N.M. Code R. § 20.11.20.18 Fugitive Dust Control Construction Permit Application Processing

• Library: New Mexico Administrative Code
• Edition: 2023
• Currency: Current through Register Vol. 34, No. 24, December 19, 2023
• Citation: N.M. Code R. § 20.11.20.18
• Year: 2023

A. A person who is required to submit a fugitive dust control construction permit (permit) application and plan for active operations that will disturb at least three-quarters of an acre, but no more than 25 acres, shall submit the permit application and plan with the applicable fees to the department no fewer than 10 business days prior to the start of active operations. Within 10 business days of the department receiving the permit application, plan and fees, the department will approve the permit, approve the permit with conditions or deny the permit.

B. A person who is required to submit a permit application and plan for active operations that will disturb more than 25 acres shall submit the permit application and plan with the applicable fees to the department no fewer than 20 business days prior to the start of active operations. Within 20 business days of the department receiving the permit application, plan and fees, the department will approve the permit, approve the permit with conditions or deny the permit.

C. The fugitive dust control plan may be in any form including a copy of a program that complies with any other statute or regulation so long as the plan provides reasonably available control measures whose purpose is to mitigate fugitive dust and the plan meets the objectives of 20.11.20 NMAC. If the plan does not specifically enumerate the control measures proposed to mitigate fugitive dust, the permit application shall be deemed incomplete and shall be rejected. If an incomplete...