20.9.4.11

SITING CRITERIA FOR TRANSFORMATION FACILITIES.

1. A. No transformation facility shall be located:

   (1) in a floodplain, within 500 feet of a wetland, or within 200 feet of a watercourse unless the watercourse has been altered pursuant to an approval from the army corps of engineers or other appropriate authority;

   (2) where new, abandoned or exploration subsurface mines may pose a risk of subsidence, instability, or ground water contamination;

   (3) within historically or archaeologically significant sites, unless in compliance with the Cultural Properties Act, NMSA 1978, Sections 18-6-1 to 18-6-23 and the Prehistoric and Historic Sites Preservation Act, NMSA 1978, Sections 18-8-1 to 18-8-8;

   (4) within 150 feet of the facility property boundaries; nor

   (5) within an unstable area, unless the owner or operator demonstrates that engineering measures have been incorporated into the facility design to ensure that the integrity of the structural components of the facility will not be disrupted.

2. B. No transformation facility having a throughput capacity of less than 1,000 pounds per hour shall be located within one mile of any residence, institution, school, place of worship, hospital or other transformation facility in existence on the date the initial permit application is filed with the department.
3. C. No transformation facility having a throughput capacity of 1,000 pounds per hour or greater shall be located within three miles of any residence, institution, school, place of worship, hospital or other transformation facility in existence on the date the initial permit application is filed with the department.

[20.9.4.11 NMAC - Rp, 20 NMAC 9.1.III.305, 08/02//07]