New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 11 - ALBUQUERQUE - BERNALILLO COUNTY AIR QUALITY CONTROL BOARD › Part 20 - FUGITIVE DUST CONTROL › Section 20.11.20.14 - FUGITIVE DUST CONTROL CONSTRUCTION PERMITS

Current through Register Vol. 35, No. 13, July 16, 2024
A. A person who does not elect to obtain or
				who does not qualify for a fugitive dust control programmatic permit pursuant
				to 20.11.20.13 NMAC and who plans to conduct active operations that will
				disturb three-quarters of an acre or more shall comply with either Subsection A
				or B of 20.11.20.18 NMAC and obtain a fugitive dust control construction
				permit. No active operations shall commence until a department manager,
				supervisor, scientist, field operations officer or health specialist signs the
				fugitive dust control construction permit (permit) and a copy of the signed
				permit is available at the site of active operations. A permit shall consist of
				a complete permit application a fugitive dust control plan, any appended
				documents, any conditions attached to the permit by the department, and a
				signature and effective date affixed by a department manager, supervisor,
				scientist, field operations officer or health specialist.
B. The permittee shall comply with the terms
				of the permit unless the department approves a transfer of the permit or issues
				a new permit for the active or inactive disturbed surface area of operation to
				a new permittee. If three-quarters of an acre or more of the real property that
				is subject to the permit is transferred or sold the new owner is responsible
				for complying with either 20.11.20.13 NMAC or 20.11.20.14 NMAC unless exempt.
				Upon receipt of an amended permit signed by a department manager, supervisor,
				scientist, field operations officer or health specialist, the permittee who
				transferred or sold the real property no longer will be responsible for control
				of fugitive dust originating from the real property that has been transferred
				or sold. Permit amendment fees shall be paid as required by 20.11.20.14
				NMAC.
C. If a person other than the
				permittee will be responsible for complying with the permit and 20.11.20 NMAC,
				then the permittee shall designate the responsible person or persons in the
				permit application who shall be responsible for active operations and inactive
				disturbed surface areas to the extent specified in the application. Before a
				responsible person shall be liable for a violation of the permit or 20.11.20
				NMAC, the responsible person shall agree in writing to accept responsibility
				for compliance with the permit conditions. The responsible person shall be the
				first person the department attempts to contact regarding a violation of the
				permit or 20.11.20 NMAC. In addition, the department may approve, in writing, a
				permit amendment that adds or changes the responsible person who has agreed in
				writing to be responsible for complying with the permit and plan, to the extent
				specified in the permit. If the responsible person and permittee fail to comply
				with the provisions of 20.11.20 NMAC, the owner or operator, if different from
				the responsible person or permittee, shall be responsible for compliance with
				the permit.
D. An approved permit
				shall be valid for one year from the date of issuance by the department or
				until the project expiration date provided in the permit application, whichever
				is longer, but no more than five years from the date of issuance. If the
				project plan, expiration date, total disturbed surface area, completion date or
				the proposed control measures change in any manner, an amended or new permit is
				required. At least 10 business days before the expiration date, a fugitive dust
				control permit shall be renewed by the then-current permittee, or the permit
				shall expire as of the expiration date. Permit amendment or renewal fees shall
				be paid as required by Subsection H of 20.11.20.14 NMAC. Permits may be
				transferred to legal heirs, successors, and assigns, who shall become the new
				permittee. Permit transfers may qualify as an administrative amendment if:
(1) the department has received, on a form
				provided by the department, a written transfer agreement signed by the current
				and new permittee, and, if different than the new permittee, by the owner of
				the real property subject to the permit;
(2) a specific date of the transfer of the
				permit and plan responsibility, coverage, and liability is established in the
				transfer agreement;
(3) the
				department has determined that no change to the permit and plan other than the
				administrative change is necessary;
(4) the new permittee and owner have
				submitted the application information required by 20.11.20.15 NMAC if changes
				have been made to the permit and plan as deemed necessary by the
				department;
(5) no grounds exist
				for permit termination, as otherwise provided by 20.11.20 NMAC; and
(6) the transfer agreement has been approved
				in writing by the department.