MASE Comments on Discharge Permit DP-61; Rio Grande Resources Corporation September 2015
MASE Comments on the Renewal and Modification of Discharge Permit DP-61; Rio Grande Resources Corporation
RGRC’s 1995 Discharge Permit-61 Has Expired
Draft DP-61 has been improperly characterized as a renewal and modification, despite the fact that the permit was last renewed in 1995. The regulatory summary for DP-61 states that the permit has been in timely renewal since 1999, but no discharge permit renewals have been publicly noticed or approved by NMED since 1995. NMED’s failure to act on Rio Grande Resources Corporation’s (RGRC) 1999 renewal application has resulted in the expiration of DP-61.
The Secretary has no authority to approve discharge permits, modifications, or renewals for a period longer than 7 years. A discharger is required to give prior written notice to the department of the date that the discharge is to commence, and the term shall not exceed 5 years from that date. 188.8.131.5209.H(4); NMAC The current renewal term for this proposed modification of DP-61 is 5 years from the date of issuance, after which the permit will automatically expire. Draft DP-61 at p. 20