New Mexico § 71-8-5 - Testing site permit; effect

§ 71-8-5. Testing site permit; effect

As long as a testing site permit is in effect: A. the permittee, when conducting sustainable development research that is specified

in the testing site permit, shall comply with all applicable laws and rules except

those county codes, ordinances, rules or permits specified in the permit as inapplicable

to the permittee and the research; B. nothing in the Sustainable Development Testing Site Act or the testing site permit

shall be deemed to allow the permittee to appropriate or otherwise use underground

or surface water without first obtaining a water rights permit or approval from the

state engineer. New appropriations of water and water rights transfers shall in no event be exempted

from state water law and the rules of the state engineer; C. employees and agents of the state or the county may, at all reasonable times, enter

the sustainable development testing site for the purpose of inspecting the site and

activities conducted on the site to ensure that conditions specified in the testing

site permit are being met; D. the permittee shall annually, no later than the anniversary date of the testing

site permit, submit a report to the planning commission, the department of environment,

the state engineer, the energy, minerals and natural resources department and the

construction industries division of the regulation and licensing department describing

the sustainable development research conducted during the preceding twelve months

and summarizing the results. The report shall also include all required monitoring data for soil, water, including

water quality and quantity, and air. All information contained in the report and all other information learned from activities

pursuant to the testing site permit shall be made available to the public; E. the planning commission may revoke the testing site permit if it finds, after a

public hearing, that: (1) the permittee has violated a testing site permit provision, a provision of the

Sustainable Development Testing Site Act or a rule adopted pursuant to Section 8 of

that act; or (2) the sustainable development testing site has not complied with a permit provision,

ordinance, rule, regulatory policy or other associated administrative action of the

state engineer, the department of environment or another state or federal agency;

and F. a permittee may apply to have a testing site permit amended by submitting a new

application pursuant to Section 3 of the Sustainable Development Testing Site Act;

provided that, if the planning commission determines that the proposed amendment will

not substantially alter the sustainable development research or other activities conducted

at the sustainable development testing site, it may waive the requirements of that

section for notice and public hearing.