State of New Mexico > Environment Department > Ground Water Quality Bureau
NMED Home Page

PUBLIC NOTICE REQUIREMENTS
FOR GROUND WATER DISCHARGE PERMITS


Effective January 1, 2015, the New Mexico Environment Department (NMED) will no longer provide the public notice materials required by Section 3108 of 20.6.2 NMAC. It shall be the responsibility of the applicant to comply with the public notice requirements specified in Section 3108. NMED will provide the approved language for the notices.

For new and modification applications, a sign 2 x 3 feet in size (or multiple signs) must be posted at or near the facility in a conspicuous location approved by NMED for a period of 30 days.

Please direct any questions to Steven Huddleson, Program Manager of the Pollution Prevention Section, Ground Water Quality Bureau, at (505) 827-2936 or Steven.Huddleson@state.nm.us.


Under the regulations, once an application has been received, 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 must be 2 feet by 3 feet in size. A sign must be posted for each 640 contiguous acres or less of the 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.
  • Place a display ad. A display ad 2 x 3 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.
page last updated