reglab/statecodes huggingface dataset:
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 5 - PETROLEUM STORAGE TANKS › Part 120 - CORRECTIVE ACTION FOR UST SYSTEMS CONTAINING OTHER REGULATED SUBSTANCES › Section 20.5.120.2029 - RECORDKEEPING AND RETENTION

Current through Register Vol. 35, No. 13, July 16, 2024
A.
				Owners and operators of a hazardous waste UST system where a release has
				occurred shall retain records documenting compliance with all applicable
				requirements of 20.5.120 NMAC. If the owner and operator are separate persons,
				only one person is required to maintain the records required by the section,
				however both parties are liable in the event of non-compliance.
B. Records to be maintained shall include,
				but not be limited to:
(1) 72-hour
				report;
(2) 14-day
				report;
(3) NAPL Assessment
				report;
(4) interim removal of
				contaminated soil report;
(5)
				minimum site assessment, preliminary investigation report;
(6) secondary investigation report;
(7) final remediation plan;
(8) groundwater monitoring reports;
(9) operation and Maintenance
				reports.
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 5 - PETROLEUM STORAGE TANKS › Part 120 - CORRECTIVE ACTION FOR UST SYSTEMS CONTAINING OTHER REGULATED SUBSTANCES › Section 20.5.120.2030 - REPORTING

Current through Register Vol. 35, No. 13, July 16, 2024
A. Owners and
				operators shall provide to the department all reports as required in 20.5.120
				NMAC in accordance with the timeline or deadlines as set forth in Subsection E
				of 20.5.120.2000 NMAC.
B. Owners
				and operators shall ensure all reports, plans and requests required in 20.5.120
				NMAC contain at a minimum, in addition to the requirements set forth in
				20.5.120.2002, 20.5.120.2003, 20.5.120.2005, 20.5.120.2006, 20.5.120.2009,
				20.5.120.2011, 20.5.120.2012, 20.5.120.2015, 20.5.120.2019, 20.5.120.2020,
				20.5.120.2023, 20.5.120.2024, 20.5.120.2029 and 20.5.120.2030 NMAC.
(1) release name and address;
(2) facility identification and release
				identification numbers;
(3)
				workplan and deliverable identification numbers as applicable;
(4) owner and operator name and address,
				and
(5) date report was
				completed.
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 5 - PETROLEUM STORAGE TANKS › Part 121 - CORRECTIVE ACTION FUND USE AND EXPENDITURES › Section 20.5.121.2 - SCOPE

Current through Register Vol. 35, No. 13, July 16, 2024
This part applies to owners and operators of storage tanks as
				  provided in 20.5.101 NMAC and to the use of the corrective action fund. If the
				  owner and the operator of a storage tank are separate persons, only one person
				  is required to comply with the requirements of this part; however, both parties
				  are liable in the event of noncompliance.
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 5 - PETROLEUM STORAGE TANKS › Part 121 - CORRECTIVE ACTION FUND USE AND EXPENDITURES › Section 20.5.121.3 - STATUTORY AUTHORITY

Current through Register Vol. 35, No. 13, July 16, 2024
This part is promulgated pursuant to the provisions of the
				  Ground Water Protection Act, sections
				  74-6B-1
				  through
				  74-6B-14
				  NMSA 1978, and the general provisions of the Environmental Improvement Act,
				  sections
				  74-1-1
				  through
				  74-1-16
				  NMSA 1978.
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 5 - PETROLEUM STORAGE TANKS › Part 121 - CORRECTIVE ACTION FUND USE AND EXPENDITURES › Section 20.5.121.5 - EFFECTIVE DATE

Current through Register Vol. 35, No. 13, July 16, 2024
July 24, 2018, unless a later date is indicated in the
				  bracketed history note at the end of a section.
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 5 - PETROLEUM STORAGE TANKS › Part 121 - CORRECTIVE ACTION FUND USE AND EXPENDITURES › Section 20.5.121.6 - OBJECTIVE

Current through Register Vol. 35, No. 13, July 16, 2024
The purposes of this part are (1) to establish priorities for
				  the use of the corrective action fund at sites contaminated by releases of
				  regulated substances from storage tanks and (2) to specify procedures for
				  administering the fund in conjunction with the procedures set forth in 20.5.123
				  NMAC, adopted by the New Mexico environment department.
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 5 - PETROLEUM STORAGE TANKS › Part 121 - CORRECTIVE ACTION FUND USE AND EXPENDITURES › Section 20.5.121.7 - DEFINITIONS

Current through Register Vol. 35, No. 13, July 16, 2024
The definitions in 20.5.101 NMAC and the Ground Water
				  Protection Act apply to this part. In the case of conflict, the definitions in
				  the Ground Water Protection Act shall apply to this part.
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 5 - PETROLEUM STORAGE TANKS › Part 121 - CORRECTIVE ACTION FUND USE AND EXPENDITURES › Section 20.5.121.2100 - PERMISSIBLE FUND EXPENDITURES

Current through Register Vol. 35, No. 13, July 16, 2024
The department shall make expenditures from the fund that are
				  necessary to take emergency corrective action, to investigate releases and
				  undertake other corrective action in accordance with the priorities established
				  in this part, to make payments to or on behalf of owners and operators as
				  provided in 20.5.123 NMAC, to pay for the department's reasonable costs of
				  administering the fund, to pay for the department's costs associated with the
				  recovery of expenditures from the fund pursuant to section
				  74-6B-8
				  NMSA 1978, including related legal costs, and to pay the state's share of
				  federal leaking underground storage tank trust fund cleanup costs as required
				  by the federal Resource Conservation and Recovery Act. The department shall
				  keep records of the expenditures made from the fund and shall make those
				  records available to the interim legislative finance committee upon
				  request.
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 5 - PETROLEUM STORAGE TANKS › Part 121 - CORRECTIVE ACTION FUND USE AND EXPENDITURES › Section 20.5.121.2101 - CORRECTIVE ACTION BY OWNERS AND OPERATORS

Current through Register Vol. 35, No. 13, July 16, 2024
Owners and operators shall take corrective action in
				  accordance with 20.5.118 NMAC and 20.5.119 or 20.5.120 NMAC, and the department
				  shall make payments to or on behalf of owners and operators in accordance with
				  section
				  74-6B-13 NMSA
				  1978 and the provisions of 20.5.123 NMAC. The department shall designate a site
				  where the owner or operator takes corrective action and applies to the fund for
				  payment of corrective action costs as a responsible party-lead
				  site.
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 5 - PETROLEUM STORAGE TANKS › Part 121 - CORRECTIVE ACTION FUND USE AND EXPENDITURES › Section 20.5.121.2102 - CORRECTIVE ACTION BY THE DEPARTMENT - INFORMATION REQUIRED

Current through Register Vol. 35, No. 13, July 16, 2024
A. When the
				department determines that the owners and operators are unknown, unable or
				unwilling to take corrective action as described in 20.5.121.2101 NMAC, or when
				the department determines that a single entity is necessary to lead the
				corrective action, the department may designate the site as a state-lead site
				and take corrective action using the fund.
B. To make a determination that the owner and
				operator are unknown, the department shall, as appropriate:
(1) investigate site specifics;
(2) ascertain the current status and past
				history of the tanks at the site and determine the compliance status of the
				tanks; and
(3) review and document
				search results of all additional reasonably available records.
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 5 - PETROLEUM STORAGE TANKS › Part 121 - CORRECTIVE ACTION FUND USE AND EXPENDITURES › Section 20.5.121.2103 - CORRECTIVE ACTION BY THE DEPARTMENT - OWNER AND OPERATOR NOTIFICATION

Current through Register Vol. 35, No. 13, July 16, 2024
A. Upon a
				determination that a site be designated a state-lead site, the department shall
				send a notice to the owner and operator, if known, with the division director's
				signature notifying the owner and operator that the site is being designated a
				state-lead site and that the department may initiate an action for recovery of
				its costs of corrective action from the owner and operator pursuant to
				Subsection C of this section.
B.
				When the department takes corrective action at sites as described in
				20.5.121.2102 NMAC, it shall do so in accordance with the provisions of
				20.5.121.2104 NMAC.
C. The
				department may recover the costs of corrective action taken under 20.5.121.2102
				NMAC from the owner or operator, unless the owner or operator demonstrates
				compliance as required by section
				74-6B-8
				NMSA 1978 and the provisions of 20.5.123 NMAC.
D. Owners and operators at sites where the
				department has taken corrective action under this section shall assume
				responsibility for and control of the corrective action when required or
				permitted by the department. Any request by the owner and operator to change
				the designation of a site from a state-lead site to a responsible party-lead
				site shall be in writing, shall state the reasons why corrective action by the
				department is no longer necessary, and shall include appropriate documentation
				to support the request. The department may request additional documentation
				from the owner and operator, shall respond to the request in writing and shall
				state the reasons for its decision.
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 5 - PETROLEUM STORAGE TANKS › Part 121 - CORRECTIVE ACTION FUND USE AND EXPENDITURES › Section 20.5.121.2104 - SITE PRIORITIZATION

Current through Register Vol. 35, No. 13, July 16, 2024
A. The
				department shall assign a rank to all sites contaminated by releases from
				storage tanks using the leaking storage tank (LST) ranking system, as defined
				in 20.5.101.7 NMAC, and shall classify sites as being first, second or third
				priority sites. A site's priority shall be based on a minimum site assessment,
				as defined in 20.5.101.7 NMAC, or other available information that documents an
				effect or potential effect of the release on public health, safety and welfare
				or the environment. The department may re-rank and reclassify as warranted,
				based on facts affecting public health, safety and welfare and the environment.
(1) A first priority site is a site where the
				release of a regulated substance from a storage tank system has created an
				actual or imminent hazard to public health, safety and welfare or the
				environment such that the following corrective action is required:
(a) water supply protection or replacement
				pursuant to Subsection C or D of 20.5.119.1902 and 20.5.120.2002
				NMAC;
(b) mitigation of toxic or
				explosive or potentially toxic or explosive vapors pursuant to Subsection F of
				20.5.119.1902 and 20.5.120.2002 NMAC; or
(c) other corrective action as required to
				protect public health, safety and welfare or the environment from hazards
				caused by the release pursuant to Subsection G of 20.5.119.1902 and
				20.5.120.2002 NMAC.
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 5 - PETROLEUM STORAGE TANKS › Part 121 - CORRECTIVE ACTION FUND USE AND EXPENDITURES › Section 20.5.121.2106 - RESERVED MONEY

Current through Register Vol. 35, No. 13, July 16, 2024
A. The
				department shall establish a reserve of one-million dollars ($1,000,000) in the
				fund for the costs of taking emergency corrective action. The department may
				make expenditures from this reserve during the fiscal year and replenish the
				reserve at the beginning of the next fiscal year.
B. Money that is reserved pursuant to
				Subsection A of this section may be expended by the department only for
				corrective action necessary when an emergency threat to public health, safety
				and welfare or the environment is determined by the department to
				exist.
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 5 - PETROLEUM STORAGE TANKS › Part 122 - QUALIFICATION OF PERSONS PERFORMING CORRECTIVE ACTION › Section 20.5.122.2 - SCOPE

Current through Register Vol. 35, No. 13, July 16, 2024
This part applies to all persons performing corrective action
				  on behalf of storage tank owners, operators or the state under 20.5
				  NMAC.
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 5 - PETROLEUM STORAGE TANKS › Part 122 - QUALIFICATION OF PERSONS PERFORMING CORRECTIVE ACTION › Section 20.5.122.3 - STATUTORY AUTHORITY

Current through Register Vol. 35, No. 13, July 16, 2024
This part is promulgated pursuant to the provisions of the
				  Ground Water Protection Act, Sections
				  74-6B-1
				  through
				  74-6B-14
				  NMSA 1978; the Hazardous Waste Act, Sections
				  74-4-1
				  through
				  74-4-14
				  NMSA 1978; and the general provisions of the Environmental Improvement Act,
				  Sections
				  74-1-1
				  through
				  74-1-17
				  NMSA 1978.
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 5 - PETROLEUM STORAGE TANKS › Part 122 - QUALIFICATION OF PERSONS PERFORMING CORRECTIVE ACTION › Section 20.5.122.5 - EFFECTIVE DATE

Current through Register Vol. 35, No. 13, July 16, 2024
July 24, 2018, unless a later date is indicated in the
				  bracketed history note at the end of a section.
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 5 - PETROLEUM STORAGE TANKS › Part 122 - QUALIFICATION OF PERSONS PERFORMING CORRECTIVE ACTION › Section 20.5.122.6 - OBJECTIVE

Current through Register Vol. 35, No. 13, July 16, 2024
The objective of this part is to establish rules for the
				  qualification of firms for and disqualification of firms from conducting
				  corrective action on sites where releases from storage tanks have caused
				  contamination.
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 5 - PETROLEUM STORAGE TANKS › Part 122 - QUALIFICATION OF PERSONS PERFORMING CORRECTIVE ACTION › Section 20.5.122.7 - DEFINITIONS

Current through Register Vol. 35, No. 13, July 16, 2024
A. The definitions
				in 20.5.101 NMAC and the Ground Water Protection Act apply to this part. In the
				case of conflict, the definitions in the Ground Water Protection Act
				control.
B. For purposes of this
				part, the term "firm" shall be synonymous with the term "person," as defined in
				20.5.101 NMAC.
C. For purposes of
				this part, the term "proposal" means an offer to complete work submitted in
				response to given specifications issued for a responsible party-lead site or
				for a state-lead site.
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 5 - PETROLEUM STORAGE TANKS › Part 122 - QUALIFICATION OF PERSONS PERFORMING CORRECTIVE ACTION › Section 20.5.122.2200 - PAYMENTS

Current through Register Vol. 35, No. 13, July 16, 2024
Payments from the corrective action fund may be made only for
				  corrective action conducted by firms qualified by the department to perform
				  such work pursuant to this part.
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 5 - PETROLEUM STORAGE TANKS › Part 122 - QUALIFICATION OF PERSONS PERFORMING CORRECTIVE ACTION › Section 20.5.122.2201 - QUALIFICATION OF FIRMS

Current through Register Vol. 35, No. 13, July 16, 2024
A. Except
				as provided in Subsections C and D of this section, firms shall be evaluated
				for qualification by the department to conduct corrective action for each
				workplan submitted. Except as provided in Subsection B of this section, firms
				shall be qualified upon approval of the following:
(1) the subject workplan;
(2) a current statement of qualifications of
				the firm's authorized representative, the individual with direct, responsible,
				supervisory control of the approved workplan unless previously submitted under
				the current active phase of corrective action; and
(3) if the involvement of a professional
				engineer is required for the work to be undertaken under the workplan, a
				current statement of qualifications of the professional engineer that complies
				with 20.5.122.2203 NMAC.
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 5 - PETROLEUM STORAGE TANKS › Part 122 - QUALIFICATION OF PERSONS PERFORMING CORRECTIVE ACTION › Section 20.5.122.2202 - DISQUALIFICATION OF FIRMS

Current through Register Vol. 35, No. 13, July 16, 2024
A. The
				department may disqualify a qualified firm if the department determines that
				the firm has:
(1) knowingly misrepresented a
				material fact in its request to become qualified or in any subsequent report or
				communication with the department;
(2) failed to comply with any of the
				requirements of 20.5.119 NMAC, 20.5.120 NMAC, 20.5.122 NMAC or 20.5.123
				NMAC;
(3) failed to complete to the
				department's satisfaction the work described in one or more approved workplans;
				or
(4) when required to do so by
				20.5.122.2201 NMAC, failed to prove to the department's satisfaction that it
				has timely paid its subcontractors, suppliers, laboratories and other
				entities.
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 5 - PETROLEUM STORAGE TANKS › Part 122 - QUALIFICATION OF PERSONS PERFORMING CORRECTIVE ACTION › Section 20.5.122.2203 - REQUIREMENTS FOR PROFESSIONAL ENGINEERS

Current through Register Vol. 35, No. 13, July 16, 2024
If the involvement of a professional engineer is required for
				  the corrective action being conducted, the firm's qualification requirements
				  shall include licensure by the New Mexico state board of licensure for
				  professional engineers and surveyors in the discipline of engineering
				  appropriate to the corrective action. This requirement may be met by
				  demonstrating that the firm has on staff or available by contract a
				  professional engineer licensed in the appropriate discipline.
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 5 - PETROLEUM STORAGE TANKS › Part 122 - QUALIFICATION OF PERSONS PERFORMING CORRECTIVE ACTION › Section 20.5.122.2204 - ADVERSE DETERMINATIONS ON REQUESTS TO QUALIFY FIRMS

Current through Register Vol. 35, No. 13, July 16, 2024
A. In reviewing a firm's qualifications to
				perform corrective action, the department shall consider the nature of the work
				to be performed under the submitted workplan. Except as provided in Subsections
				B and C of this section, the department's determination on a request to qualify
				a firm for a workplan involving remediation shall be consistent with the
				department's selection of the firm's proposal for remediation under 20.5.123
				NMAC, if applicable.
B. Failure of
				a qualified firm to complete work described in one or more approved workplans
				to the satisfaction of the department may be taken into consideration when the
				firm's qualifications are reviewed by the department for purposes of future
				workplans.
C. The failure of a
				qualified firm to complete work described in an approved workplan to the
				satisfaction of the department may result in a determination by the department
				that further work by the firm is not eligible for payment or that a new
				remediation proposal or workplan, or both, is required.
D. Nothing in this part is intended to affect
				the rights or obligations of the department or its contractors in any
				suspension or debarment proceedings undertaken by the department under the
				Procurement Code, Sections
				13-1-28
				through
				13-1-199
				NMSA 1978. Suspension or debarment under the Procurement Code will be
				considered, however, in the department's determination on a firm's
				qualifications under this part.
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 5 - PETROLEUM STORAGE TANKS › Part 122 - QUALIFICATION OF PERSONS PERFORMING CORRECTIVE ACTION › Section 20.5.122.2205 - APPEALING ADVERSE DETERMINATIONS

Current through Register Vol. 35, No. 13, July 16, 2024
A firm that has been denied qualification or that has been
				  disqualified under this part may obtain review of the decision by using the
				  procedures set forth in 20.5.125 NMAC.
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 5 - PETROLEUM STORAGE TANKS › Part 123 - CORRECTIVE ACTION FUND ADMINISTRATION › Section 20.5.123.2 - SCOPE

Current through Register Vol. 35, No. 13, July 16, 2024
This part applies to owners and operators of storage tanks as
				  provided in 20.5 NMAC and as provided in 20.5.101 NMAC to contractors,
				  offerors, and designated representatives, and to all payments made by the
				  department to or on behalf of storage tank owners and operators under the
				  Ground Water Protection Act, Sections
				  74-6B-1
				  through
				  74-6B-14
				  NMSA 1978. If the owner and operator are separate persons, only one person is
				  required to comply with the requirements of this part, including any notice and
				  reporting requirements; however, both parties are liable in the event of
				  noncompliance.
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 5 - PETROLEUM STORAGE TANKS › Part 123 - CORRECTIVE ACTION FUND ADMINISTRATION › Section 20.5.123.3 - STATUTORY AUTHORITY

Current through Register Vol. 35, No. 13, July 16, 2024
20.5.123 NMAC is adopted by the Secretary of Environment
				  pursuant to the provisions of the Department of Environment Act, Sections
				  9-7A-1 through
				  9-7A-15
				  NMSA 1978 and the Ground Water Protection Act, Sections
				  74-6B-1
				  through
				  74-6B-14
				  NMSA 1978.
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 5 - PETROLEUM STORAGE TANKS › Part 123 - CORRECTIVE ACTION FUND ADMINISTRATION › Section 20.5.123.5 - EFFECTIVE DATE

Current through Register Vol. 35, No. 13, July 16, 2024
December 27, 2018, unless a later date is indicated in the
				  rule history note at the end of a section.
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 5 - PETROLEUM STORAGE TANKS › Part 123 - CORRECTIVE ACTION FUND ADMINISTRATION › Section 20.5.123.6 - OBJECTIVE

Current through Register Vol. 35, No. 13, July 16, 2024
The purpose of 20.5.123 NMAC is to establish the procedures
				  for administering and making payments from the corrective action fund ("fund")
				  created by the Ground Water Protection Act ("act"), Sections
				  74-6B-1
				  through
				  74-6B-14
				  NMSA 1978, including procedures for:
A. payment of the costs of a minimum site
				assessment in excess of ten thousand dollars ($10,000), or in excess of lesser
				amounts as permitted by the act;
B.
				payment of the costs of corrective action other than the minimum site
				assessment;
C. determinations of
				compliance with the act;
D.
				determinations of eligibility of costs for payment;
E. competitive bidding for corrective action
				work; and
F. disposition of
				remediation equipment acquired through the fund.
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 5 - PETROLEUM STORAGE TANKS › Part 123 - CORRECTIVE ACTION FUND ADMINISTRATION › Section 20.5.123.2300 - CONSTRUCTION

Current through Register Vol. 35, No. 13, July 16, 2024
This part shall be liberally construed to effectuate the
				  purposes of the Ground Water Protection Act and shall be construed, to the
				  extent possible, so as not to conflict with the Hazardous Waste Act, Sections
				  74-4-1
				  through
				  74-4-14
				  NMSA 1978, or 20.5.101 through 20.5.125 NMAC.
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 5 - PETROLEUM STORAGE TANKS › Part 123 - CORRECTIVE ACTION FUND ADMINISTRATION › Section 20.5.123.2301 - SEVERABILITY

Current through Register Vol. 35, No. 13, July 16, 2024
If any section or application of this part (20.5.123 NMAC) is
				  held invalid, the remainder of this part (20.5.123 NMAC) or its application to
				  other persons or situations shall not be affected.
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 5 - PETROLEUM STORAGE TANKS › Part 123 - CORRECTIVE ACTION FUND ADMINISTRATION › Section 20.5.123.2302 - EFFECT ON OTHER REGULATIONS

Current through Register Vol. 35, No. 13, July 16, 2024
This part does not relieve any owner or operator of the
				  obligation to comply with any federal or state laws or regulations, including
				  20.5 NMAC.
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 5 - PETROLEUM STORAGE TANKS › Part 123 - CORRECTIVE ACTION FUND ADMINISTRATION › Section 20.5.123.2303 - COMPLIANCE DETERMINATIONS

Current through Register Vol. 35, No. 13, July 16, 2024
A. The
				department shall make compliance determinations in the following circumstances:
(1) Corrective action by owner or operator.
				Pursuant to Section
				74-6B-13 NMSA
				1978, in order to be eligible for payment of corrective action costs other than
				those costs associated with a minimum site assessment, the owner or operator
				shall be in compliance with the requirements of Subsection B of Section
				74-6B-8
				NMSA 1978, as outlined in 20.5.123.2304 NMAC, during the owner or operator's
				term of ownership or operation for all storage tanks owned or operated at the
				site where the corrective action was or is being taken. Compliance for
				underground storage tanks ("USTs") shall be determined for the period from
				March 7, 1990 to the date the department determines that corrective action is
				complete. Compliance for above-ground storage tanks ("ASTs") shall be
				determined for the period from July 1, 2001 to the date the department
				determines that corrective action is complete.
(2) Corrective action by the department.
				Before bringing an action in district court against an owner or operator to
				recover expenditures from the fund incurred by the department to take
				corrective action at a site, the department shall determine, in accordance with
				20.5.123.2304 NMAC, whether the owner or operator has complied with the
				requirements of Subsection B of Section
				74-6B-8
				NMSA 1978, during their term of ownership or operation for all storage tanks
				owned or operated at the site. Compliance for USTs shall be determined for the
				period from March 7, 1990 to the date the department determines that corrective
				action is complete. Compliance for ASTs shall be determined for the period from
				July 1, 2001 to the date the department determines that corrective action is
				complete.
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 5 - PETROLEUM STORAGE TANKS › Part 123 - CORRECTIVE ACTION FUND ADMINISTRATION › Section 20.5.123.2304 - DETERMINATION OF COMPLIANCE UNDER SECTION 74-6B-8 NMSA 1978

Current through Register Vol. 35, No. 13, July 16, 2024
A. For sites where all USTs were removed or
				properly abandoned prior to March 7, 1990, and for sites where all ASTs were
				removed or properly abandoned prior to July 1, 2001, the determination of
				compliance required by Subsections B and C of 20.5.123.2303 NMAC shall include
				findings as to whether the owner or operator has:
(1) paid all storage tank fees required by
				Section
				74-4-4.4
				NMSA 1978, and, for all USTs removed or properly abandoned prior to March 7,
				1990, and for all ASTs removed or properly abandoned prior to July 1, 2001, a
				two hundred ($200) fee for each site;
(2) conducted a minimum site assessment as
				defined in 20.5.101.7 NMAC; and
(3)
				cooperated in good faith with the department and granted access to the
				department for investigation, cleanup, and monitoring.
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 5 - PETROLEUM STORAGE TANKS › Part 123 - CORRECTIVE ACTION FUND ADMINISTRATION › Section 20.5.123.2305 - PROCEDURES FOR DETERMINING COMPLIANCE

Current through Register Vol. 35, No. 13, July 16, 2024
A. When the owner or operator submits a
				written request for a compliance determination to the department, the request
				shall provide the following information for all storage tanks located at the
				site where the owner or operator is performing corrective action:
(1) the applicant's name, address, telephone
				number, and email address;
(2) a
				description of the applicant's interest in the site (for example, landowner,
				tank owner, lending institution, operator);
(3) the name, address, email address, and
				telephone number of the tank facility at the release site;
(4) the facility ID, owner ID, and release ID
				numbers for the tank facility at the release site;
(5) information on all systems that exist or
				that have existed at the release site during the owner or operator's term of
				ownership or operation, including:
(a) tank
				type (UST or AST), tank number, installation dates, tank capacity, product
				contained and removal date, if applicable;
(b) information on installation, upgrade,
				operation and maintenance standards, including type of tank construction,
				piping system, corrosion protection, spill and overfill protection, release
				detection for tanks and piping, operation and maintenance plans, compatibility,
				and secondary containment, if applicable;
(c) type of regulated substance(s) in each
				tank; and
(d) date(s) of permanent
				closure, if applicable;
(6) proof of financial responsibility that
				includes:
(a) name and address of the facility
				that is the subject of the compliance determination;
(b) type of financial
				responsibility;
(c) name of
				insurance provider, policy number, and period of coverage; and
(d) information about insurance coverage,
				including: type or types of coverage for corrective action or third-party
				liability, amount of coverage per occurrence, and amount of annual aggregate
				coverage for sudden accidental releases, non-sudden accidental releases, and
				accidental releases;
(7)
				corrective action information for each release that includes:
(a) date(s) the release was reported to the
				department;
(b) methods of
				preventing further release; and
(c)
				completion of the MSA report;
(8) certification on oath or affirmation of
				the truthfulness of all matters and facts contained in the request.
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 5 - PETROLEUM STORAGE TANKS › Part 123 - CORRECTIVE ACTION FUND ADMINISTRATION › Section 20.5.123.2306 - COMPETITIVE CONTRACTOR SELECTION FOR REMEDIATION AT RESPONSIBLE PARTY-LEAD SITES

Current through Register Vol. 35, No. 13, July 16, 2024
A. Payments
				made from the fund shall be made in accordance with 20.5.123.2309 NMAC and only
				for work performed by contractors that were selected using a competitive
				procedure based upon technical merit and cost-effectiveness, as defined in this
				part except as provided in Subsections C and D of this section. The
				solicitation and evaluation of proposals are required prior to workplan
				approval.
B. At a minimum, the
				department and the owner or operator shall obtain proposals and select
				contractors competitively for remediation activities under 20.5.119.1922
				through 20.5.119.1928 NMAC and under 20.5.120.2019 through 20.5.120.2025 NMAC,
				including conceptual and final remediation plans, design, construction,
				installation, operation and maintenance, and monitoring.
C. Competitive contractor selection is not
				required for the following activities:
(1)
				initial abatement or emergency response under 20.5.119.1902 NMAC or
				20.5.120.2002 NMAC;
(2) 72 hour and
				14 day reports under 20.5.119.1903 NMAC or 20.5.120.2003 NMAC;
(3) interim removal of non-aqueous phase
				liquid ("NAPL"), directed or approved by the department under 20.5.119.1905 or
				12.5.120.2005 NMAC;
(4) interim
				removal of contaminated soil, directed or approved by the department under
				20.5.119.1906 NMAC or 12.5.120.2006 NMAC;
(5) investigation activities under
				20.5.118.1801 NMAC and 20.5.119.1907 through 20.5.119.1913 NMAC or
				20.5.120.2007 through 20.5.120.2011 NMAC;
(6) development of and monitoring and
				reporting under a monitored natural attenuation plan under 20.5.119.1915
				through 20.5.119.1921 NMAC or 20.5.120.2012 through 20.5.120.2018
				NMAC;
(7) work at sites for which
				the owner or operator is not seeking payment, including but not limited to
				federal facilities and sites determined to be out of compliance pursuant to
				20.5.123.2304 NMAC; or
(8) work at
				sites under contract as described in subsection D of this section.
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 5 - PETROLEUM STORAGE TANKS › Part 123 - CORRECTIVE ACTION FUND ADMINISTRATION › Section 20.5.123.2307 - PROCEDURES AND REQUIREMENTS FOR SELECTION OF REMEDIATION CONTRACTORS AT RESPONSIBLE PARTY-LEAD SITES

Current through Register Vol. 35, No. 13, July 16, 2024
A.
				Within 15 days of written notification from the department that remediation is
				required, the owner or operator shall provide to the department either a
				written list with a minimum of five names of consultants from which the
				department and the owner or operator shall solicit proposals for remediation or
				a written request that the department solicit proposals for remediation on its
				website. The department and the owner or operator shall follow the procedures
				outlined in subsections B through E of this section where site evaluation,
				remediation selection and justification, and design may be required. The
				department and the owner or operator shall follow the procedures outlined in
				subsection F for bids at sites where limited remediation is such that no
				additional infrastructure is needed, plans and specifications that require a
				professional engineer signature and stamp are not required, the cost is less
				than $80,000 (not including NM gross receipt tax), and the proposed activities
				can be accomplished within two years. Limited remediation includes but is not
				limited to the injection of contaminant-reducing agents and the use of portable
				units for soil vapor extraction ("SVE"). The department shall follow the
				procedures outlined in subsection G for proposals at sites where the owner or
				operator is the state of New Mexico or a subdivision thereof.
B. Specifications.
(1) The department and the owner or operator
				shall develop specifications for remediation, which shall state which sections
				of 20.5.119 NMAC or 20.5.120 NMAC the work is intended to fulfill.
(2) The department and the owner or operator
				may require that specifications including primary responsibility for operation
				or maintenance of remediation systems with electrical or mechanical components
				contain the requirement that winning proposals shall include
				pay-for-performance criteria as defined in this part.
(3) Proposals shall meet all requirements
				outlined in the specifications.
(4)
				Costs for all tasks outlined in the specifications shall be submitted by
				short-listed firms only and shall be submitted under separate, sealed cover
				from the technical portion of the proposal.
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 5 - PETROLEUM STORAGE TANKS › Part 123 - CORRECTIVE ACTION FUND ADMINISTRATION › Section 20.5.123.2308 - PROCEDURES AND REQUIREMENTS FOR SELECTION OF REMEDIATION CONTRACTORS AT STATE-LEAD SITES

Current through Register Vol. 35, No. 13, July 16, 2024
When selecting remediation contractors for state-lead sites,
				  the department shall comply with the Procurement Code, Sections
				  13-1-21
				  through
				  13-1-199
				  NMSA 1978, 1.4.1 NMAC and the request for proposals procurement guide, which is
				  incorporated by reference.
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 5 - PETROLEUM STORAGE TANKS › Part 123 - CORRECTIVE ACTION FUND ADMINISTRATION › Section 20.5.123.2311 - DESIGNATED REPRESENTATIVES

Current through Register Vol. 35, No. 13, July 16, 2024
A.
				Subject to approval by the department, an owner or operator may designate a
				representative to facilitate compliance with 20.5.118 NMAC, 20.5.119 NMAC,
				20.5.120 NMAC, 20.5.120 NMAC, 20.5.121 NMAC, 20.5.122 NMAC, and 20.5.123 NMAC.
				Designation of a representative shall include assignment to the designated
				representative of any rights the owner or operator may have to payment from the
				corrective action fund.
B. In the
				event an owner or operator is incapable of both directing required corrective
				action and assigning rights to a designated representative, a person may
				request in writing to be designated as a representative by the department and
				to be assigned any rights the owner or operator may have had to payment from
				the corrective action fund.
C.
				Anyone requesting to designate or be designated as a representative pursuant to
				this section shall submit a written request to the department that includes
				the:
(1) owner ID number;
(2) facility ID number;
(3) release ID;
(4) reason for the requested designation (for
				example: sale of property or change of ownership, out-of-state move, operator
				illness, age, or death); and
(5)
				proposed representative's name, mailing address, email address, and telephone
				number.
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 5 - PETROLEUM STORAGE TANKS › Part 123 - CORRECTIVE ACTION FUND ADMINISTRATION › Section 20.5.123.2312 - MEANS TEST TO DETERMINE DEDUCTIBLE

Current through Register Vol. 35, No. 13, July 16, 2024
A. An owner or operator otherwise responsible
				for paying the first ten thousand dollars ($10,000) of minimum site assessment
				costs under Section
				74-6B-13 NMSA
				1978 may request that the first ten thousand dollars ($10,000) be paid from the
				Fund (a "zero deductible") if the owner or operator proves to the department an
				inability to pay the deductible.
B.
				An owner or operator otherwise responsible for a ten thousand dollar ($10,000)
				deductible is allowed a five thousand dollar ($5,000) deductible if the owner
				or operator proves to the department an inability to pay the full
				deductible.
C. The owner or
				operator shall submit an application for a zero or reduced deductible before or
				with submission of the MSA workplan, pursuant to 20.5.119 NMAC or 20.5.120
				NMAC. The application shall include the following:
(1) a letter explaining why the owner or
				operator is unable to afford to pay all or a portion of the initial ten
				thousand dollar ($10,000) cost of an MSA;
(2) copies of the owner's or operator's
				federal tax returns for the immediately preceding two years; and
(3) any additional financial documentation
				(for example, copies of bankruptcy filings or medical bills) that will assist
				the department in determining the owner or operator's inability to
				pay.
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 5 - PETROLEUM STORAGE TANKS › Part 123 - CORRECTIVE ACTION FUND ADMINISTRATION › Section 20.5.123.2313 - OWNERSHIP AND DISPOSITION OF MAJOR REMEDIATION EQUIPMENT

Current through Register Vol. 35, No. 13, July 16, 2024
A. The department
				shall be the owner of all major remediation equipment paid for by the fund,
				unless the equipment is leased as a more cost-effective approach, and shall be
				responsible for disposition of all major remediation equipment. No owner or
				operator shall dispose of any major remediation equipment without the written
				permission of the department. Disposition by the department shall be in
				accordance with all applicable laws and regulations, and by any of the
				following means:
(1) relocation to another
				fund remediation site, as provided in subsections C through E of this
				section;
(2) interim rental to a
				non-fund remediation site, subject to subsection F of this section;
(3) sale or salvage, subject to subsection G
				of this section; or
(4) when
				options in paragraphs (1) through (3) of this subsection are not available, any
				other form of disposal consistent with federal and state law.
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 5 - PETROLEUM STORAGE TANKS › Part 123 - CORRECTIVE ACTION FUND ADMINISTRATION › Section 20.5.123.2314 - FUND APPLICATION, PAYMENT AND SUBROGATION

Current through Register Vol. 35, No. 13, July 16, 2024
A. Nothing in 20.5.123 NMAC establishes or
				creates any liability or responsibility on the part of the department or the
				state to pay corrective action costs from any source other than the fund, nor
				shall the department or the state have any liability or responsibility to make
				any payments of corrective action costs if the balance in the fund is
				insufficient to cover those costs.
B. Payment shall be made only for work that
				has been performed in accordance with 20.5.118 NMAC, 20.5.119 NMAC or 20.5.120
				NMAC and 20.5.123 NMAC, subject to the provisions of 20.5.121.2105
				NMAC.
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 5 - PETROLEUM STORAGE TANKS › Part 123 - CORRECTIVE ACTION FUND ADMINISTRATION › Section 20.5.123.2315 - OBTAINING FACILITY AND OWNER ID NUMBERS FOR PURPOSES OF CORRECTIVE ACTION

Current through Register Vol. 35, No. 13, July 16, 2024
A. An owner or
				operator who is exempt from registration and tank fee requirements pursuant to
				20.5.101.7 NMAC (because the owner had a UST taken out of operation on or
				before January 1, 1974, had a UST taken out of operation after January 1, 1974
				and removed from the ground prior to November 8, 1984, or had an AST taken out
				of operation on or before July 1, 2001) remains responsible for all corrective
				action requirements otherwise imposed on all owners and operators.
B. To access the fund, an owner or operator
				shall apply for and receive from the department a facility ID number and owner
				ID number upon submitting the following information:
(1) the owner's or operator's name, mailing
				address, email address, and telephone number; and
(2) the physical address of the UST, AST or
				site that requires corrective action but that is exempt from registration and
				tank fee requirements pursuant to 20.5.101.7 NMAC.
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 5 - PETROLEUM STORAGE TANKS › Part 123 - CORRECTIVE ACTION FUND ADMINISTRATION › Section 20.5.123.2317 - CONTENTS OF APPLICATION FOR PAYMENT AT STATE-LEAD SITES

Current through Register Vol. 35, No. 13, July 16, 2024
When a deliverable is completed and the department has
				  determined in writing that the work for which payment is sought is
				  satisfactory, the contractor shall submit one original and one copy of the
				  application for payment to the department. All applications shall
				  include:
A. the payee's name, mailing
				address, email address and telephone number;
B. the contractor's name, mailing address,
				email address and telephone number;
C. information about the workplan, including:
				the date the workplan was approved, the workplan identification number, the
				deliverable identification numbers and the date or dates each deliverable was
				delivered;
D. information about the
				facility, including: the name, physical address, release ID, and facility ID
				number of the facility for which payment is sought; the phase of corrective
				action being claimed; the contract number; and the expiration date of the
				contract;
E. the invoice number or
				numbers and the amount of each invoice for which payment is sought;
F. copies of each invoice for which payment
				is sought; and
G. copies of the
				workplan approval letter and any subsequent amendments to the
				workplan.
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 5 - PETROLEUM STORAGE TANKS › Part 123 - CORRECTIVE ACTION FUND ADMINISTRATION › Section 20.5.123.2318 - APPLICATION AND PAYMENT PROCESS

Current through Register Vol. 35, No. 13, July 16, 2024
A.
				All applications for payment shall be received by the department within 90 days
				of the date upon which the owner, operator or contractor received a notice of
				approval of the deliverable from the department, pursuant to 20.5.123.2309
				NMAC. The department shall not grant extensions of the deadline for
				applications for payment except for good cause shown, in which case the
				department shall grant a 30-day extension. For purposes of this section, "good
				cause" means unavoidable circumstances beyond the owner's, operator's, or
				contractor's control. All requests for an extension shall describe the reason
				or reasons an extension is necessary and shall be submitted to the department
				in writing within the 90-day period for submitting an application for
				payment.
B. Applications for
				payment shall be sent to the New Mexico environment department, petroleum
				storage tank bureau, reimbursement section.
C. The department shall review all
				applications for payment in the order received and shall, within 60 days of
				receipt, either:
(1) pay the owner, operator
				or contractor for all eligible costs or as required by 20.5.121.2105 NMAC;
				or
(2) reject the application and
				notify the owner, operator or contractor in writing of the inadequacies in the
				application that caused the rejection.
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 5 - PETROLEUM STORAGE TANKS › Part 123 - CORRECTIVE ACTION FUND ADMINISTRATION › Section 20.5.123.2319 - SUBROGATION

Current through Register Vol. 35, No. 13, July 16, 2024
A. The department
				has a right of subrogation to any insurance policies in existence at the time
				of the release to the extent of any rights the owner or operator of a site may
				have had under that policy, pursuant to Subsection D of Section
				74-6B-8
				NMSA 1978. The department's subrogation rights are limited to the extent of the
				department's expenditures from the corrective action fund or other sources. The
				owner or operator shall include in the first application for payment a copy of
				any insurance policies which were in effect on the date of the report, as well
				as any policies which were in existence at the time the release may have
				occurred and which may insure the owner or operator against all or part of the
				costs of taking corrective action. The owner or operator shall also report to
				the department any claims filed against any policy identified in accordance
				with this section or Subsection G of 20.5.123.2310 NMAC.
B. The department has a right of subrogation
				against any third party who caused or also contributed to the release, pursuant
				to Subsection D of Section
				74-6B-8
				NMSA 1978. This right of subrogation shall apply regardless of any applications
				for payment the owner or operator may have made or intends to make for payment
				from the fund. The owner or operator shall report to the department the
				identity of any third party against whom a claim is filed and provide a copy of
				any claim filed against that party.