New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 9 - SOLID WASTE › Part 2 - SOLID WASTE MANAGEMENT GENERAL REQUIREMENTS › Section 20.9.2.10 - PROHIBITED ACTS

Current through Register Vol. 35, No. 13, July 16, 2024
A. In addition
				to the prohibited acts identified in Section 74-9-31(A) and Section 74-13-4(J),
				and subject to the exemptions in Section 74-9-31(B) of the Solid Waste Act, no
				person shall:
(1) store, process, or dispose
				of solid waste except by means approved by the secretary and in accordance with
				board rules;
(2) dispose of any
				solid waste in this state in a manner that the person knows or should know will
				harm the environment or endangers the public health, welfare or
				safety;
(3) dispose of any solid
				waste in a place other than a solid waste facility that meets the requirements
				of 20.9.2 - 20.9.10 NMAC;
(4)
				dispose of any solid waste, including special waste, in a solid waste facility
				when that facility's permit does not authorize the disposal of the particular
				type of solid waste in that facility;
(5) construct, operate, modify or close a
				solid waste facility unless the facility has approval under 20.9.2 - 20.9.10
				NMAC from the department for the described action;
(6) modify permit conditions or modify a
				solid waste facility unless the facility has applied for and received
				permission from the secretary for the modification pursuant to 20.1.4 NMAC
				Permit Procedures - Environment Department;
(7) dispose of petroleum waste, sludge which
				that does not meet the analytical criteria of 20.9.8.16 NMAC, septage, domestic
				sewage, or treated domestic sewage at any solid waste facility;
(8) dispose of hazardous wastes which are
				subject to regulation under Subtitle C of the Resource Conservation and
				Recovery Act,
				42 USC
				6901 et seq, at any solid waste facility,
				unless the facility is permitted for the disposal of hazardous
				wastes;
(9) dispose of liquid waste
				at any landfill unless:
(a) the liquid waste
				is household waste other than septic waste and is in a small container similar
				in size to that normally found in household waste and the container is designed
				to hold liquids for use other than storage;
(b) the liquid waste is leachate or landfill
				gas condensate generated on-site which is recirculated in accordance with
				applicable laws and rules; or
(c)
				the liquid waste is managed in accordance with an approval issued by the
				secretary;
(d) the use of
				uncontaminated water for dust control or to improve vegetation on a final or
				intermediate cover is not considered disposal;
(10) process, recycle, transfer, transform,
				or dispose of radioactive waste in a solid waste facility;
(11) dispose of lead-acid batteries at any
				landfill or incinerator;
(12)
				dispose of any infectious waste in a landfill;
(13) dispose of any material regulated under
				the federal Toxic Substances Control Act,
				15 U.S.C. Sections
				2601 -
				2692,
				except in a solid waste facility, registered facility or operation authorized
				to accept such waste;
(14) allow
				open burning at a solid waste facility;
(15) excavate or trench a closed cell or
				solid waste disposal area without written approval by the department and a
				determination whether an excavation plan will be required, unless in response
				to an emergency situation; excavation and trenching do not include excavations
				or trenches of less than 120 cubic yards or exploratory borings for the purpose
				of waste characterization, site investigation or mapping, nor does it include
				removal of waste for routine maintenance on gas collection and control and
				venting systems;
(16) violate a
				term or condition of a closure and post-closure care plan, a registration, or
				conditions contained in an approval of the department under 20.9.2.17
				NMAC;
(17) allow liquid extraction
				from sludge at a solid waste facility unless authorized by permit; or
(18) process, transfer, store, dispose, or
				allow the disposal of special waste at a collection center;
(19) dispose at a solid waste facility any
				type of non-hazardous material that is excluded from the definition of solid
				waste, unless permitted to do so, except that a landfill may dispose of
				non-hazardous excluded waste listed under the following subparagraphs of
				Paragraph (9) of Subsection S of 20.9.2.7 NMAC unless prohibited from doing so
				in its permit; Subparagraphs (d) (agricultural), (f) (sand and gravel), (i)
				(densified refuse derived fuel), (m) (scrap tires), (n) (recyclable materials),
				(o) (compost), and (p) (materials, other than those that are regulated as
				hazardous, toxic or special waste, that are retained as evidence in a criminal
				proceeding and that are required to be destroyed or managed in accordance with
				a court or administrative order, and ash derived from such
				materials).