This text of New Mexico § 74-6C-3 (Permit required) is published on Counsel Stack Legal Research, covering New Mexico primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
A. A person shall not discharge a pollutant from a point source to waters of the United States without a permit issued by the department pursuant to the New Mexico Pollutant Discharge Elimination System Act and the program. B. The issuance of a permit does not convey any property rights or exclusive privileges. C. The issuance of a permit does not authorize any injury to persons or property or invasion of other private rights or any infringement of any other laws, rules, regulations or ordinances. D. No permit shall be issued when the regional administrator has objected in writing pursuant to the federal act. E. Only the following discharges are exempt from Subsection A of this section:
(1)a discharge composed entirely of return flows from irrigated agriculture;
(2)a discharge of storm w
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A. A person shall not discharge a pollutant from a point source to waters of the United States without a permit issued by the department pursuant to the New Mexico Pollutant Discharge Elimination System Act and the program. B. The issuance of a permit does not convey any property rights or exclusive privileges. C. The issuance of a permit does not authorize any injury to persons or property or invasion of other private rights or any infringement of any other laws, rules, regulations or ordinances. D. No permit shall be issued when the regional administrator has objected in writing pursuant to the federal act. E. Only the following discharges are exempt from Subsection A of this section: (1) a discharge composed entirely of return flows from irrigated agriculture; (2) a discharge of storm water runoff from a mining operation or an oil and gas exploration, production, processing or treatment operation or transmission facility that is composed entirely of flows that are from conveyances or systems of conveyances, including pipes, conduits, ditches and channels, used for collecting and conveying precipitation runoff and that are not contaminated by contact with, or do not come into contact with, any overburden, raw material, intermediate products, finished product, byproduct or waste products located on the site of the operation or facility. Oil and gas exploration, production, processing or treatment operations or transmission facilities include activities necessary to prepare a site for drilling and for the movement and placement of drilling equipment, whether or not the field activities or operations may be considered to be construction activities; or (3) a discharge of runoff resulting from the following silviculture activities conducted in accordance with standard industry practice: (a) nursery operations; (b) site preparation; (c) reforestation and subsequent cultural treatment; (d) thinning; (e) prescribed burning; (f) pest and fire control; (g) harvesting operations; (h) surface drainage; and (i) road construction and maintenance. F. No ruling shall be made on any application for a draft permit without opportunity for a public hearing at which all interested persons shall be given a reasonable chance to submit evidence, data, views or arguments orally or in writing and to examine witnesses testifying at the hearing. The hearing shall be recorded. A person submitting evidence, data, views or arguments shall be subject to examination at the hearing.