New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 9 - SOLID WASTE › Part 20 - RECYCLING, ILLEGAL DUMPING AND SCRAP TIRE MANAGEMENT › Section 20.9.20.27 - SCRAP TIRE HAULER BOND REQUIREMENTS

Current through Register Vol. 35, No. 13, July 16, 2024
A scrap tire hauler must acquire and maintain a surety bond
				  in the amount of $10,000 submitted on a form prepared by the department. This
				  form may be obtained by contacting the department solid waste bureau, and will
				  be posted on its website. The purpose of the surety bond is to provide limited
				  financial assurance for the cleanup and proper disposal of scrap tires found to
				  be illegally dumped by the scrap tire hauler.
A. The surety bond provided to the department
				must be issued subject to the laws and jurisdiction of the state of New Mexico
				and must issued by a surety company authorized by the superintendent of
				insurance to do business in New Mexico. The surety bond provided to the
				department must have original signatures. The wording of the surety bond must
				be identical to the wording on the form supplied by the department.
B. The surety bond must name the secretary of
				the New Mexico environment department as the obligee for the surety bond. The
				secretary may designate a third party to receive any funds from the surety in
				an amount up to $10,000 to pay for the costs of clean-up activities.
C. The surety bond must be continuous in
				nature, unless canceled by the surety company. The security company must notify
				the department sixty (60) calendar days prior to cancellation of the surety
				bond. Notice must be provided in writing via certified mail to the solid waste
				bureau chief.
D. In the event of
				cancellation of a surety bond, the scrap tire hauler must provide a replacement
				surety bond, executed by an authorized surety company, within thirty (30)
				calendar days of the department's receipt of the notice of cancellation of the
				existing surety bond. Should the scrap tire hauler fail to submit alternate
				bond coverage by the thirty-first (31) calendar day following receipt by the
				department of the notice of cancellation, the scrap tire hauler's certificate
				of registration shall be immediately suspended.
E. The surety company shall become liable
				under the terms of the bond if the department determines that the scrap tire
				hauler has failed to comply with the provisions of the Solid Waste Act, the
				Recycling and Illegal Dumping Act and 20.9.2 NMAC through 20.9.10 NMAC or this
				part. The registered scrap tire hauler is jointly and severally liable for the
				bond amount and any penalties, clean-up costs, or judgments resulting from
				hauling activities in violation of the Solid Waste Act, the Recycling and
				Illegal Dumping Act and 20.9.2 NMAC through 20.9.10 NMAC or this part that
				exceed the bond amount.
F. The
				surety's liability is limited to the amount of the surety bond. The amount of
				monies recoverable from the scrap tire hauler is not limited to the amount of
				the bond. A scrap tire hauler shall be responsible for paying for any financial
				obligations, beyond $10,000 should the department successfully obtain the
				$10,000 from the surety pursuant to the terms of the surety bond, caused by
				improper disposal of scrap tires by the scrap tire hauler or the scrap tire
				hauler's employee while acting within the scope of employment, as determined by
				the department.
G. The owner or
				operator may cancel the surety if the department has given prior written
				consent. The department will provide such written consent when the scrap tire
				hauler has given written notification that the scap tire hauler is no longer in
				business and/or the date that the scrap tire hauling activities
				ceased.