N.M. Admin. Code § 20.6.6.18

Current through Register Vol. 35, No. 21, November 5, 2024

Section 20.6.6.18 - VARIANCES

A. A petition for variance from the dairy rule shall be submitted in accordance with Subsection A of 20.6.2.1210 NMAC.

B. In addition to any other criteria offered by the petitioner, the commission may consider as an unreasonable burden upon the petitioner's activity that the requirements of the dairy rule are unnecessary to prevent ground water pollution due to site-specific conditions.

C. In addition to any other information required under Paragraph (7) of that subsection, the petition shall, if applicable, identify any alternative facility design, alternative measuring device, or other variation from the requirements of the dairy rule and describe why variation from the diary rule is warranted based upon site-specific conditions.

D. Notwithstanding Subsection C of 20.6.2.1210 NMAC, a variance from the requirements of the diary rule may be granted for a period of time in excess of five years through the period of the expected useful life of the feature for which a variance is granted.

E. The department may review a variance every five years in conjunction with the discharge permit renewal to determine whether the variance is achieving its designed purpose and whether the variance has caused an exceedance of the standards of 20.6.2.3103 NMAC. If a five year review demonstrates that the variance cannot meet these criteria, the department may request a hearing before the commission to revoke the variance.

N.M. Admin. Code § 20.6.6.18

20.6.6.18 NMAC - N, 12/31/2011