reglab/statecodes huggingface dataset:
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 9 - SOLID WASTE › Part 10 - FINANCIAL ASSURANCE › Section 20.9.10.15 - SURETY BOND GUARANTEEING PAYMENT OR PERFORMANCE

Current through Register Vol. 35, No. 13, July 16, 2024
An owner or operator may demonstrate financial assurance for
				  closure, post-closure care, phase I and phase II assessments, or corrective
				  action by obtaining a surety bond guaranteeing payment into a trust fund or
				  standby trust fund established by the owner or operator. The surety bond and
				  standby trust fund shall be worded as in the forms supplied by the
				  department.
A. In the case of closure,
				post-closure care, and phase I and phase II assessments, the surety bond shall
				be effective prior to the initial receipt of waste. In the case of corrective
				action, the surety bond shall be effective no later than 120 days after the
				corrective action remedy has been approved by the secretary.
B. The owner or operator who uses a surety
				bond to satisfy its financial assurance requirements must also establish a
				trust fund or standby trust fund. Under the terms of the bond, all payments
				made thereunder must be deposited by the surety directly into the trust fund or
				standby trust fund in accordance with instructions from the secretary. A
				standby trust fund must meet all the requirements of the trust fund specified
				in 20.9.10.14 NMAC as applicable, except that, until the standby trust fund is
				funded pursuant to the requirements of this 20.9.10.14 NMAC and the surety
				agreement, annual payments into the standby trust fund are not required,
				updating of Schedule A to the trust agreement is not required, annual valuation
				as required by the trust agreement is not required, and notices of non-payment
				are not required.
C. Companies
				providing surety bonds shall be admitted carriers, licensed carriers, or
				registered carriers of surplus lines of insurance and authorized in the state
				of New Mexico to do business and be among those listed as acceptable sureties
				on federal bonds in circular 570 of the U.S. department of the
				treasury.
D. Except as provided in
				20.9.10.23 NMAC, the penal sum of the bond shall be in an amount at least equal
				to the estimated costs to perform the activities assured by the bond.
E. Under the terms of the bond, the surety
				shall become liable on the bond obligation when the secretary determines that
				the owner or operator has failed to perform as guaranteed by the
				bond.
F. Payments made under the
				terms of the bond shall be deposited by the surety directly into the trust fund
				or standby trust fund in accordance with instructions by the secretary. No
				payments shall be made from the trust fund or standby trust fund unless
				approved in writing by the secretary.
G. The bond shall remain in effect until the
				closure and post-closure care or phase I and phase II assessments or any
				corrective action for which the bond was acting as financial assurance is
				certified as complete, or until it is replaced by an alternate financial
				assurance mechanism.
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 9 - SOLID WASTE › Part 10 - FINANCIAL ASSURANCE › Section 20.9.10.17 - INSURANCE

Current through Register Vol. 35, No. 13, July 16, 2024
An owner or operator may demonstrate financial assurance for
				  closure, post-closure care, and phase I and phase II assessments by obtaining
				  insurance which conforms to the requirements of 20.9.10 NMAC. In the case of
				  closure, post-closure care, and phase I and phase II assessments, the insurance
				  shall be effective prior to the initial receipt of waste. In the case of
				  corrective action, the insurance shall be effective no later than 120 days
				  after the corrective action remedy has been approved by the secretary.
A. The insurer shall be authorized to
				transact the business of insurance in the state of New Mexico and:
(1) have assets of one hundred million
				dollars ($100,000,000) or more; or
(2) be an admitted carrier, a licensed
				carrier or a registered carrier of surplus lines of insurance or reinsurance in
				one or more states and have either a surplus of not less than twenty-five
				million dollars ($25,000,000) above undiscounted actuarial reserves (including
				incurred but not reported (IBNR) claims), or have an A.M. best rating of not
				less than a B+ or the equivalent rating of other recognized rating
				companies.
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 9 - SOLID WASTE › Part 10 - FINANCIAL ASSURANCE › Section 20.9.10.18 - RISK MANAGEMENT POOL

Current through Register Vol. 35, No. 13, July 16, 2024
An owner or operator may demonstrate financial assurance for
				  closure, post-closure care, phase I and phase II assessments, or corrective
				  action by joining a risk management pool. In the case of closure, post-closure
				  care, and phase I and phase II assessments, participation in an approved risk
				  management pool shall be effective prior to the initial receipt of waste. In
				  the case of corrective action, participation shall be effective no later than
				  120 days after the corrective action remedy has been approved by the
				  secretary.
A. A risk management pool
				shall not be an allowed mechanism unless the pool is approved by the secretary.
				Approved pools shall incorporate any mechanisms or combination of mechanisms in
				20.9.10.13 - 20.9.10.23 NMAC and have the following characteristics:
(1) be evidenced by a written contractual
				agreement among participating private entities or a joint powers agreement
				among participating governmental entities;
(2) would not be in violation of the
				anti-donation clause of the New Mexico State Constitution if funds were
				used;
(3) is liquid in nature,
				allowing for prompt initiation and payment of closure, post-closure care, phase
				I and phase II assessments, or corrective action activities;
(4) has a defined annual contribution table
				that provides for timely periodic payments from the risk sharers;
(5) provides for guaranteed and timely
				supplemental funding in the event of an incident that depletes the assets of
				the pool;
(6) has incorporated in
				its framework a trust fund or standby trust fund that conforms with 20.9.10.14
				NMAC.
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 9 - SOLID WASTE › Part 10 - FINANCIAL ASSURANCE › Section 20.9.10.19 - LOCAL GOVERNMENT FINANCIAL TEST

Current through Register Vol. 35, No. 13, July 16, 2024
A local government that satisfies the requirements of
				  Subsections A through E of this section may demonstrate financial assurance
				  pursuant to Subsection A of
				  20.9.10.13
				  NMAC up to the amount specified in Subsection F of this section for closure,
				  post-closure care, phase I and phase II assessments, and corrective
				  action.
A. Financial component. The
				local government shall satisfy one of the following:
(1) if the local government has outstanding
				general obligations bonds, it must have a current rating of Aaa, Aa, A, or Baa,
				as issued by Moody's, or AAA, AA, A, or BBB, as issued by Standard and Poor's
				on all outstanding general obligation bonds; or,
(2) if the local government does not have
				outstanding general obligation bonds, it must satisfy each of the following
				financial ratios based on the local government's most recent audited annual
				financial statement: a ratio of cash plus marketable securities to total
				expenditures greater than or equal to 0.05; and a ratio of annual debt service
				to total expenditures less than or equal to 0.20.
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 9 - SOLID WASTE › Part 10 - FINANCIAL ASSURANCE › Section 20.9.10.20 - LOCAL GOVERNMENT RESERVE FUND

Current through Register Vol. 35, No. 13, July 16, 2024
A local government may demonstrate financial assurance for
				  closure, post-closure care, phase I and phase II assessments, and corrective
				  action by establishing a reserve fund within its existing financial accounting
				  system.
A. The reserve fund shall be
				created by resolution of the governing body specifying the use of funds only
				for purposes of closure, post-closure care, phase I and phase II assessments,
				or corrective action for the facility. The reserve fund shall specify that the
				funds shall be used for closure, post-closure care, phase I and phase II
				assessments and corrective action costs in compliance with 20.9.2 - 20.9.10
				NMAC and orders issued pursuant to such rules by the secretary. In the case of
				closure, post-closure care, and phase I and phase II assessments for new
				facilities, the resolution shall be effective prior to the initial receipt of
				waste. In the case of corrective action, the resolution shall be effective not
				later than 120 days after the corrective action remedy has been approved by the
				secretary. The resolution shall specify withdrawals from the fund will shall
				only occur with approval by the secretary. Funding of the reserve fund shall be
				in conformance with the formulas specified for trust funds in 20.9.10.14 NMAC.
				The reserve fund shall be audited annually by the state auditor under the
				Single Audit Act.
B. The local
				government shall file a copy of the resolution with the department. The local
				government shall file audit reports of the reserve fund annually with the
				department.
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 9 - SOLID WASTE › Part 10 - FINANCIAL ASSURANCE › Section 20.9.10.21 - LOCAL GOVERNMENT GUARANTEE

Current through Register Vol. 35, No. 13, July 16, 2024
A. An owner or operator may demonstrate
				financial assurance for closure, post-closure, phase I and phase II assessment,
				and corrective action, as required by 20.9.10.9 - 20.9.10.12 NMAC by obtaining
				a written guarantee provided by a local government. The guarantor must meet the
				requirements of the local government financial test in 20.9.10.19 NMAC, and
				must comply with the terms of a written guarantee.
B. Terms of the written guarantee. The
				guarantee must be effective prior to the initial receipt of waste, or in the
				case of existing facilities, prior to the effective date of this part. In the
				case of closure, post-closure care, or phase I and phase II assessments, or no
				later than 120 days after the corrective action remedy has been selected in
				accordance with the requirements of 20.9.9 NMAC, the permit issuance, or the
				secretary's decision. The guarantee must provide that if the owner or operator
				fails to perform closure, post-closure care, phase I and phase II assessments,
				or corrective action of a facility covered by the guarantee, the guarantor will
				perform, or pay a third party to perform, closure, post-closure care, and
				corrective action as required; or establish a fully funded trust fund as
				specified in 20.9.10.14 NMAC in the name of the owner or operator.
(1) The guarantee shall remain in force
				unless the guarantor sends notice of cancellation by certified mail to the
				owner or operator and to the secretary. Cancellation shall not occur, however,
				during the 120 days beginning on the date of receipt of the notice of
				cancellation by both the owner or operator and the secretary, as evidenced by
				the return receipts.
(2) If a
				guarantee is canceled, the owner or operator must within 90 days following
				receipt of the cancellation notice by the owner or operator and the secretary,
				obtain alternate financial assurance, place evidence of that alternate
				financial assurance in the facility operating record, and notify the secretary.
				If the owner or operator fails to provide alternate financial assurance within
				the 90-day period, the guarantor must provide that alternate assurance within
				120 days following the close of the guarantor's fiscal year, obtain alternative
				assurance, place evidence of the alternate assurance in the facility operating
				record and notify the secretary.
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 9 - SOLID WASTE › Part 10 - FINANCIAL ASSURANCE › Section 20.9.10.22 - CORPORATE FINANCIAL TEST

Current through Register Vol. 35, No. 13, July 16, 2024
A private entity that satisfies the financial test
				  requirements of this section may provide a corporate guarantee for financial
				  assurance up to the amounts specified in this section for closure, post-closure
				  care, phase I and phase II assessments, and corrective action.
A. Financial component.
(1) The owner or operator shall satisfy at
				least one of the following three conditions:
(a) a current rating for its senior
				unsubordinated debt of AAA, AA, A, or BBB as issued by Standard and Poor's or
				Aaa, Aa, A or Baa as issued by Moody's;
(b) a ratio of less than 1.5 comparing total
				liabilities to net worth; or
(c) a
				ratio of greater than 0.10 comparing the sum of net income plus depreciation,
				depletion and amortization, minus $10 million, to total liabilities.
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 9 - SOLID WASTE › Part 10 - FINANCIAL ASSURANCE › Section 20.9.10.23 - MULTIPLE FINANCIAL MECHANISMS

Current through Register Vol. 35, No. 13, July 16, 2024
An owner or operator may satisfy financial assurance
				  requirements by establishing more than one financial mechanism per facility.
				  The mechanisms shall be as specified in Subsection A of
				  20.9.10.13
				  NMAC, except that it is the combination of mechanisms, rather than the single
				  mechanism, which must provide financial assurance for an amount at least equal
				  to the current cost estimate approved by the secretary for closure,
				  post-closure care, the phase I and phase II assessments, or corrective action,
				  as applicable. The language of the mechanism listed in
				  20.9.10.13
				  NMAC through 20.9.10.23 NMAC must ensure that the instruments satisfy the
				  following criteria:
A. the financial
				assurance mechanisms must ensure that amount of funds assured is sufficient to
				cover the cost of closure, post-closure care, phase I and phase II assessments,
				or corrective action for known releases when needed, as applicable;
B. the financial assurance mechanisms must
				ensure that funds will be available in a timely fashion when needed;
C. the financial assurance mechanisms must be
				obtained by the owner or operator by the effective date of these requirements
				or prior to the initial receipt of solid waste, whichever is later, in the case
				of closer and post-closure care, and no later than 120 days after the
				corrective action remedy has been selected in accordance with the requirements
				of 20.9.9.17 NMAC, until the owner of operation is released from the financial
				assurance requirements under 20.9.10.9.9 - 20.9.10.12 NMAC;
D. the financial assurance mechanisms must be
				legally valid, binding, and enforceable under state and federal law.
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 9 - SOLID WASTE › Part 20 - RECYCLING, ILLEGAL DUMPING AND SCRAP TIRE MANAGEMENT › Section 20.9.20.2 - SCOPE

Current through Register Vol. 35, No. 13, July 16, 2024
This part applies to the transporting, processing, storage,
				  recycling, use, abatement, and generation of scrap tires. It establishes
				  eligibility criteria for the Recycling and Illegal Dumping Fund. With the
				  exception of
				  20.9.20.45
				  NMAC,
				  20.9.20.50
				  NMAC,
				  20.9.20.55
				  NMAC,
				  20.9.20.60
				  NMAC, and
				  20.9.20.63 NMAC,
				  this part does not apply to permitted or registered solid waste facilities,
				  registered recycling facilities, composting facilities or collection centers. A
				  registered recycling facility, composting facility or collection center that
				  stores 20,000 or more scrap tires or processes 200,000 or more scrap tires per
				  year shall also comply with the requirements of 20.9.20.57 -
				  20.9.20.59
				  NMAC.
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 9 - SOLID WASTE › Part 20 - RECYCLING, ILLEGAL DUMPING AND SCRAP TIRE MANAGEMENT › Section 20.9.20.3 - STATUTORY AUTHORITY

Current through Register Vol. 35, No. 13, July 16, 2024
This part is adopted under the authority of the Recycling and
				  Illegal Dumping Act, Sections
				  74-13-1 et
				  seq. NMSA 1978 and the Solid Waste Act, Sections
				  74-9-1 et
				  seq. NMSA 1978.
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 9 - SOLID WASTE › Part 20 - RECYCLING, ILLEGAL DUMPING AND SCRAP TIRE MANAGEMENT › Section 20.9.20.5 - 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 20 - RECYCLING, ILLEGAL DUMPING AND SCRAP TIRE MANAGEMENT › Section 20.9.20.6 - OBJECTIVE

Current through Register Vol. 35, No. 13, July 16, 2024
The objective of the Recycling, Illegal Dumping, and Scrap
				  Tire Management rule is to implement the provisions of the act with the
				  purposes stated in Section
				  74-13-2 NMSA
				  1978.
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 9 - SOLID WASTE › Part 20 - RECYCLING, ILLEGAL DUMPING AND SCRAP TIRE MANAGEMENT › Section 20.9.20.8 - PROHIBITED ACTS

Current through Register Vol. 35, No. 13, July 16, 2024
A. A person
				shall not store or use in a civil engineering application, except for
				beneficial agricultural use, more than one hundred scrap tires anywhere in this
				state, unless the person has a valid permit or registration from the
				department, or is excluded from the definition of a tire recycling facility
				pursuant to Subsection NN of 20.9.20.7 NMAC.
B. A person shall not operate or maintain a
				tire recycling facility unless the facility has a valid permit issued pursuant
				to the provisions of the Recycling and Illegal Dumping Act or is a facility
				where tires are stored and used for beneficial agricultural uses and complies
				with rules enacted pursuant to the Recycling and Illegal Dumping Act.
C. A person shall not transport scrap tires
				for hire to a place other than a permitted tire recycling facility or permitted
				civil engineering application unless the place is specifically excluded from
				the definition of a "tire recycling facility".
D. A person shall not transport scrap tires
				for hire either for disposal or recycling purposes without being registered as
				a scrap tire hauler by the department pursuant to rules adopted in accordance
				with the Recycling and Illegal Dumping Act.
E. A scrap tire generator shall not release
				scrap tires to a person other than a registered scrap tire hauler pursuant to
				the Recycling and Illegal Dumping Act, a registered commercial waste hauler
				pursuant to the Solid Waste Act, or a self-hauling agricultural
				operation.
F. A person shall not
				engage in the open burning of scrap tires.
G. A person shall not store or dispose of
				scrap tires or tire-derived products in a manner that creates a public
				nuisance, promotes the breeding or harboring of disease vectors or creates a
				potential for fire or other health or environmental hazards.
H. A generator, scrap tire hauler or
				registered solid waste hauler shall not transport scrap tires without
				possessing a New Mexico scrap tire manifest approved by the department, except
				as otherwise provided in this part.
I. A person shall not engage in, maintain or
				allow illegal dumping.
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 9 - SOLID WASTE › Part 20 - RECYCLING, ILLEGAL DUMPING AND SCRAP TIRE MANAGEMENT › Section 20.9.20.9 - TIRE RECYCLING 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 tire recycling facility, civil engineering application, scrap tire
				  generator, or scrap tire hauler as provided in Section
				  74-13-5
				  NMSA 1978. The secretary, authorized representative, employee, agent or other
				  law enforcement officer shall present proper identification prior to
				  inspection.
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 9 - SOLID WASTE › Part 20 - RECYCLING, ILLEGAL DUMPING AND SCRAP TIRE MANAGEMENT › Section 20.9.20.10 - PERMITS FOR SCRAP TIRE STORAGE, RECYCLING FACILITIES, AND CIVIL ENGINEERING APPLICATIONS AND REGISTRATIONS FOR SCRAP TIRE HAULERS

Current through Register Vol. 35, No. 13, July 16, 2024
A. Any person seeking to store more than 100
				scrap tires or seeking to construct, operate, or modify a tire recycling
				facility or civil engineering application that uses more than 100 scrap tires
				shall first obtain a permit.
B. Any
				permit or registration for a civil engineering application granted prior to the
				effective date of these regulations shall remain in effect.
C. Permits are not required for a hauler's
				temporary storage facility that is used by a registered scrap tire hauler or a
				registered commercial hauler to separate scrap tires from reusable tires. Such
				facilities shall be included in the application for registration of the
				commercial hauler under Subsection A of 20.9.3.31 NMAC or registration of the
				scrap tire hauler under Subsection I of 20.9.20.26 NMAC.
D. A tire recycling facility or civil
				engineering application at a permitted or registered solid waste facility is
				not required to obtain a tire recycling or civil engineering application
				permit.
E. The department shall
				maintain a list of permitted and registered solid waste facilities and
				permitted tire recycling facilities and civil engineering applications on its
				solid waste bureau website.
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 9 - SOLID WASTE › Part 20 - RECYCLING, ILLEGAL DUMPING AND SCRAP TIRE MANAGEMENT › Section 20.9.20.11 - APPLICATION REQUIREMENTS FOR TIRE RECYCLING FACILITY OR STORAGE PERMITS

Current through Register Vol. 35, No. 13, July 16, 2024
Any person seeking a tire recycling facility permit or
				  storage permit to process or temporarily store scrap tires, including tire
				  bales, shall file an application, which shall contain the following
				  information.
A. A site layout plan of
				the proposed facility drawn to scale that is in compliance with the
				requirements of 20.9.20.36 NMAC and 20.9.20.37 NMAC. The map shall include at
				least the following information:
(1)
				site/facility name;
(2) labels of
				all features shown on the map;
(3)
				north arrow;
(4) map
				scale;
(5) all structures and
				buildings that are or will be constructed at the facility including those used
				in collection, storage or processing operations;
(6) location of equipment;
(7) property boundaries;
(8) water sources, arroyos, wetlands, ditches
				and other topographic features;
(9)
				wells;
(10) fences;
(11) easements, and power lines;
(12) all access routes and internal roads
				used for residential, commercial and emergency use;
(13) loading and unloading areas;
(14) the location of the areas used for
				collection of scrap tires, processing of scrap tires, used tires, tire derived
				products, and residuals from processing; and
(15) the location and width of fire
				lanes.
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 9 - SOLID WASTE › Part 20 - RECYCLING, ILLEGAL DUMPING AND SCRAP TIRE MANAGEMENT › Section 20.9.20.12 - ADDITIONAL PERMIT APPLICATION REQUIREMENTS FOR FACILITIES THAT STORE 20,000 OR MORE SCRAP TIRES AT ANY ONE TIME OR PROCESS 200,000SCRAP TIRES OR MORE PER YEAR

Current through Register Vol. 35, No. 13, July 16, 2024
Any person seeking a permit for a facility that stores 20,000
				  or more scrap tires at any one time or processes 200,000 or more scrap tires
				  per year shall submit the following information in addition to all information
				  required in
				  20.9.20.11
				  NMAC:
A. an operation and maintenance
				manual that addresses all of the operating requirements; and
B. proposed financial assurance to meet the
				requirements of 20.9.20.57-20.9.20.59 NMAC.
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 9 - SOLID WASTE › Part 20 - RECYCLING, ILLEGAL DUMPING AND SCRAP TIRE MANAGEMENT › Section 20.9.20.13 - APPLICATION REQUIREMENTS FOR CIVIL ENGINEERING APPLICATION PERMITS

Current through Register Vol. 35, No. 13, July 16, 2024
A. Any person
				seeking a permit for a civil engineering application that uses 101 to 999 scrap
				tires and is two (2) bales high or less, other than a commercial feed operation
				that uses scrap tires as tarp weights, shall comply with the requirements of
				20.9.20.36 NMAC and 20.9.20.37 NMAC and file an application which includes the
				following information. If the civil engineering application applicant has
				obtained an approval form the U.S. army corps of engineers or construction
				industries division for the siting or design of the civil engineering
				application, then it may file only the information in paragraphs (1), (2), (4),
				(6), (7), (8) and (9) of this subsection.
(1)
				The name, mailing address, telephone number, and e-mail address, if available,
				of the applicant, property owner, and builder of the civil engineering
				application.
(2) The location of
				the of the civil engineering application, including its physical address if
				available.
(3) A copy of the deed
				or other legal description of the property on which the proposed civil
				engineering application will be constructed.
(4) If different from the civil engineering
				application site, the location, including the physical address, if available,
				and the name, mailing address, telephone number, and the e-mail address, if
				available, of the property owner of the temporary storage site where scrap
				tires will be stored temporarily before and during construction.
(5) A detailed narrative describing the
				proposed civil engineering application, unless the civil engineering
				application has a set of plans signed and stamped by a registered professional
				engineer.
(6) If the civil
				engineering application is to be in a floodplain, a waterway, or a wetland,
				written authorization of the project by the U.S. army corps of engineers or
				other appropriate authorities.
(7)
				The anticipated date when scrap tires will be brought to the civil engineering
				application site or temporary storage site.
(8) The origins, if known, of the scrap tires
				to be used for the civil engineering application.
(9) The proposed dates of completion of the
				civil engineering application and removal of scrap tires kept in temporary
				storage.
(10) The method to be used
				to anchor scrap tires, if applicable.
(11) The method to be used to cover scrap
				tires, if applicable.
(12) The
				method to be used to fill scrap tires; if applicable.
(13) Any other information deemed applicable
				and requested by the department.
(14) An affidavit certifying that the
				proposed site complies with the applicable regulations of all local governing
				bodies having jurisdiction over the proposed facility, including planning,
				zoning, building, code enforcement and drainage departments.
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 9 - SOLID WASTE › Part 20 - RECYCLING, ILLEGAL DUMPING AND SCRAP TIRE MANAGEMENT › Section 20.9.20.14 - ADDITIONAL PERMIT APPLICATION REQUIREMENTS FOR CIVIL ENGINEERING APPLICATION THAT USES 1000 TO 99,999SCRAP TIRES AND IS NO MORE THAN TWO BALES HIGH

Current through Register Vol. 35, No. 13, July 16, 2024
Any person seeking a permit for a civil engineering
				  application that uses 1000 to 99,999 scrap tires and is no more than 2 bales
				  high shall submit an application which includes the following information in
				  addition to that required under
				  20.9.20.13
				  NMAC. If the civil engineering application applicant has obtained an approval
				  form the army corps of engineers or construction industries division for the
				  siting or design of the civil engineering application, then it may file only
				  the information required in
				  20.9.20.13
				  NMAC.
A. A site layout plan of the
				proposed civil engineering application that is in compliance with the
				requirements of 20.9.20.37 NMAC, drawn to scale. The plan shall include at
				least the following information:
(1) labels
				of all features shown on the map;
(2) map scale;
(3) north arrow;
(4) the proposed civil engineering
				application;
(5) all structures and
				buildings at the civil engineering application site if within 100 feet of the
				civil engineering application;
(6)
				temporary storage areas for other material, equipment, and residuals from
				processing;
(7) loading and
				unloading areas for scap tires and other material to be used for the civil
				engineering project;
(8) location
				of all storage areas for scrap tire, tire derived products, used tires and fire
				lanes;
(9) property
				boundaries;
(10) water sources,
				arroyos, wetlands, ditches and other topographic features;
(11) wells;
(12) fences;
(13) easements, and power lines;
				and
(14) all access routes and
				internal roads used for residential, commercial and emergency use.
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 9 - SOLID WASTE › Part 20 - RECYCLING, ILLEGAL DUMPING AND SCRAP TIRE MANAGEMENT › Section 20.9.20.15 - PERMIT APPLICATION REQUIREMENTS FOR CIVIL ENGINEERING APPLICATION THAT USES 100,000 SCRAP TIRES OR MORE OR IS MORE THAN TWO SCRAP TIRE BALES HIGH

Current through Register Vol. 35, No. 13, July 16, 2024
Any person seeking a permit for a civil engineering
				  application that uses 100,000 scrap tires or more or is more than two scrap
				  tire bales high shall submit the following information in addition to that
				  required under
				  20.9.20.14
				  NMAC:
A. facility plans, elevations,
				drawings and cross sections of the proposed civil engineering application
				signed and sealed by a professional engineer registered in New Mexico;
				and
B. if the scrap tires to be
				used for the proposed civil engineering application will be kept in temporary
				storage before and during construction on property that is different from the
				proposed civil engineering application, demonstration that the temporary
				storage facility is in compliance with 20.9.20.37 NMAC.
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 9 - SOLID WASTE › Part 20 - RECYCLING, ILLEGAL DUMPING AND SCRAP TIRE MANAGEMENT › Section 20.9.20.16 - PERMIT APPLICATION REQUIREMENTS FOR CIVIL ENGINEERING APPLICATIONS USING SCRAP TIRES FOR LAND RECLAMATION

Current through Register Vol. 35, No. 13, July 16, 2024
Any person seeking a permit for a civil engineering
				  application using scrap tires for land reclamation shall file an application
				  which shall include:
A. the name,
				mailing address, telephone number and e-mail address, if available, of the
				proposed land reclamation site, the applicant, and the land reclamation site's
				property owner;
B. the physical
				address of the proposed land reclamation site, if available;
C. a copy of the deed or other legal
				description of the property on which the proposed land reclamation site will be
				constructed;
D. the anticipated
				start up date when tires will be brought to the site;
E. the anticipated completion date;
F. the origins, if known, of the scrap tires
				to be used for land reclamation;
G.
				a description of other fill materials and their application;
H. a description of compaction
				methods;
I. the method of placement
				and commingling of scrap tires below ground mixed in a proportion no greater
				than 33% scrap tires by volume with soil suitable as fill material;
J. the approximate volume, dimensions and
				depth of the depression to be filled;
K. the approximate number of scrap tires
				proposed to be placed in the site;
L. ground storage area that is in compliance
				with the requirements of 20.9.20.37 NMAC;
M. a description of the final
				cover;
N. an emergency contingency
				plan that meets the requirements of 20.9.20.47 NMAC;
O. a letter from the local county official or
				municipal authority in which the site is or will be located that the applicant
				has provided notice of the proposed civil engineering application to the county
				or municipality;
P. a sworn
				notarized affidavit signed by the property owner certifying that the excavated
				area, hole or disturbed land area existed before the project and was not
				excavated for the burying of scrap tires; and
Q. all applications shall be signed by the
				applicant, with a statement certifying that all information in the application
				is true and correct.
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 9 - SOLID WASTE › Part 20 - RECYCLING, ILLEGAL DUMPING AND SCRAP TIRE MANAGEMENT › Section 20.9.20.17 - ADDITIONAL PERMIT APPLICATION REQUIREMENTS FOR CIVIL ENGINEERING APPLICATIONS THAT PLAN TO USE 100,000 OR MORE SCRAP TIRES PER YEAR FOR LAND RECLAMATION

Current through Register Vol. 35, No. 13, July 16, 2024
Any person seeking a permit for a civil engineering
				  application that plans to use more than 100,000 scrap tires per year for land
				  reclamation shall submit the following information in addition to that required
				  under
				  20.9.20.16
				  NMAC.
A. Site layout plan of the land
				reclamation site and any above ground storage areas signed and sealed by a
				professional engineer registered in New Mexico. The site layout plan shall
				include at least the following if applicable:
(1) location of temporary storage areas of
				scrap tires and tire derived products;
(2) location of fire lanes and fire control
				facilities;
(3) security fencing,
				gates and gatehouse, site entrance and access roads and fire lanes in
				accordance with 20.9.20.37 NMAC;
(4) locations of buildings; and
(5) locations and descriptions of processing
				equipment.
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 9 - SOLID WASTE › Part 20 - RECYCLING, ILLEGAL DUMPING AND SCRAP TIRE MANAGEMENT › Section 20.9.20.18 - PERMIT APPLICATION REVIEW

Current through Register Vol. 35, No. 13, July 16, 2024
A.
				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 complete. If the department determines that
				additional information is necessary, it shall notify the applicant in
				writing.
B. The applicant shall
				submit any information requested within 60 days of receipt of a request for
				additional information, or the application shall be denied without prejudice.
				The department may extend the response time for good cause. When submitting the
				information, the applicant shall submit three copies. If the permit application
				is not complete after two requests for additional information, the secretary
				may deny the permit application without prejudice.
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 9 - SOLID WASTE › Part 20 - RECYCLING, ILLEGAL DUMPING AND SCRAP TIRE MANAGEMENT › Section 20.9.20.19 - PUBLIC NOTICES, HEARINGS AND MEETINGS

Current through Register Vol. 35, No. 13, July 16, 2024
A. Within thirty (30) days after an
				application for a facility that proposes to store 20,000 or more scrap tires at
				any one time or process 200,000 or more scrap tires per year or a land
				reclamation project that proposes to use 100,000 or more scrap tires per year
				is deemed complete, the applicant shall provide public notice. The notice shall
				be published once in a newspaper of general circulation in the county where the
				facility is proposed to be constructed, operated or closed. This notice shall
				appear in either the classified or legal advertisements section of the
				newspaper and at one other place in the newspaper expected to give the general
				public effective notice. A notice shall also be posted on the property boundary
				where the entrance to the facility will be. The posted notice shall be at least
				1 1/2 feet by 2 1/2 feet in size with clear, legible letters. The notice shall
				be printed in both English and Spanish or other predominant language of the
				area. The notice shall include the following:
(1) name, address, and telephone number of
				the applicant and contact person;
(2) the anticipated start-up date of the
				facility or modification, and planned hours of operation;
(3) a description of the facility, including
				the general process, location, size, quantity, rate, and type of tires to be
				handled and a description of any proposed modification; and
(4) a statement that written comments
				regarding the application should be provided to the department and stating the
				date by which comments must be submitted.
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 9 - SOLID WASTE › Part 20 - RECYCLING, ILLEGAL DUMPING AND SCRAP TIRE MANAGEMENT › Section 20.9.20.20 - PERMIT ISSUANCE

Current through Register Vol. 35, No. 13, July 16, 2024
A. The
				secretary shall issue the permit, issue the permit with terms and conditions,
				or deny the permit within 60 days after the application is deemed complete or
				if a public hearing is held, within 120 days following the public
				hearing.
B. The secretary shall
				issue a permit if the applicant demonstrates that the requirements of this part
				and the 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 the permit or
				permit modification shall be the approved representations made by the permit
				applicant in the application, together with any terms and conditions
				specifically identified by the secretary.
D. At the time of permit issuance, the tire
				recycling facility or civil engineering application will be assigned a permit
				number.
E. A permit issued for a
				new or existing tire recycling facility shall be for the active life of the
				facility as described in the approved permit, or for twenty years, whichever is
				less.
F. A permit issued for a
				civil engineering application shall terminate upon completion of the civil
				engineering application or within five years of issuance of the permit,
				whichever is less.
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 9 - SOLID WASTE › Part 20 - RECYCLING, ILLEGAL DUMPING AND SCRAP TIRE MANAGEMENT › Section 20.9.20.21 - PERMIT DENIAL, SUSPENSION OR REVOCATION

Current through Register Vol. 35, No. 13, July 16, 2024
A. In addition to the causes for suspension
				or revocation listed in Subsection B of
				74-13-13
				NMSA 1978, the secretary may deny, suspend or revoke a permit during its term
				for:
(1) violation by the owner or operator
				of any term or condition of the permit, any requirement of the act, these rules
				or any subsequent rule adopted by the department;
(2) failure of the applicant in the
				application or during the permit issuance process to disclose fully all
				relevant facts;
(3)
				misrepresentation by the owner or operator of any relevant 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 this part;
(6) a history of non-compliance by the owner
				or operator with environmental regulations, rules or statutes at another
				facility;
(7) having any permit
				revoked or permanently suspended for cause under the environmental laws of any
				state or the United States;
(8)
				modifying a facility without the approval of the secretary; or
(9) failure to respond to a request for
				additional information within sixty (60) days of notification.
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 9 - SOLID WASTE › Part 20 - RECYCLING, ILLEGAL DUMPING AND SCRAP TIRE MANAGEMENT › Section 20.9.20.22 - EFFECT OF PERMIT OR REGISTRATION

Current through Register Vol. 35, No. 13, July 16, 2024
A. Any terms or conditions of the permit or
				registration shall be enforceable to the same extent as a regulation of the
				board.
B. The existence of a permit
				or registration issued under this part shall not constitute a defense to a
				violation of this part or the act.
C. The issuance of a permit does not convey
				any property rights of any sort, or any exclusive privilege.
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 9 - SOLID WASTE › Part 20 - RECYCLING, ILLEGAL DUMPING AND SCRAP TIRE MANAGEMENT › Section 20.9.20.23 - PERMIT MODIFICATION

Current through Register Vol. 35, No. 13, July 16, 2024
A. Any
				owner or operator of a tire recycling facility, storage facility or civil
				engineering application 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 term of any permit.
B. An application for a modification shall
				demonstrate compliance with the portions of this part 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; or
(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 20 - RECYCLING, ILLEGAL DUMPING AND SCRAP TIRE MANAGEMENT › Section 20.9.20.24 - 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 permittee
				requires a permit transfer and shall be allowed according to the following
				procedure.
(1) Where the entity owning the
				permit undergoes an ownership change, but the permitted entity remains the
				same, the new owner shall, within thirty days of the change, submit the
				following:
(a) a description of the change in
				ownership;
(b) the date of the
				change in ownership;
(c) if the
				change in ownership is for a facility that stores 20,000 or more scrap tires at
				any one time or processes 200,000 or more scrap tires per year or a land
				reclamation project that uses 100,000 or more scrap tires per year, a statement
				that the current financial assurance will remain in effect, or a new proposed
				financial assurance to meet the requirements of 20.9.20.57 - 20.9.20.59 NMAC
				has been obtained;
(d) a statement
				whether the new owner has been convicted of a felony or other crime within ten
				years immediately preceding the date of the transfer, and if so details of the
				crime and conviction;
(e) a
				statement whether the new owner has been fined within the past five 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; and
(f) any
				other information required by the department.
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 9 - SOLID WASTE › Part 20 - RECYCLING, ILLEGAL DUMPING AND SCRAP TIRE MANAGEMENT › Section 20.9.20.25 - PERMIT EXPIRATION

Current through Register Vol. 35, No. 13, July 16, 2024
A. A
				permit issued for a new or existing tire recycling facility shall expire twenty
				years after issuance.
B. A permit
				issued for a civil engineering applications shall expire when the project has
				been completed and the final report in compliance with 20.9.20.53 NMAC has been
				submitted and approved in writing.
C. A permit shall automatically expire when
				the department verifies that the closure and any post-closure care plan,
				including corrective action, have been completed.
D. If a permitted facility begins operation,
				and thereafter does not operate for at least one year, authorization to accept
				scrap tires is suspended and closure activities shall begin
				immediately.
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 9 - SOLID WASTE › Part 20 - RECYCLING, ILLEGAL DUMPING AND SCRAP TIRE MANAGEMENT › Section 20.9.20.28 - SCRAP TIRE HAULER REGISTRATION PROCEDURES

Current through Register Vol. 35, No. 13, July 16, 2024
A. The registration procedures in 20.9.20.26
				- 20.9.20.32 NMAC apply to scrap tire haulers.
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. The
				department shall issue a notice of administrative completeness or a notice that
				additional information is necessary within 60 days after receipt of the
				application. The secretary may extend the time for good cause.
C. Within 60 days of receipt of a request for
				additional information regarding any scrap tire 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 20 - RECYCLING, ILLEGAL DUMPING AND SCRAP TIRE MANAGEMENT › Section 20.9.20.29 - SCRAP TIRE HAULER REGISTRATION DENIAL, REVOCATION, OR SUSPENSION

Current through Register Vol. 35, No. 13, July 16, 2024
A. The secretary
				may deny, revoke, or suspend a scrap tire hauler registration on the basis of
				information in the application or evidence in the administrative record, or
				other information that comes to the secretary's attention at any
				time.
B. Causes for denying,
				revoking, or suspending a registration include a finding that the applicant or
				owner or operator has:
(1) knowingly
				misrepresented a material fact in the application;
(2) refused to disclose or failed to disclose
				the information required under the provisions of this part or the
				act;
(3) exhibited a history of
				willful disregard for the environmental laws of any state or the United
				States;
(4) had any permit revoked
				or permanently suspended for cause under the environmental laws of any state or
				the United States;
(5) violated a
				term or condition of the registration, any requirement of this part, or any
				requirement of the act or otherwise endangered public health or
				welfare;
(6) knowingly
				misrepresented a material fact at any time after issuance of the
				registration;
(7) failed to
				maintain a valid warrant pursuant to 18.3.2 NMAC; or
(8) failed to comply with the Parental
				Responsibility Act, Sections
				40-5A-1 et
				seq. NMSA 1978 (1998 Cum. Supp.).