B. An application for a permit revision for standby status shall indicate the portions of the permit to be revised, the proposed changes, and for each unit subject to the proposed revision, shall, at a minimum, provide the following:

(1) identify the projected term of standby status;

(2) describe the measures to be taken to reduce, to the extent practicable, the formation of acid and other toxic drainage and to prevent releases that cause federal or state environmental standards to be exceeded;

(3) describe how applicable federal and state environmental standards and regulations will be met during the duration of standby status and provide to the Director a written determination from the Secretary of the Environment Department stating that the permittee has demonstrated that the operation will be expected to achieve compliance with all applicable air, water quality and other environmental standards of the Environment Department during standby status if carried out as described;

(4) describe how waste and storage units, leach piles, impoundments and pits will be stabilized during the duration of standby status;

(5) describe how the applicable requirements of the Act and 19.10 NMAC will be met during the term of the standby status for the operations proposed for standby status; and

(6) provide an analysis of the anticipated future economic viability of the units proposed for standby status.

F. An application for a permit revision for standby status will be approved if the permittee has paid the permit revision fee pursuant to 19.10.2 NMAC, and the Director finds:

(1) that the permittee agrees to take measures to reduce, to the extent practicable, the formation of acid and other toxic drainage and to prevent releases that cause federal or state environmental standards to be exceeded;

(2) that the permittee agrees to meet applicable federal and state environmental standards and regulations during the period of standby status, and the Secretary of the Environment Department has indicated environmental standards of that Department are expected to be met during the term of standby status.

(3) that the permittee agrees to stabilize waste and storage units, leach piles, impoundments and pits during the term of standby status;

(4) that the permittee agrees to comply with the applicable requirements of the Act, 19.10 NMAC and the permit during the term of standby status; and

(5) that the permittee has provided an analysis of the economic viability for each unit proposed for standby status.

J. Standby status will not be granted beyond the term of any mineral lease. Should the mineral lease terminate or the claims become invalid during the term of standby status, then standby status shall also end.

[7-12-94, 2-15-96; 19.10.7.701 NMAC - Rn, 19 NMAC 10.2.7.701, 05-15-2001]

History of 19.10.7 NMAC:

Pre-NMAC History:

Material in this part was derived from that previously filed with the commission of public records - state records center and archives as:

Rule 7, Standby, filed 07-12-94.

History of Repealed Material: [Reserved]

Other History:

Rule 7, Standby, filed 07-12-94, renumbered and reformatted as Subpart 7 of 19 NMAC 10.2, New Mexico Mining Act Implementation, filed 01-31-96.

19 NMAC 10.2, Subpart 7, Standby, filed 01-31-96 was renumbered and reformatted to 19.10.7 NMAC, effective 05-15-2001.