Petition For Variance - Fee

• Library: New Mexico Administrative Code
• Edition: 2023
• Currency: Current through Register Vol. 34, No. 24, December 19, 2023
• Citation: N.M. Code R. § 20.11.7.12
• Year: 2023

A. A person seeking a variance from a regulation of the board or a permit condition imposed by the department shall do so by delivering a written petition for variance to the director and the division manager. The petitioner shall use petition forms obtained from the department. The petition form shall include information regarding how the public may obtain additional information from the division regarding the petition, including information regarding the date, time and place of any variance petition hearing before the board.

B. Petitions shall:

(1) be delivered to the director and the division manager within 30 consecutive days after the date the petitioner had actual or constructive knowledge of the limitation regarding which the petitioner is seeking a variance;

(2) state the petitioner's name, address telephone number, and, if available, facsimile number, cellular telephone number and other contact information;

(3) state the date the petition is delivered to the director and the division manager;

(4) describe the facility or activity regarding which the variance is sought, if applicable;

(5) state the address or description of the property upon which the facility is located, if applicable;

(6) identify and provide a citation to the limitation prescribed by the Air Quality Control Act, the regulation of the board or the permit condition imposed by the department regarding which the variance is sought;

(7) state in detail the extent to which the petitioner wishes to vary from the limitation;

(8) state why the petitioner believes the variance is justified and can be approved by the board consistent with the requirements of the Air Quality Control Act, specifically Subsections A and B of 74Variances74-2-8 NMSA 1978, Variances;

(9) state any time periods, limitations and other conditions that must be included in the variance in order to comply with Subsection C of 74Variances74-2-8 NMSA 1978; and

(10) be signed by the petitioner or by a person who is authorized to sign on the petitioner's behalf If the person signing is not the petitioner, the person signing shall state in writing the source of the authority to sign on petitioner's behalf and shall attach the proof of authority to the petition that is delivered to the division manager.

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