New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 9 - SOLID WASTE › Part 20 - RECYCLING, ILLEGAL DUMPING AND SCRAP TIRE MANAGEMENT › Section 20.9.20.7 - DEFINITIONS

Current through Register Vol. 35, No. 13, July 16, 2024
As used in this part, the following definitions apply.
A. "Abatement" means to reduce in amount,
				degree or intensity or to eliminate.
B. "Act" means the Recycling and Illegal
				Dumping Act, Sections
				74-13-1 et
				seq. NMSA 1978.
C. "Agricultural
				use" means the beneficial use of scrap tires in conjunction with the operations
				of a farm or ranch that includes construction projects and aids in the storage
				of feed, as defined in the act.
D.
				"Alliance" means the recycling and illegal dumping alliance.
E. "Board" means the environmental
				improvement board.
F. "Civil
				engineering application" means the use of scrap tires or other recycled
				material in conjunction with other aggregate materials in engineering
				applications.
G. "Composting" means
				the process by which biological decomposition of organic material is carried
				out under controlled conditions and the process stabilizes the organic fraction
				into a material that can be easily and safely stored, handled and used in an
				environmentally acceptable manner.
H. "Cooperative association" means a refuse
				disposal district created pursuant to the Refuse Disposal Act, Sections
				4-52-1 et seq. NMSA
				1978; a sanitation district created pursuant to the Water and Sanitation
				District Act, Sections
				73-21-1 et
				seq. NMSA 1978; a special district created pursuant to the Special District
				Procedures Act, Sections
				4-53-1 et seq. NMSA
				1978; or other associations created pursuant to the Joint Powers Agreements
				Act, Sections
				11-1-1 et
				seq. NMSA 1978; or the Solid Waste Authority Act, Sections
				74-10-1 et
				seq. NMSA 1978.
I. "Department"
				means the New Mexico environment department.
J. "Dispose" means to deposit scrap tires or
				solid waste into or on any land or water.
K. "Hauler's temporary storage facility"
				means a facility where less than 100 scrap tires are stored for no more than 72
				hours by a registered scrap tire hauler or registered commercial hauler for the
				purpose of separating scrap tires from tires that will be reused for their
				original purpose.
L. "Household"
				means any single and multiple residence, hotel or motel, bunkhouse, ranger
				station, crew quarters, campground, picnic ground or day-use recreation
				area.
M. "Illegal dumping" means
				disposal of trash, scrap tires or any solid waste in a manner that violates the
				Solid Waste Act or the Recycling and Illegal Dumping Act.
N. "Illegal dumpsite" means a place where
				illegal dumping has occurred.
O.
				"Land reclamation" means the filling and restoring of excavated land for the
				purpose of restoring the land to its approximate natural grade and to prepare
				or reclaim the land for re-use. Disposal of scrap tires in a permitted or
				registered solid waste facility is not "land reclamation."
P. "Land reclamation project" means a civil
				engineering application designed to fill and restore land which had been
				excavated before the project and was not excavated for the burying of scrap
				tires, and does not include bank stabilization and erosion control
				projects.
Q. "Market development"
				means activities to expand or create markets for recyclable and reusable
				materials.
R. "Modify" means to
				change the terms or conditions of a permit or registration including:
(1) any change in the fundamental method of
				processing of scrap tires;
(2) any
				lateral or vertical expansion or alteration of the storage areas of the scrap
				tires, used tires, or tire derived products;
(3) storage of scrap tires, used tires, or
				tire derived products beyond the permitted or registered boundaries;
				but
(4) "modify" does not include:
(a) routine maintenance, repair, or
				replacement;
(b) an increase in the
				process rate, if such increase does not exceed the design capacity of the tire
				recycling facility, civil engineering application or violate any condition of
				the permit;
(c) a change in the
				hours of operation, unless such hours are specified in a permit
				condition;
(d) a change in the
				operating plan that is not the subject of a permit condition; and
(e) temporary changes allowed by the
				secretary under Subsection B of 20.9.20.39 NMAC and Subsection D of 20.9.20.41
				NMAC when there is an imminent danger to public health, welfare, or the
				environment.