Public Notice Requirements for Discharge Permit Applications Have Changed!

Revisions to the public notice requirements pertaining to Discharge Permits are effective as of May 1, 2006 (post-poned for now; until new effective date is announced, the existing public notice requirements will be effective; please check with Ground Water Quality Bureau at (505) 827-2900). The revisions are contained in Section 20.6.2.3108 of the New Mexico Water Quality Control Commission Regulations (20.6.2 NMAC). The regulations can be viewed on-line at http://www.nmcpr.state.nm.us/nmac/parts/title20/20.006.0002.htm or at www.nmenv.state.nm.us, click on Regulations, then Ground Water, then Ground Water and Surface Water Protection. You may also call the Ground Water Quality Bureau at (505) 827-2900 and request that a copy be mailed to you.

Under the new regulations, once an application has been received, the New Mexico Environment Department (NMED) has 15 days either to deem it administratively complete or to notify the applicant of deficiencies. Once NMED deems an application administratively complete, the applicant has 30 days to provide public notice. NMED will send the necessary materials and instructions to the applicant. An overview of the requirements is provided here.

Applications for New Discharge Permits, Modifications, and Renewals with Modification:

Post sign(s) at the facility: A sign must be posted for 30 days at or near the facility in a conspicuous location approved by NMED. The sign, 2 feet by 3 feet in size, will be provided by NMED for a fee of $15. A sign must be posted for each 640 contiguous acres or less of discharge site.

Post a public notice flyer off-site: A public notice flyer must be posted off the discharge site at a location approved by NMED. The flyer will be provided by NMED.

Mail a public notice flyer to property owners within 1/3 mile:: The public notice flyer must be sent by 1st class mail to the owners of record of all properties within 1/3 mile from the boundary of the property where the discharge site is located. If there are no properties within 1/3 mile other than properties owned by the applicant, then the flyer must be mailed to the owners of record of the nearest adjacent properties.

Mail a public notice flyer to the owner of the discharge site: The public notice flyer must be sent via certified mail, return receipt requested, to the owner(s) of the discharge site(s), if the applicant is not the owner.

Place a display ad:. A display ad 3 x 4 inches in size must be published for one day in a newspaper of general circulation in the location of the proposed discharge. The ad may not be placed in the classified or legal section. The text for the ad will be provided by NMED.  

Applications for Discharge Permit Renewals (without Modification):

Mail a public notice flyer to the owner of the discharge site: The public notice flyer must be sent via certified mail, return receipt requested, to the owner(s) of the discharge site(s), if the applicant is not the owner. The flyer will be provided by NMED.

Check back here for updates!!

Frequently Asked Questions related to Public Notice Requirements