New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 5 - PETROLEUM STORAGE TANKS › Part 123 - CORRECTIVE ACTION FUND ADMINISTRATION › Section 20.5.123.7 - DEFINITIONS

Current through Register Vol. 35, No. 13, July 16, 2024
A. Terms used in
				this part shall have the meanings given to them in the Ground Water Protection
				Act and 20.5.101 NMAC except as provided in Subsection B of this
				section.
B. As used in 20.5.123
				NMAC:
(1) "cost-effectiveness" means
				completing tasks in a manner that is economical in terms of goods or services
				received for the money spent;
(2)
				"major remediation equipment" means any transportable unit or system which has
				been acquired specifically for remediation using the corrective action fund and
				which the department inventories pursuant to Section
				12-6-10 NMSA
				1978;
(3) "pay for performance"
				means payment of a previously approved amount based on completion or
				achievement of previously determined criteria including, but not limited to, a
				given task or set of tasks, specified reductions in contaminant levels, or
				achievement of other measurable milestones, as approved by the
				department;
(4) "payment" means
				payment from the fund to a person that the owner or operator has assigned the
				right of reimbursement, or reimbursement from the fund to an owner or operator
				for the costs of corrective action;
(5) "phase of corrective action" means any
				one of the following activities, required by 20.5.119 or 20.5.120 NMAC:
(a) minimum site assessment ("MSA"), as
				defined in 20.5.101.7 NMAC;
(b)
				phase 1, which includes secondary investigation and report, soil-only
				contamination assessment, and petroleum vapor intrusion assessment;
(c) phase 2, which includes interim removal
				of non-aqueous phase liquid or contaminated soil;
(d) phase 3, which includes development of a
				conceptual and final remediation plan or a monitored natural attenuation
				plan;
(e) phase 4, which includes
				implementation of the remediation plan; or
(f) phase 5, which includes operating,
				monitoring, maintaining and reporting under the implemented remediation plan or
				monitoring and reporting under the approved monitored natural attenuation
				plan;
(6) "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;
(7) "resident business" means:
(a) a business enterprise which is authorized
				to do and is doing business under the laws of New Mexico and maintains its
				principal place of business in New Mexico, or has staffed an office and has
				paid applicable New Mexico taxes for two years prior to the awarding of the
				proposal and has five or more employees who are residents of New Mexico, or is
				an affiliate of a business which meets either of these two requirements; as
				used in this paragraph, "affiliate" means an entity that directly or indirectly
				through one or more intermediaries controls, is controlled by, or is under
				common control with the qualifying business through ownership of voting
				securities representing a majority of the total voting power of the entity;
				or
(b) a business enterprise,
				including a sole proprietorship, partnership or corporation, that offers for
				sale or lease or other form of exchange, goods, commodities or services that
				are substantially manufactured, produced or assembled in New York state, or, in
				the case of construction services, has its principal place of business in New
				York state;
(8)
				"responsible party" means any owner or operator of a storage tank system from
				which a release has occurred;
(9)
				"responsible party-lead site" means a site where the owner or operator takes
				corrective action and applies to the fund for payment of corrective action
				costs, as distinct from a site where the state takes corrective
				action;
(10) "specifications" means
				a detailed written statement of particulars prescribing corrective action to be
				taken, conditions to be met, materials to be used, or standards of workmanship
				to which something is to be built, installed, or operated, which is provided to
				prospective contractors on responsible party-lead sites and state-lead
				sites;
(11) "state-lead site" means
				a site where the department takes corrective action using the fund because the
				owner and operator are unknown, unable or unwilling to take corrective action
				as described in 20.5.121.2102 NMAC or because the department determines that a
				single entity is necessary to lead the corrective action;
(12) "technical merit" means those
				characteristics of a proposal including but not limited to strategies,
				expertise, methods, materials and procedures meeting the specifications
				included in a request for proposals.