N.M. Code R. § 20.6.2.3114

Current through Register Vol. 35, No. 9, May 7, 2024

Section 20.6.2.3114 - FEES

A. FEE AMOUNT AND SCHEDULE OF PAYMENT - Every facility submitting a discharge permit application for approval or renewal shall pay the permit fees specified in Table 1 of this section and shall pay a filing fee as specified in Table 2 of this section to the Water Quality Management Fund. Every facility submitting a request for temporary permission to discharge pursuant to Subsection B of Section 20.6.2.3106 NMAC, or financial assurance pursuant to Paragraph 11 of Subsection A of Section 20.6.2.3107 NMAC shall pay the fees specified in Table 2 of this section to the Water Quality Management Fund.

B. Facilities applying for discharge permits which are subsequently withdrawn or denied shall pay one-half of the permit fee at the time of denial or withdrawal.

C. Every facility submitting an application for discharge permit modification will be assessed a filing fee plus one-half of the permit fee. Applications for both renewal and modification will pay the filing fee plus the permit fee.

D. If the secretary requires a discharge permit modification as a component of an enforcement action, the facility shall pay the applicable discharge permit modification fee. If the secretary requires a discharge permit modification outside the context of an enforcement action, the facility shall not be assessed a fee.

E. The secretary may waive or reduce fees for discharge permit modifications or renewals which require little or no cost for investigation or issuance.

F. Facilities shall pay the filing fee at the time of discharge permit application. The filing fee is nonrefundable. The required permit fees may be paid in a single payment at the time of discharge permit approval or in equal installments over the term of the discharge permit. Installment payments shall be remitted yearly, with the first installment due on the date of discharge permit approval. Subsequent installment payments shall be remitted yearly thereafter. The discharge permit or discharge permit application review of any facility shall be suspended or terminated if the facility fails to submit an installment payment by its due date.

G. Every three years beginning in 2004, the department shall review the fees specified in Table 1 and 2 of this section and shall provide a report to the commission. The department shall revise the fees as necessary in accordance with Section 74-6-5(J), NMSA 1978.

20.6.2.3114 TABLE 1 (gpd=gallons per day)	Permit Fee
Agriculture <10,000 gpd	$ 1,150
Agriculture 10,000 to 49,999 gpd	$ 2,300
Agriculture 50,000 to 99,999 gpd	$ 3,450
Agriculture 100,000 gpd or greater	$ 4,600
Domestic Waste <10,000 gpd	$ 1,150
Domestic Waste 10,000 to 49,999 gpd	$ 2,300
Domestic Waste 50,000 to 99,999 gpd	$ 3,450
Domestic Waste 100,000 to 999,999 gpd	$ 4,600
Domestic Waste 1,000,000 to 9,999,999 gpd	$ 7,000
Domestic Waste 10,000,000 gpd or greater	$ 9,200
Food Processing <10,000 gpd	$ 1,150
Food Processing 10,000 to 49,999 gpd	$ 2,300
Food Processing 50,000 to 99,999 gpd	$ 3,450
Food Processing 100,000 to 999,999 gpd	$ 4,600
Food Processing 1,000,000 or greater	$ 7,000
Grease/Septage surface disposal <10,000 gpd	$ 1,725
Grease/Septage surface disposal 10,000 gpd or greater	$ 3,450
Industrial <10,000 gpd; or <10,000 yd3 of contaminated solids	$ 1,725
Industrial 10,000 to 99,999 gpd; or 10,000 to 99,999 yd3 of contaminated solids	$ 3,450
Industrial 100,000 to 999,999 gpd; or 100,000 to 999,999 yd3 of contaminated solids or greater	$ 6,900
Industrial 1,000,000 gpd or greater; or 1,000,000 yd3 of contaminated solids or greater	$10,350
Discharge of remediation system effluent - remediation plan approved under separate regulatory authority	$ 1,600
Mining dewatering	$ 3,250
Mining leach dump	$13,000
Mining tailings	$13,000
Mining waste rock	$13,000
Mining in-situ leach (except salt) and old stope leaching	$13,000
Mining other (mines with minimal environmental impact, post closure operation and maintenance, evaporation lagoons and land application at uranium mines)	$ 4,750
Gas Compressor Stations 0 to 1000 Horsepower	$ 400
Gas Compressor Stations >1001 Horsepower	$ 1,700
Gas Processing Plants	$ 4,000
Injection Wells: Class I (non-hazardous)	$ 4,500
Injection Wells: Class III and Geothermal	$ 1,700
Oil and Gas Service Companies	$ 1,700
Refineries	$ 8,400
Crude Pump Station	$ 1,200
Underground Gas Storage	$ 1,700
Abatement of ground water and vadose zone contamination	$ 2,600
General permit	$ 600

20.6.2.3114 Table 2	Fee Amount
Filing fee	$100
Temporary permission	$50
Financial assurance: approval of instrument	greater of $250 or .01%
Financial assurance: annual review	greater of $100 or .001%

N.M. Code R. § 20.6.2.3114

8-17-91, 12-1-95; 20.6.2.3114, Rn & A, 20 NMAC 6.2.III.3114, 01-01-01, Amended by New Mexico Register, Volume XXIX, Issue 23, December 11, 2018, eff. 12/21/2018