reglab/statecodes huggingface dataset:
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 9 - SOLID WASTE › Part 2 - SOLID WASTE MANAGEMENT GENERAL REQUIREMENTS › Section 20.9.2.2 - SCOPE

Current through Register Vol. 35, No. 13, July 16, 2024
This part applies to the transportation, storage, transfer,
				  processing, transformation, recycling, composting, nuisance abatement and
				  disposal of solid waste.
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 9 - SOLID WASTE › Part 2 - SOLID WASTE MANAGEMENT GENERAL REQUIREMENTS › Section 20.9.2.3 - STATUTORY AUTHORITY

Current through Register Vol. 35, No. 13, July 16, 2024
NMSA 1978, Sections
				  74-1-1 to
				  74-1-15,
				  NMSA 1978, Sections
				  74-9-1 to
				  74-9-43,
				  and NMSA 1978 Sections
				  74-13-1 to
				  74-13-20.
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 9 - SOLID WASTE › Part 2 - SOLID WASTE MANAGEMENT GENERAL REQUIREMENTS › Section 20.9.2.5 - EFFECTIVE DATE

Current through Register Vol. 35, No. 13, July 16, 2024
August 2, 2007, unless a later date is cited at the end of a
				  section.
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 9 - SOLID WASTE › Part 2 - SOLID WASTE MANAGEMENT GENERAL REQUIREMENTS › Section 20.9.2.6 - OBJECTIVE

Current through Register Vol. 35, No. 13, July 16, 2024
The objective of Part 2 of Chapter 9 is to establish
				  regulations in the following areas of solid waste management:
A. general requirements;
B. requirements for public
				entities;
C. prohibited acts and
				exceptions;
D. entry by the
				department; and
E. procedures for
				exemptions, specific approvals, waivers for small municipal landfills and
				variances.
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 9 - SOLID WASTE › Part 2 - SOLID WASTE MANAGEMENT GENERAL REQUIREMENTS › Section 20.9.2.8 - GENERAL REQUIREMENTS

Current through Register Vol. 35, No. 13, July 16, 2024
A. Any
				person who hauls solid waste or recyclable materials or provides solid waste or
				recyclable collection services shall only haul to a permitted or registered
				facility, and shall use vehicles that have covers or enclosures to prevent the
				solid waste or recyclable materials from blowing from the vehicle during
				collection and transportation, and that are cleaned at such times and in such
				manner as to prevent offensive odors and unsightliness, and that use devices to
				retain or control free liquids.
B.
				Any person who generates solid waste shall store the solid waste in suitable
				storage containers for the solid waste, unless the solid waste is construction
				and demolition debris, yard refuse, or white goods. Storage containers shall
				prevent insect and rodent harborage and shall be kept covered and reasonably
				clean. Outside containers shall also prevent blowing litter, be leak-proof and
				shall:
(1) if manually handled by a
				commercial or municipal hauler, be of sufficient size and weight bearing
				capacity to be safely handled without presenting undue risk of harm to human
				health or the environment, with safe, usable handles, or shall be bags that are
				not filled to an extent that they rupture with normal handling; or
(2) if mechanically handled, be compatible
				with collection vehicles.
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 9 - SOLID WASTE › Part 2 - SOLID WASTE MANAGEMENT GENERAL REQUIREMENTS › Section 20.9.2.9 - REQUIREMENTS FOR PUBLIC ENTITIES

Current through Register Vol. 35, No. 13, July 16, 2024
A.
				Any municipality with a population greater than 3,000 shall provide solid waste
				collection services at least once weekly or as often as otherwise necessary to
				comply with the requirements of 20.9.2 - 20.9.10 NMAC.
B. The state, and each municipality, county,
				or cooperative association shall provide a means to dispose of solid waste
				generated within its respective jurisdiction that has been approved by the
				secretary and complies with 20.9.2 - 20.9.10 NMAC.
C. The state, municipality, county, or
				cooperative association may contract with any person for the collection,
				transportation, recycling, or disposal of solid waste. Contracting for the
				collection, transportation, recycling, or disposal of solid waste does not
				relieve the state, municipality, county or cooperative association of the
				responsibility for compliance with 20.9.2 - 20.9.10 NMAC.
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 9 - SOLID WASTE › Part 2 - SOLID WASTE MANAGEMENT GENERAL REQUIREMENTS › Section 20.9.2.11 - EXCEPTIONS

Current through Register Vol. 35, No. 13, July 16, 2024
20.9.2 - 20-9-10 NMAC does not apply to:
A. disposal of solid waste by a homeowner,
				residential lessee or tenant, or agricultural enterprise, on the property she
				or he owns, rents or leases, if the waste was generated on that property, and
				the disposal by the homeowner, residential lessee or tenant, or agricultural
				enterprise of the solid waste does not harm the environment or endanger the
				public health, welfare or safety and does not violate any provision of 20.9.2 -
				20.9.10 NMAC;
B. on-site disposal
				of domestic solid waste generated by a person residing and occupying that same
				property only if that property is located in a place where it is not feasible,
				as determined by the department, to dispose of the solid waste in a permitted
				solid waste facility and the disposal of the solid waste does not harm the
				environment or endanger the public health, welfare or safety and does not
				violate any provision of 20.9.2 - 20.9.10 NMAC; or
C. disposal of construction and demolition
				debris or yard refuse by a person in possession of property if the material was
				generated on the property and if the disposal of the solid waste does not
				violate any provision of 20.9.2 - 20.9.10 NMAC.
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 9 - SOLID WASTE › Part 2 - SOLID WASTE MANAGEMENT GENERAL REQUIREMENTS › Section 20.9.2.12 - SOLID WASTE FACILITIES; ENTRY BY DEPARTMENT; AVAILABILITY OF RECORDS TO DEPARTMENT

Current through Register Vol. 35, No. 13, July 16, 2024
The secretary or any authorized representative, employee or
				  agent of the department may enter, inspect, monitor, sample, or obtain records
				  of a solid waste facility, or commercial hauler as provided in Section
				  74-9-33
				  of the Solid Waste Act.
[(Facilities, entry by the department and availability of
				  records was formerly in 20 NMAC 9.1.I.111; recordkeeping was moved to
				  20.9.5.16
				  NMAC)]
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 9 - SOLID WASTE › Part 2 - SOLID WASTE MANAGEMENT GENERAL REQUIREMENTS › Section 20.9.2.13 - SPECIFIC APPROVALS

Current through Register Vol. 35, No. 13, July 16, 2024
A. Where a
				specific approval or authorization for an alternative time period, test method
				or other requirement is allowed under 20.9.2 - 20.9.10 NMAC, the following
				procedures apply.
(1) The owner or operator
				shall submit a written request to the department seeking the specific approval
				or authorization and indicate the regulatory provision allowing the approval or
				authorization. If the requested approval is for a background ground water
				quality determination, the request shall include all sample results, approved
				practical quantitation limits, and a detailed explanation supporting the
				requested levels. If the request is for an alternative time period, test method
				or other requirement under 20.9.2 - 20.9.10 NMAC, the request shall explain why
				the proposed alternative is at least as protective of the public health, safety
				and welfare as the requirement for which an alternative is requested. In
				addition, the request shall provide any technical information required in the
				section allowing the specific approval. The department may request further
				information prior to acting on the request.
(2) The department shall approve, approve
				with terms and conditions, or deny the request in writing.
(3) Any affected person who is dissatisfied
				with action taken by the department on a request for a specific approval or
				authorization may appeal to the secretary. The request must be made in writing
				to the secretary within fifteen (15) days after notice of the department's
				action has been issued. Unless an appeal is received by the secretary within
				fifteen (15) days after notice to the applicant of the department's action the
				decision of the department shall be final.
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 9 - SOLID WASTE › Part 2 - SOLID WASTE MANAGEMENT GENERAL REQUIREMENTS › Section 20.9.2.14 - WAIVERS FOR SMALL MUNICIPAL LANDFILLS

Current through Register Vol. 35, No. 13, July 16, 2024
A. Owners or operators of new or existing
				municipal landfills that dispose of less than 20 tons of solid waste daily,
				based on an annual average, and do not accept any special waste other than
				regulated asbestos, may apply in the permit application or for a specific
				approval for a waiver from the design requirements of 20.9.4.13 - 20.9.4.15
				NMAC and ground water monitoring requirements in 20.9.9.8 - 20.9.9.11 NMAC. To
				obtain a waiver, the owner or operator must demonstrate that:
(1) the groundwater protection standards for
				constituents listed or referenced in 20.9.9.20 NMAC will not be exceeded in the
				uppermost aquifer, and, for an existing landfill, there is no groundwater
				contamination attributable to the landfill;
(2) the community has no practicable waste
				management alternative; and
(3) the
				landfill is located in an area that receives, on average, 25 inches or less
				annual precipitation.
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 9 - SOLID WASTE › Part 2 - SOLID WASTE MANAGEMENT GENERAL REQUIREMENTS › Section 20.9.2.15 - VARIANCES

Current through Register Vol. 35, No. 13, July 16, 2024
A. Any person
				seeking a variance from any requirements of 20.9.2 - 20.9.10 NMAC shall do so
				in accordance with Permit Procedures - Environment Department, 20.1.4
				NMAC.
B. Variance petitions shall
				be accompanied by proof of public notice as in accordance with the Solid Waste
				Act and with Permit Procedures - Environment Department, 20.1.4 NMAC. The
				public notice shall:
(1) contain the name of
				the owner and operator of the solid waste facility;
(2) address and telephone number at which
				interested persons may obtain further information;
(3) briefly describe for what the variance is
				being sought and the proposed alternative;
(4) state the time period for which the
				variance is sought;
(5) be provided
				by certified mail to the owners of record, as shown by the most recent property
				tax schedule and tax exempt entities of record, of all properties:
(a) within one hundred feet of the property
				on which the facility is located if the facility is in a class A or H class
				county or a municipality with a population of more than 2,500 persons;
				or
(b) within one-half mile of the
				property on which the facility is located in a county or municipality other
				than those specified in Subparagraph (a) of Paragraph (5) of Subsection B of
				this section;
(6) be
				provided by certified mail to all municipalities and counties within a 10 mile
				radius of the property on which the facility is located;
(7) be published once in a newspaper of
				general circulation in each county in which the property on which the facility
				is located; this notice shall appear in either the classified or legal
				advertisements section of the newspaper and at one other place in the newspaper
				calculated to give the general public the most effective notice and, and when
				appropriate shall be printed in both English and Spanish; and
(8) be posted in at least four publicly
				accessible and conspicuous places, including the existing facility entrance on
				the property on which the facility is located.
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 9 - SOLID WASTE › Part 2 - SOLID WASTE MANAGEMENT GENERAL REQUIREMENTS › Section 20.9.2.16 - EXEMPTIONS

Current through Register Vol. 35, No. 13, July 16, 2024
A. Any person
				seeking an exemption pursuant to NMSA 1978, Section
				74-9-32
				shall do so by filing a written petition with the board, and serving a copy of
				the petition to the secretary. The petition shall be reviewed in accordance
				with Adjudicatory Procedures - Environmental Improvement Board, 20.1.2
				NMAC.
B. A petition for exemption
				shall:
(1) state each provision of the Solid
				Waste Act or 20.9.2 - 20.9.10 NMAC from which exemption is sought;
(2) cite, and have attached as exhibits, each
				provision of applicable federal or state law the petitioner alleges that
				imposes as stringent or more stringent requirements than those imposed by the
				Solid Waste Act or 20.9.2 - 20.9.10 NMAC;
(3) be signed by the petitioner or the
				petitioner's representative; and
(4) contain proof of public notice in
				accordance with the Solid Waste Act's requirements for applications for solid
				waste facility permits.
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 9 - SOLID WASTE › Part 2 - SOLID WASTE MANAGEMENT GENERAL REQUIREMENTS › Section 20.9.2.17 - SEVERABILITY

Current through Register Vol. 35, No. 13, July 16, 2024
If any provision or application of 20.9.2 - 20.9.10 NMAC is
				  held invalid by a court of competent jurisdiction, the remainder, or its
				  application to other situations or persons, shall not be
				  affected.
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 9 - SOLID WASTE › Part 2 - SOLID WASTE MANAGEMENT GENERAL REQUIREMENTS › Section 20.9.2.18 - COMPLIANCE WITH OTHER REGULATIONS

Current through Register Vol. 35, No. 13, July 16, 2024
Compliance with 20.9.2 - 20.9.10 NMAC does not relieve a
				  person of the obligation to comply with other applicable local, state and
				  federal laws.
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 9 - SOLID WASTE › Part 2 - SOLID WASTE MANAGEMENT GENERAL REQUIREMENTS › Section 20.9.2.19 - SAVINGS CLAUSE

Current through Register Vol. 35, No. 13, July 16, 2024
20.9.2 - 20.9.10 NMAC does not apply to pending litigation or
				  affect violations of prior, effective regulations, permits, registrations,
				  closure and post-closure care plans.
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 9 - SOLID WASTE › Part 2 - SOLID WASTE MANAGEMENT GENERAL REQUIREMENTS › Section 20.9.2.20 - INTERPRETATION

Current through Register Vol. 35, No. 13, July 16, 2024
20.9.2 - 20.9.10 NMAC shall be liberally construed to carry
				  out its purpose.
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 9 - SOLID WASTE › Part 2 - SOLID WASTE MANAGEMENT GENERAL REQUIREMENTS › Section 20.9.2.21 - CONTINUING EFFECT OF PRIOR ACTIONS; EXCEPTIONS

Current through Register Vol. 35, No. 13, July 16, 2024
A. All permits and certificates of
				registration issued, and all closure and post-closure care plans approved,
				pursuant to previous regulations shall remain in effect until they expire or
				they are suspended, revoked, or otherwise modified.
B. Landfills that were in operation prior to
				May 14, 1989 may continue to operate without a permit until final action is
				taken upon a permit application or closure plan. Such landfills are not allowed
				to construct or operate a lateral expansion until permitted to do so.
C. If a permit application, permit renewal
				application, permit modification application, closure plan, or registration
				application has been submitted to the department prior to the effective date of
				this part, the relevant sections of permit application, permit renewal
				application, permit modification application, closure plan or registration
				application requirements under 20 NMAC 9.1.201 - 208, 210, 212, 213, and
				501-505 shall remain in effect for that application or closure plan. However,
				all other requirements of 20.9.2 - 20.9.10 NMAC shall apply.
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 9 - SOLID WASTE › Part 2 - SOLID WASTE MANAGEMENT GENERAL REQUIREMENTS › Section 20.9.2.22 - DOCUMENTS

Current through Register Vol. 35, No. 13, July 16, 2024
Copies of all documents cited in 20.9.2 - 20.9.10 NMAC may be
				  viewed at the department's Solid Waste Bureau, 1190 St. Francis Drive, Santa
				  Fe, New Mexico.
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 9 - SOLID WASTE › Part 3 - SOLID WASTE FACILITY PERMITS AND REGISTRATIONS › Section 20.9.3.2 - SCOPE

Current through Register Vol. 35, No. 13, July 16, 2024
This part applies to the transportation, storage, transfer,
				  processing, transformation, recycling, composting, nuisance abatement and
				  disposal of solid waste.
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 9 - SOLID WASTE › Part 3 - SOLID WASTE FACILITY PERMITS AND REGISTRATIONS › Section 20.9.3.3 - STATUTORY AUTHORITY

Current through Register Vol. 35, No. 13, July 16, 2024
NMSA 1978, Sections
				  74-1-1 to
				  74-1-15,
				  NMSA 1978, Sections
				  74-9-1 to
				  74-9-43,
				  and NMSA 1978 Sections
				  74-13-1 to
				  74-13-20.
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 9 - SOLID WASTE › Part 3 - SOLID WASTE FACILITY PERMITS AND REGISTRATIONS › Section 20.9.3.5 - EFFECTIVE DATE

Current through Register Vol. 35, No. 13, July 16, 2024
August 2, 2007, unless a later date is cited at the end of a
				  section.
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 9 - SOLID WASTE › Part 3 - SOLID WASTE FACILITY PERMITS AND REGISTRATIONS › Section 20.9.3.6 - OBJECTIVE

Current through Register Vol. 35, No. 13, July 16, 2024
The objective of Part 3 of Chapter 9 is to establish
				  regulations in the following areas of solid waste management:
A. solid waste facility permits;
B. permitting procedures, application review,
				issuance, denial and revocation;
C.
				permit modification, transfer, renewal and expiration;
D. registration of composting and recycling
				facilities, collection centers and air curtain incinerators;
E. nuisance abatement plans;
F. commercial hauler registrations;
G. registration of haulers of special waste;
				and
H. fee schedules.
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 9 - SOLID WASTE › Part 3 - SOLID WASTE FACILITY PERMITS AND REGISTRATIONS › Section 20.9.3.9 - ADDITIONAL PERMIT APPLICATION REQUIREMENTS FOR MUNICIPAL, MONOFILL OR SPECIAL WASTE LANDFILL FACILITIES

Current through Register Vol. 35, No. 13, July 16, 2024
A.
				Prior to the submission of a permit application or an application for a
				modification resulting in a lateral or vertical expansion for a municipal,
				monofill or special waste landfill, the applicant shall:
(1) meet with department representatives to
				discuss the proposed facility or modification; and
(2) submit a site assessment boring plan for
				departmental approval, including a demonstration that the installation of any
				monitoring well will comply with 20.9.9.9 NMAC:
(a) an applicant for approval of a site
				assessment boring plan shall submit a notice of intent to the secretary at
				least 14 days prior to the installation or decommissioning of any borings;
				and
(b) borings may be converted
				into piezometers or ground water monitoring wells provided they are constructed
				in accordance with 20.9.9.9 NMAC, and the conversion is consistent with the
				ground water monitoring plan and system plan approved by the
				department.
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 9 - SOLID WASTE › Part 3 - SOLID WASTE FACILITY PERMITS AND REGISTRATIONS › Section 20.9.3.10 - ADDITIONAL PERMIT APPLICATION REQUIREMENTS FOR CONSTRUCTION AND DEMOLITION LANDFILLS

Current through Register Vol. 35, No. 13, July 16, 2024
Any person seeking a permit for a construction and demolition
				  landfill shall submit the following information in addition to that required
				  under
				  20.9.3.8
				  NMAC:
A. site plans and cross-sections
				of the proposed facility, drawn to scale, indicating the location of:
(1) the tipping areas;
(2) fencing and gates;
(3) entrances, exits and access
				roads;
(4) locations of buildings
				within 500 feet of the facility;
(5) public water supply wells and private
				wells within 1000 feet of the facility; and,
(6) borrow and fill areas;
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 9 - SOLID WASTE › Part 3 - SOLID WASTE FACILITY PERMITS AND REGISTRATIONS › Section 20.9.3.11 - ADDITIONAL PERMIT APPLICATION REQUIREMENTS FOR PROCESSING FACILITIES AND FOR RECYCLING FACILITIES THAT ACCEPT SOLID WASTE THAT ACCOMPANIES THE RECYCLABLE MATERIAL

Current through Register Vol. 35, No. 13, July 16, 2024
A. Any
				person seeking a permit for a processing facility or for a recycling facility
				that accepts solid waste shall submit the following information in addition to
				that required under 20.9.3.8 NMAC:
(1) a
				description of the survey and analysis process used to determine the
				characteristics of all solid waste expected to be accepted or
				processed;
(2) plans and
				elevations, drawn to scale, of all structures used for processing, storage,
				alternate storage, and disposal of waste materials;
(3) a process description of the sampling
				capability and locations designed into the facility so the process stream can
				be safely sampled and analyzed;
(4)
				a description of the methods to be employed for the containment or removal of
				residues and spills in a manner that protects the public health, welfare,
				safety and the environment; and
(5)
				an operation and maintenance manual that addresses all of the operating
				requirements.
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 9 - SOLID WASTE › Part 3 - SOLID WASTE FACILITY PERMITS AND REGISTRATIONS › Section 20.9.3.13 - ADDITIONAL PERMIT APPLICATION REQUIREMENTS FOR SOLID WASTE FACILITIES THAT ACCEPT SPECIAL WASTE

Current through Register Vol. 35, No. 13, July 16, 2024
Any person seeking a permit to accept special waste at a
				  solid waste facility shall submit the following information in addition to that
				  required under
				  20.9.3.8
				  NMAC:
A. a list of the types of wastes
				to be accepted and the anticipated sources of such wastes;
B. the anticipated amount and frequency of
				receipt of the wastes, including the anticipated amount of each type of special
				waste expected to be accepted over the life of the permit;
C. a description of the method of handling,
				including, but not limited to, disposal, processing, or
				transformation;
D. a general
				disposal management plan, in accordance with 20.9.8 NMAC, for each type of
				special wastes proposed to be accepted at the facility; and
E. emergency and mitigation measures in case
				of a spill or leak.
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 9 - SOLID WASTE › Part 3 - SOLID WASTE FACILITY PERMITS AND REGISTRATIONS › Section 20.9.3.14 - ADDITIONAL PERMIT APPLICATION REQUIREMENTS FOR COMPOSTING FACILITIES THAT ACCEPT SOLID WASTE

Current through Register Vol. 35, No. 13, July 16, 2024
Any person seeking a permit for a composting facility that
				  accepts solid waste shall submit the following information in addition to the
				  information required by
				  20.9.3.8
				  NMAC.
A. Operating plans for the
				facility, including, but not limited to, the origin, expected composition and
				weight or volume of materials to be composted, the process, the loading rate,
				the proposed capacity of the facility, proposed size and operational rate, and
				the expected disposition rate of the compost from the facility.
B. The composition and weight or volume of
				the non-compostable solid waste to be received at the facility.
C. The process or method used to separate the
				non-compostable solid waste from the compostable material.
D. The disposal path for the non-compostable
				solid waste.
E. A characterization
				of the feedstock used as the design basis of the composting facility shall be
				included showing:
(1) composition by material
				type;
(2) physical and chemical
				properties including moisture content and percent organic and inorganic matter;
				and
(3) process efficiency as
				measured by conversion of volatile solids.
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 9 - SOLID WASTE › Part 3 - SOLID WASTE FACILITY PERMITS AND REGISTRATIONS › Section 20.9.3.15 - ADDITIONAL PERMIT APPLICATION REQUIREMENTS FOR TRANSFER STATIONS

Current through Register Vol. 35, No. 13, July 16, 2024
A. Any person
				seeking a permit for a transfer station shall submit the following information
				in addition to that required by 20.9.3.8 NMAC:
B. plans and elevations, drawn to scale, of
				all structures proposed to be used for handling and storage of solid waste and
				diversion of recyclables;
C. a site
				plan of the proposed facility, drawn to scale, indicating the location of:
(1) storage, loading and unloading
				areas;
(2) fencing and
				gates;
(3) entrances, exits, and
				access roads; and
(4) area map
				showing locations of structures within 100 feet of the facility
				boundary;
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 9 - SOLID WASTE › Part 3 - SOLID WASTE FACILITY PERMITS AND REGISTRATIONS › Section 20.9.3.16 - PERMITTING PROCEDURES

Current through Register Vol. 35, No. 13, July 16, 2024
A. The
				permitting procedures in 20.9.3.8 - 20.9.3.25 NMAC supplement the permitting
				requirements in the Solid Waste Act and Permitting Procedures - Environment
				Department, 20.1.4 NMAC.
B. A
				permit shall be issued only after a public hearing as required by NMSA 1978
				Section
				74-9-24
				A of the Solid Waste Act. If a public hearing is held for a permit application,
				modification, renewal, or petition, the applicant shall pay one-half the actual
				cost of:
(1) court reporting services,
				including the cost to provide a copy of the transcript to the
				department;
(2) any translation or
				interpretation services; and
(3)
				providing the facility where the public hearing is held, including any security
				and ancillary costs.
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 9 - SOLID WASTE › Part 3 - SOLID WASTE FACILITY PERMITS AND REGISTRATIONS › Section 20.9.3.17 - PERMIT APPLICATION REVIEW

Current through Register Vol. 35, No. 13, July 16, 2024
A.
				The applicant shall submit three copies of the initial permit application for
				approval. Upon receipt of an application for a permit, the department shall
				review the application to determine if additional information is necessary or
				shall determine the application administratively complete. The department shall
				issue a notice of administrative completeness or a notice that additional
				information is necessary within 120 days after receipt of the application and
				within 90 days of any subsequent responses to requests for further information.
				The secretary may extend the time for good cause.
B. In the event the department requests
				additional information, the applicant shall submit any information requested
				within 120 days of receipt of the first request, and 90 days of receipt of
				subsequent requests, or the application may be denied without prejudice. The
				secretary may extend the response time for good cause, and set up an
				alternative permit review schedule. When submitting the information in response
				to a request for additional information, the applicant shall submit three
				copies. If the permit application is not administratively complete after two
				requests for additional information, the secretary may deny the permit
				application without prejudice. This subsection is not intended to limit
				informal informational exchanges during the permit review period or prior to
				submission of an application. Denial of a renewal application under this
				subsection does not automatically terminate the existing permit of a
				facility.
C. Within 14 days after
				the application is deemed administratively complete, the applicant shall submit
				to the department:
(1) six complete new copies
				of the application; and
(2) an
				updated list of all property owners as specified in Subsection G of 20.9.3.8
				NMAC; the list must be date stamped and signed by the appropriate county agent,
				or certified as accurate by the applicant as of the date the application is
				deemed complete.
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 9 - SOLID WASTE › Part 3 - SOLID WASTE FACILITY PERMITS AND REGISTRATIONS › Section 20.9.3.18 - PERMIT ISSUANCE

Current through Register Vol. 35, No. 13, July 16, 2024
A. The
				secretary shall issue a permit if the applicant demonstrates that the
				requirements of 20.9.2 - 20.9.10 NMAC and the Solid Waste Act are met and that
				neither a hazard to public health, welfare or the environment nor undue risk to
				property will result.
B. The
				secretary shall consider the information in the community impact assessment and
				any demonstrations made pursuant to Subsection E of 20.9.3.8 NMAC, together
				with other information in the record, in any decisions to issue, issue with
				conditions or deny the permit.
C.
				The terms and conditions of the permit or permit modification shall be
				specifically identified by the secretary.
D. Multiple contiguous facilities may be
				permitted under one solid waste facility permit provided each facility meets
				the applicable requirements of 20.9.2 - 20.9.10 NMAC and the Solid Waste
				Act.
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 9 - SOLID WASTE › Part 3 - SOLID WASTE FACILITY PERMITS AND REGISTRATIONS › Section 20.9.3.19 - PERMIT DENIAL OR REVOCATION

Current through Register Vol. 35, No. 13, July 16, 2024
A. In addition to the causes for denial or
				revocation listed in Subsections A and B of
				74-9-24
				of the Solid Waste Act and 20.9.3.18 NMAC, the secretary may deny or revoke a
				permit during its term for:
(1) a material
				violation of any term or condition of the permit, any requirement of 20.9.2 -
				20.9.10 NMAC, or any requirement of the Solid Waste Act by the owner or
				operator, after taking into consideration the seriousness of the violation, any
				good faith efforts to comply with the applicable requirements and other
				relevant factors;
(2) failure of
				the applicant in the application or during the permit issuance process to
				disclose fully all material facts;
(3) misrepresentation by the owner or
				operator of any material facts at any time;
(4) a determination that the permitted
				activity endangers public health, welfare or the environment;
(5) failure of the owner or operator to
				demonstrate the knowledge and ability to operate a facility in accordance with
				20.9.2 - 20.9.10 NMAC; and
(6) a
				history of non-compliance by the owner or operator with environmental
				regulations or statutes at another facility.
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 9 - SOLID WASTE › Part 3 - SOLID WASTE FACILITY PERMITS AND REGISTRATIONS › Section 20.9.3.20 - EFFECT OF PERMIT

Current through Register Vol. 35, No. 13, July 16, 2024
A. Any terms or
				conditions of the permit shall be enforceable to the same extent as a
				regulation of the board.
B. The
				existence of a permit issued under 20.9.2 - 20.9.10 NMAC shall not constitute a
				defense to a violation of 20.9.2 - 20.9.10 NMAC or the Solid Waste
				Act.
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 9 - SOLID WASTE › Part 3 - SOLID WASTE FACILITY PERMITS AND REGISTRATIONS › Section 20.9.3.21 - PERMITTED FACILITIES - DUTIES PRIOR TO OPERATION

Current through Register Vol. 35, No. 13, July 16, 2024
A. At least 14 days prior to the start of
				solid waste facility construction, the owner or operator shall provide the
				department with a major milestone schedule.
B. After a permit is granted for a solid
				waste facility or for the expansion of a solid waste facility, and at least 14
				days prior to disposal, processing, or transforming of any solid waste at the
				solid waste facility or expansion, the owner or operator shall:
(1) provide to the department a written
				notice of construction completion with "as built" construction drawings signed
				and sealed by a registered professional engineer; and
(2) for landfills, provide the department a
				quality assurance/quality control report, certified by a registered
				professional engineer licensed in New Mexico and experienced in liner
				installation, for construction of the liner and leachate collection
				system.
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 9 - SOLID WASTE › Part 3 - SOLID WASTE FACILITY PERMITS AND REGISTRATIONS › Section 20.9.3.22 - PERMIT OR FACILITY MODIFICATION

Current through Register Vol. 35, No. 13, July 16, 2024
A. Any owner or operator of a solid waste
				facility who seeks to modify such facility or permit conditions shall obtain a
				permit modification prior to making any modifications. A permit modification
				shall not extend the initial term of any permit.
B. An application for a modification shall
				demonstrate compliance with the portions of 20.9.2 - 20.9.10 NMAC that pertain
				to such a modification.
C. The
				secretary may initiate the modification of permit conditions or require
				modification of the facility if:
(1) changes
				occur after permit issuance which justify permit conditions that are different
				from or are not included in the existing permit;
(2) the secretary has received information
				that was not in the record at the time of permit issuance and would have
				justified the application of different permit conditions at the time of
				issuance;
(3) the standards or
				regulations on which the permit was based have changed by statute, through
				promulgation of new or amended standards or regulations, or by judicial
				decision after the permit was issued;
(4) the secretary determines good cause
				exists for modification, such as an act of God, strike, flood, or materials
				shortage, or other events over which the permittee has little or no control and
				for which there is no reasonable remedy.
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 9 - SOLID WASTE › Part 3 - SOLID WASTE FACILITY PERMITS AND REGISTRATIONS › Section 20.9.3.23 - TRANSFER OF PERMITS AND CHANGE IN PERMIT APPLICANT

Current through Register Vol. 35, No. 13, July 16, 2024
A. A change in ownership of a permitted
				entity requires a permit transfer and shall be allowed according to the
				following procedure.
(1) Where a permitted
				entity undergoes a change in ownership, but the permitted entity remains the
				same, the new owner shall, within 30 days after the change submit the
				following:
(a) a description of the change in
				ownership;
(b) the date of the
				change in ownership;
(c) a
				statement that the current financial assurance will remain in effect, or a new
				proposed financial assurance to meet the requirements of 20.9.10
				NMAC;
(d) information required by
				Section
				74-9-21
				of the Solid Waste Act, and if applicable, disclosure statements shall be
				submitted for the new owner on forms provided by the department;
(e) a statement whether the new owner has
				been convicted of a felony or other crime within 10 years immediately preceding
				the date of the transfer, and if so details of the crime and
				conviction;
(f) a statement whether
				the new owner has been fined within the past 5 years for alleged violations of
				any environmental laws of this state, any other state or the United States, and
				if so, details of any allegations, settlements or compliance orders;
(g) proof of public notice of the change in
				ownership; and
(h) any other
				information required by the secretary.
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 9 - SOLID WASTE › Part 3 - SOLID WASTE FACILITY PERMITS AND REGISTRATIONS › Section 20.9.3.24 - PERMIT REVIEW

Current through Register Vol. 35, No. 13, July 16, 2024
No later than 60 days before a permit review is required by
				  Section
				  74-9-24
				  of the Solid Waste Act, the owner or operator shall submit to the department a
				  complete description of the following:
A. facility operations;
B. compliance history;
C. environmental monitoring results,
				releases, and any remediation;
D.
				changes in information from the disclosure forms;
E. any other technical requirements requested
				by the secretary;
F. financial
				assurance;
G. any behavior or
				incidents of the nature described in Subsection B of
				74-9-24
				of the Solid Waste Act; and
H.
				proof of public notice of the review provided in accordance with Section
				74-9-22
				of the Solid Waste Act and 20.9.2 - 20.9.19 NMAC.
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 9 - SOLID WASTE › Part 3 - SOLID WASTE FACILITY PERMITS AND REGISTRATIONS › Section 20.9.3.25 - PERMIT RENEWAL

Current through Register Vol. 35, No. 13, July 16, 2024
A. To
				renew a permit, the owner or operator of a solid waste facility shall file a
				permit renewal application no later than 12 months prior to the expiration date
				of the facility permit. A permit renewal application shall include a complete
				description of the following:
(1) facility
				operations;
(2) compliance
				history;
(3) environmental
				monitoring results, releases, and any remediation;
(4) changes in information from the most
				recent disclosure forms filed with the department;
(5) any other technical requirements
				requested by the secretary;
(6)
				financial assurance;
(7) any
				behavior or incidents of the nature described in Subsection B of
				74-9-24
				of the Solid Waste Act;
(8)
				compliance demonstrations under Subsection A of 20.9.4.9 NMAC; and
(9) proof of public notice of the renewal
				application provided in accordance with Section
				74-9-22
				of the Solid Waste Act.
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 9 - SOLID WASTE › Part 3 - SOLID WASTE FACILITY PERMITS AND REGISTRATIONS › Section 20.9.3.26 - PERMIT EXPIRATION; AUTOMATIC CLOSURE

Current through Register Vol. 35, No. 13, July 16, 2024
A. A permit shall automatically expire when
				the secretary verifies that the closure and any post-closure care plan,
				including corrective action, have been completed.
B. If a permitted facility begins operation,
				and thereafter suspends operation in full for at least five years,
				authorization to accept waste is suspended and closure activities shall
				begin.
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 9 - SOLID WASTE › Part 3 - SOLID WASTE FACILITY PERMITS AND REGISTRATIONS › Section 20.9.3.27 - REGISTRATION OF RECYCLING AND COMPOSTING FACILITIES THAT ACCEPT ONLY SOURCE SEPARATED RECYCLABLE OR COMPOSTABLE MATERIALS, COLLECTION CENTERS AND AIR CURTAIN INCINERATORS AND LAW ENFORCEMENT PHARMACEUTICAL INCINERATORS

Current through Register Vol. 35, No. 13, July 16, 2024
A. The owner or
				operator of the following facilities shall file an application for a
				registration at least 30 days prior to any operations and every five years
				thereafter. Existing facilities of the type listed below shall apply for a
				registration at least 30 days prior to the expiration of their existing permit
				or registration, or within two years after the effective date of these
				regulations, whichever occurs first. Facilities covered by this section that do
				not timely file a complete application for registration are hereby deemed
				unpermitted solid waste facilities, and the owner or operator may be subject to
				penalties, permit requirements and nuisance abatement orders. Facilities
				required to register are:
(1) recycling
				facilities that accept only source separated recyclable materials;
(2) composting facilities that accept only
				source separated compostable materials;
(3) collection centers;
(4) small animal crematoria;
(5) air curtain incinerators; and
(6) law enforcement pharmaceutical
				incinerators.
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 9 - SOLID WASTE › Part 3 - SOLID WASTE FACILITY PERMITS AND REGISTRATIONS › Section 20.9.3.28 - ADDITIONAL REGISTRATION REQUIREMENTS FOR COMPOSTING FACILITIES THAT ACCEPT GREATER THAN 25 TONS PER DAY COMPOSTABLE MATERIAL OR GREATER THAN 5 TONS PER DAY OF MATERIAL THAT WOULD OTHERWISE BECOME SPECIAL WASTE

Current through Register Vol. 35, No. 13, July 16, 2024
A. Any person operating or proposing to
				operate a composting facility that accepts greater than 25 tons per day annual
				average compostable material or greater than 5 tons per day annual average of
				material that would otherwise become special waste (e.g. sludge, offal,
				petroleum contaminated soils), shall submit the following information in
				addition to that contained in 20.9.3.27 NMAC:
(1) site plans and cross-sections of the
				proposed facility, drawn to scale, indicating the location of buildings, access
				roads, entrances and exits, drainage, material storage and treatment areas,
				utilities, fences and other site improvements;
(2) the composition of the waste to be
				received at the facility;
(3) the
				method to be used to convert the waste into a feedstock for the composting
				process, including material separation and recovery systems;
(4) a characterization of the feedstock used
				as the design basis of the facility which describes:
(a) composition by material type;
(b) physical and chemical properties
				including:
(i) moisture content; and
(ii) percent organic and inorganic matter;
				and
(iii) process efficiency as
				measured by conversion of volatile solids;
(5) a description of the composting process
				to be used, including:
(a) the method of
				measuring, shredding, and mixing materials;
(b) temperature monitoring equipment and the
				location of all temperature and any other type of monitoring points, and the
				frequency of monitoring;
(c) the
				method of moisture control, including moisture quantity, source, monitoring and
				frequency of monitoring;
(d) a
				description of any proposed additive material, including its quantity, quality,
				and frequency of use;
(e) special
				precautions or procedures for operation during high wind, heavy rain, snow and
				freezing conditions;
(f) estimated
				composting time duration;
(g) for
				windrow systems, the windrow construction, including width, length, and
				height;
(h) the method and
				frequency of aeration; and
(i) for
				in-vessel composting systems, a process flow diagram of the entire process,
				including all major equipment and flow streams;
(6) a general description of the ultimate use
				for the finished compost and method for removal from the site;
(7) for composting facilities accepting
				sewage sludge, a plan for compliance with 40 CFR Part 503, including, but not
				limited to, reporting, composting methods and times, and testing methods and
				frequencies; and
(8) a
				demonstration that the ground water will be protected and will comply with all
				applicable ground water protection standards, including those specified in
				20.6.2 NMAC.
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 9 - SOLID WASTE › Part 3 - SOLID WASTE FACILITY PERMITS AND REGISTRATIONS › Section 20.9.3.29 - ADDITIONAL REQUIREMENTS FOR RECYCLING FACILITIES THAT DO NOT ACCEPT SOLID WASTE

Current through Register Vol. 35, No. 13, July 16, 2024
A. A recycling
				facility that does not accept solid waste shall include, in its registration
				application filed pursuant to 20.9.3.27 NMAC, a plan for disposal of solid
				wastes that are unavoidably collected.
B. A recycling facility that does not accept
				solid waste shall keep records sufficient to demonstrate the following:
(1) that it takes reasonable measures to
				assure that it accepts only source separated recyclable materials and solid
				wastes are not accepted;
(2) that
				after an initial accumulation period, the quantity of recyclable materials that
				were recycled during each successive calendar year was at least 75 percent of
				the quantity of recyclable materials in inventory; the accumulation period is
				to be based on a three year rolling average of the facility's stock of the
				recyclable material at the end of the previous calendar year; and
(3) that the inventory of recyclable
				materials or end product does not exceed the inventory used for purposes of
				estimating the cost of abatement of a nuisance pursuant to Paragraph (2) of
				Subsection A of 20.9.10.9 NMAC.
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 9 - SOLID WASTE › Part 3 - SOLID WASTE FACILITY PERMITS AND REGISTRATIONS › Section 20.9.3.32 - COMMERCIAL HAULER REGISTRATION PROCEDURES

Current through Register Vol. 35, No. 13, July 16, 2024
A. The registration procedures in
				20.9.3.31-36 NMAC apply to commercial haulers of solid waste.
B. Upon receipt of an application for
				registration, the department shall review the application to determine if
				additional information is necessary or shall deem the application complete. If
				the department determines that additional information is necessary, it shall
				notify the applicant in writing;
C.
				Within 60 days of receipt of a request for additional information regarding any
				commercial hauler registration application, the owner or operator shall submit
				the information requested by the department, or the secretary may deny the
				registration application without prejudice.
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 9 - SOLID WASTE › Part 3 - SOLID WASTE FACILITY PERMITS AND REGISTRATIONS › Section 20.9.3.33 - COMMERCIAL HAULER REGISTRATION ISSUANCE

Current through Register Vol. 35, No. 13, July 16, 2024
A. Within 30 days after an application for a
				commercial hauler registration is deemed complete, the secretary shall issue
				the registration, issue the registration with terms and conditions, or deny the
				registration.
B. The secretary
				shall issue a registration if the owner or operator demonstrates that the
				requirements of 20.9.2 - 20.9.10 NMAC and the Solid Waste Act are met and that
				neither a hazard to public health, welfare or the environment nor undue risk to
				property will result.
C. The terms
				and conditions of a registration shall be specifically identified by the
				secretary.