reglab/statecodes huggingface dataset:
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 5 - PETROLEUM STORAGE TANKS › Part 104 - OPERATOR TRAINING › Section 20.5.104.404 - TRAINING AND CERTIFICATION DEADLINES AND SCHEDULES

Current through Register Vol. 35, No. 13, July 16, 2024
A. Owners and operators of storage tank
				systems shall post at each facility owned a list of designated and certified
				class A and B operators and provide the department the name(s) and certificate
				number(s) of the designated class A and B operator(s) in writing within 30 days
				of a change in the designated operator.
B. When requested and at any inspection
				conducted by the department, owners and operators shall provide to the
				department a list of designated certified class A and B operators for each
				facility owned.
C. Owners shall
				maintain documentation identifying designated and certified class C operators,
				with proof of training, at each facility.
D. All designated certified class A, B and C
				operators shall be trained and possess a current certificate issued by a
				trainer approved pursuant to this part.
E. New operators shall be trained and
				certified within the following timeframes:
(1) Class A and class B operators shall be
				trained and certified within 60 days of assuming full operation and maintenance
				responsibilities of a storage tank system. Owners and operators in rural and
				remote areas of the state may apply in writing for a 60-day deferral of this
				requirement. To apply for this deferral, owners and operators must demonstrate
				to the department that they are located in a rural and remote area, as defined
				in 20.5.101.7 NMAC.
(2) Class C
				operators shall be trained before assuming responsibility for responding to
				emergencies and before dispensing a regulated substance.
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 5 - PETROLEUM STORAGE TANKS › Part 104 - OPERATOR TRAINING › Section 20.5.104.405 - OPERATOR PRESENT

Current through Register Vol. 35, No. 13, July 16, 2024
Owners and operators shall ensure that every facility has
				  either a class A, class B, or class C operator on-site whenever it is open for
				  business and dispensing any regulated substance, except:
A. pursuant to Paragraph 1 of Subsection E of
				20.5.104.404 NMAC;
B. at un-manned
				facilities, which shall conspicuously post signage required in Paragraph 1 of
				Subsection C of 20.5.104.403 NMAC, and shall either:
(1) be visited by a class A or B operator
				every week; or
(2) have a remote
				monitoring system that:
(a) meets the
				requirements for UST systems in 20.5.108 NMAC and for AST systems in 20.5.111
				NMAC;
(b) will automatically shut
				off the delivery or transfer of regulated substances if a suspected release is
				detected; and
(c) is visited
				monthly by a class A or B operator;
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 5 - PETROLEUM STORAGE TANKS › Part 104 - OPERATOR TRAINING › Section 20.5.104.406 - RE-TRAINING AND RE-CERTIFICATION

Current through Register Vol. 35, No. 13, July 16, 2024
A.
				Class A and B operators shall be re-certified every five years, in the same
				manner as original training and certification required in this part. It is the
				responsibility of owners, operators and certified operators to track
				certification dates and expiration, and to ensure that a certified operator as
				required by this part is designated and on-site for every storage tank system
				by the deadlines in this part and as required in this part. Owners and
				operators shall provide the department with the certificate number and
				expiration date of their designated class A and B operators upon their
				certification.
B. In addition to
				the requirements of Subsection A, if the department finds that a storage tank
				system is out of compliance, the class A and class B operator shall be
				re-trained within 60 days unless they meet the requirements in Subsection C of
				this section. The class A and B operator may select training specific only to
				the area of non-compliance (if available) or attend a training program that
				includes all training elements required by this part. Owners and operators
				shall provide the department with verification of department approved
				re-training. At a minimum, a storage tank system is out of compliance for
				purposes of this section if the system is in violation of:
(1) release detection requirements in 20.5
				NMAC; or
(2) release prevention
				requirements (spill, overfill, or corrosion prevention) requirements in 20.5
				NMAC.
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 5 - PETROLEUM STORAGE TANKS › Part 104 - OPERATOR TRAINING › Section 20.5.104.407 - DEFERRAL OF RE-TRAINING

Current through Register Vol. 35, No. 13, July 16, 2024
A. An
				owner or operator that is a certified operator may apply in writing to the
				department for a one-time five-year deferral of re-training required in
				20.5.104.406 NMAC if he can demonstrate the following:
(1) he owns no more than two
				facilities;
(2) no significant
				changes, modifications or upgrades to either of the facilities have been made
				during the five-year period immediately preceding the deferral application,
				including changes to spill prevention equipment, overfill protection equipment,
				leak detection equipment or corrosion protection equipment;
(3) the average monthly throughput at each
				facility is less than 20,000 gallons over the last 12 months; and
(4) the facility has not been out of
				compliance as defined in 20.5.104.406 NMAC during the five-year period
				immediately preceding the deferral application.
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 5 - PETROLEUM STORAGE TANKS › Part 104 - OPERATOR TRAINING › Section 20.5.104.408 - APPROVAL OF TRAINERS AND TRAINING

Current through Register Vol. 35, No. 13, July 16, 2024
A. Training elements. Training materials must
				be updated within 90 days of the effective date of the regulations. The
				following topics shall be covered in approved training courses for class A and
				class B operators:
(1) general overview of
				department UST and AST program, to include emergency generator systems, airport
				hydrant systems, USTs with field-constructed tanks, hybrid storage tank
				systems, any other storage tank system regulated under 20.5 NMAC, and
				administrative requirements, including:
(a)
				registration forms and certificates, and process for filing and modifying
				them;
(b) notification process and
				general technical requirements for new installations, repairs, replacements and
				modifications;
(c) confirmed and
				suspected releases (including confirmation steps for suspected releases),
				monthly monitoring or release detection test failures, and other system
				failures that may indicate a release of regulated substance has or is
				occurring;
(d) annual tank fees and
				invoicing process;
(e) general
				requirements for maintaining and demonstrating financial
				responsibility;
(f) department
				process for inspections and technical assistance resources available, including
				written checklists required in 20.5.104.409 NMAC; and
(g) enforcement process for
				violations;
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 5 - PETROLEUM STORAGE TANKS › Part 104 - OPERATOR TRAINING › Section 20.5.104.409 - RESPONSIBILITIES OF CERTIFIED OPERATORS

Current through Register Vol. 35, No. 13, July 16, 2024
A. A certified operator shall not represent
				himself or herself as certified unless the person has a current valid
				certificate from an approved trainer.
B. Monthly inspections. Each class A or class
				B operator shall perform a monthly inspection of each storage tank system for
				which he is designated, and shall record the results of each inspection on a
				checklist.
(1) At a minimum, monthly
				inspections shall be conducted and shall include an inspection of the
				following:
(a) release detection methods,
				including monitoring systems and all associated sensors, and whether they
				appropriately responded to all alarms and any conditions that might have
				indicated a release of regulated substance had occurred;
(b) integrity of spill prevention equipment
				(for cracks, holes, or bulges), and for the presence of regulated substance,
				water, or debris in the spill prevention equipment;
(c) dispenser and dispenser sumps for the
				presence of regulated substances, water, and debris;
(d) containment sumps, such as those which
				contain the submersible pump on the top of underground tanks, for the presence
				of regulated substances or any indication a release may have occurred;
				and
(e) overfill prevention
				equipment for proper operation and if maintenance is required.
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 5 - PETROLEUM STORAGE TANKS › Part 104 - OPERATOR TRAINING › Section 20.5.104.410 - RECIPROCITY

Current through Register Vol. 35, No. 13, July 16, 2024
No reciprocity, training, or certification from any other
				  state or territory shall qualify an operator to be certified pursuant to this
				  part.
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 5 - PETROLEUM STORAGE TANKS › Part 104 - OPERATOR TRAINING › Section 20.5.104.411 - ALTERNATE METHODS

Current through Register Vol. 35, No. 13, July 16, 2024
A. If owners
				and operators want to propose an alternate method of operator presence at
				facilities with either AST emergency generator systems or UST emergency
				generator systems, other than that specified by this part, owners and operators
				shall apply in writing to the department, shall provide supporting
				documentation, and shall not begin the proposed method unless and until the
				department approves the request in writing. At a minimum, the request for an
				alternate method shall contain the following:
(1) date the form is completed;
(2) facility name, facility ID number,
				address (with county), and telephone number;
(3) owner name, owner ID number, address, and
				telephone number;
(4) citation to
				regulation for which alternate method is requested;
(5) brief description of the proposed
				alternate method;
(6) justification
				of proposed alternate method, including citation to a standard or code
				supporting its use, if available; and
(7) demonstration of its equivalent
				protection of public health, safety, and welfare and the environment.
The department shall not grant the request unless owners and
				  operators demonstrate that the request will provide equivalent protection of
				  public health, safety, and welfare and the environment.
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 5 - PETROLEUM STORAGE TANKS › Part 104 - OPERATOR TRAINING › Section 20.5.104.412 - DOCUMENTATION AND RECORDKEEPING

Current through Register Vol. 35, No. 13, July 16, 2024
A.
				Approved trainers shall provide written verification of training completion for
				class A, B and C operators that shall include:
(1) the operator's name;
(2) the date and location where training was
				completed;
(3) the facility name,
				address and department facility ID number for each facility for which the
				operator is trained; and
(4) the
				name, address and phone number of the approved trainer that conducted the
				training.
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 5 - PETROLEUM STORAGE TANKS › Part 105 - CERTIFICATION OF TANK INSTALLERS AND JUNIOR INSTALLERS; REQUIREMENTS FOR TESTERS › Section 20.5.105.2 - SCOPE

Current through Register Vol. 35, No. 13, July 16, 2024
This part applies to persons installing, replacing,
				  repairing, modifying, testing, or removing storage tank systems. The
				  requirements for persons installing, replacing, repairing, or modifying airport
				  hydrant systems, USTs with field-constructed tanks, and hybrid storage tank
				  systems can be found in 20.5.114 NMAC.
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 5 - PETROLEUM STORAGE TANKS › Part 105 - CERTIFICATION OF TANK INSTALLERS AND JUNIOR INSTALLERS; REQUIREMENTS FOR TESTERS › Section 20.5.105.3 - STATUTORY AUTHORITY

Current through Register Vol. 35, No. 13, July 16, 2024
This part is promulgated pursuant to the provisions of 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 105 - CERTIFICATION OF TANK INSTALLERS AND JUNIOR INSTALLERS; REQUIREMENTS FOR TESTERS › Section 20.5.105.5 - 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 105 - CERTIFICATION OF TANK INSTALLERS AND JUNIOR INSTALLERS; REQUIREMENTS FOR TESTERS › Section 20.5.105.6 - OBJECTIVE

Current through Register Vol. 35, No. 13, July 16, 2024
The purpose of this part is to provide for the regulation of
				  persons installing, replacing, repairing, modifying, testing, and removing
				  storage tank systems that contain regulated substances in order to assure that
				  storage tank systems are being installed, replaced, repaired, modified, tested,
				  and removed in a manner which shall not encourage or facilitate leaking, and
				  which shall protect the public health, safety and welfare and the environment
				  of the state.
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 5 - PETROLEUM STORAGE TANKS › Part 105 - CERTIFICATION OF TANK INSTALLERS AND JUNIOR INSTALLERS; REQUIREMENTS FOR TESTERS › Section 20.5.105.7 - DEFINITIONS

Current through Register Vol. 35, No. 13, July 16, 2024
The definitions in 20.5.101 NMAC apply to this part.
				  Additionally, "entirely above ground piping" means all portions of the piping
				  are completely above ground, are completely visible, and are not in contact
				  with the ground or soil. This definition does not include piping for a system
				  where any portion of the piping is within a transition sump or is below
				  ground.
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 5 - PETROLEUM STORAGE TANKS › Part 105 - CERTIFICATION OF TANK INSTALLERS AND JUNIOR INSTALLERS; REQUIREMENTS FOR TESTERS › Section 20.5.105.500 - GENERAL REQUIREMENTS FOR INSTALLER OF UST SYSTEMS

Current through Register Vol. 35, No. 13, July 16, 2024
A. Beginning September 16, 1989, no person
				may install, replace, repair or modify UST systems in this state unless the
				person is, or employs, an individual who has been certified by the department
				to perform that work on UST systems. This provision requires certification of
				the individual who exercises supervisory control over the installation,
				replacement, repair or modification work, whether as an officer or employee of
				the UST system owner or operator performing its own installation, replacement,
				repair or modification, or as an officer or employee of the person agreeing to
				perform the installation, replacement, repair or modification for the owner or
				operator.
Exceptions to this requirement for a certified installer
				  include:
(1) internal lining of a tank
				through the application of such materials as epoxy resins;
(2) installation, replacement, repair or
				modification of cathodic protection systems;
(3) any other installation, replacement,
				repair or modification specifically approved in writing by the department as an
				exception to the requirement for a certified installer;
(4) an applicant for UST installer
				certification pursuant to Subsection C of 20.105.5.510 NMAC;
(5) normal maintenance;
(6) work on line or tank leak detection
				systems performed by technicians trained to work on line or tank leak detection
				systems by the manufacturer of the systems, or other equivalent training
				approved by the department; and
(7)
				persons closing storage tank systems pursuant to 20.5.115 NMAC.
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 5 - PETROLEUM STORAGE TANKS › Part 105 - CERTIFICATION OF TANK INSTALLERS AND JUNIOR INSTALLERS; REQUIREMENTS FOR TESTERS › Section 20.5.105.501 - GENERAL REQUIREMENTS FOR INSTALLER OF AST SYSTEMS

Current through Register Vol. 35, No. 13, July 16, 2024
A. Beginning August 15, 2004, no person may
				install, replace, repair or modify AST systems in this state unless the person
				is, or employs, an individual who has been certified by the department to
				perform that work on AST systems. This provision requires certification of the
				individual who exercises supervisory control over the installation,
				replacement, repair or modification work, whether as an officer or employee of
				the AST system owner or operator performing its own installation, replacement,
				repairs or modification, or as an officer or employee of the person agreeing to
				perform the installation, replacement, repair or modification for the owner or
				operator.
Exceptions to this requirement for a certified installer
				  include:
(1) internal lining of a tank
				through the application of such materials as epoxy resins;
(2) coating or lining of secondary
				containment for AST systems;
(3)
				installation, replacement, repair or modification of cathodic protection
				systems;
(4) any other
				installation, replacement, repair or modification specifically approved in
				writing by the department as an exception to the requirement for a certified
				installer;
(5) an applicant for AST
				installer certification pursuant to Subsection C of 20.5.105.510
				NMAC;
(6) normal
				maintenance;
(7) work on line or
				tank leak detection systems performed by technicians trained to work on line or
				tank leak detection systems by the manufacturer of the systems, or other
				equivalent training approved by the department; and
(8) persons closing storage tank systems
				pursuant to 20.5.115 NMAC.
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 5 - PETROLEUM STORAGE TANKS › Part 105 - CERTIFICATION OF TANK INSTALLERS AND JUNIOR INSTALLERS; REQUIREMENTS FOR TESTERS › Section 20.5.105.502 - GENERAL REQUIREMENTS FOR JUNIOR INSTALLER OF AST SYSTEMS

Current through Register Vol. 35, No. 13, July 16, 2024
A. Beginning July
				24, 2019, no person may install, replace, repair or modify spill and overfill
				prevention equipment on AST systems in this state unless the person is an
				individual who has been certified by the department to perform that work on AST
				systems. Exceptions to the requirement for an AST certified junior installer
				are listed in Paragraphs (1) through (8) of Subsection A of 20.5.105.501
				NMAC.
B. An individual who is an
				AST junior installer shall be certified to perform installations, repairs,
				replacements, and modifications of spill and overfill prevention
				equipment.
C. Individuals who are
				AST junior installers shall be certified to repair and replace entirely above
				ground piping on ASTs if they are licensed by the New Mexico construction
				industries division in accordance with 14.6.6 NMAC as a journeyman pipe fitter
				(JPF), MM-4, or MM-98.
D. The
				requirements of this part are not intended to prohibit the employment of
				apprentices or helpers so long as an AST certified junior installer exercises
				responsible supervisory control and is physically present on-site during the
				replacement, repair or modification.
E. The requirements of this part are in
				addition to and not in lieu of any other licensing and registration
				requirements imposed by law, including any applicable requirements of the
				Construction Industries Licensing Act, Sections
				60-13-1
				through
				60-13-59
				NMSA 1978.
F. The provisions of
				this part are not intended to relieve owners and operators of AST systems of
				their obligations and liabilities under applicable state and federal laws and
				regulations.
G. The department may
				deny an application or renewal and may suspend or revoke certification pursuant
				to the Parental Responsibility Act, Sections
				40-5A-1
				through
				40-5A-13
				NMSA 1978.
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 5 - PETROLEUM STORAGE TANKS › Part 105 - CERTIFICATION OF TANK INSTALLERS AND JUNIOR INSTALLERS; REQUIREMENTS FOR TESTERS › Section 20.5.105.503 - GENERAL REQUIREMENTS FOR JUNIOR INSTALLER OF UST SYSTEMS

Current through Register Vol. 35, No. 13, July 16, 2024
A. Beginning July
				24, 2019, no person may install, replace, repair or modify spill and overfill
				prevention equipment on UST systems in this state unless the person is an
				individual who has been certified by the department to perform that work on UST
				systems. Exceptions to the requirement for a UST certified junior installer are
				listed in Paragraphs (1) through (7) of Subsection A of 20.5.105.500
				NMAC.
B. An individual who is an
				UST junior installer shall be certified to perform installations, repairs,
				replacements, and modifications of spill and overfill prevention equipment. An
				UST junior installer shall not repair or replace piping that routinely contains
				a regulated substance.
C. A UST
				certified junior installer shall not install UST systems or piping.
D. The requirements of this part are not
				intended to prohibit the employment of apprentices or helpers so long as a UST
				certified junior installer exercises responsible supervisory control and is
				physically present on-site at the critical junctures in the installation,
				replacement, repair or modification of spill and overfill prevention
				equipment.
E. The requirements of
				this part are in addition to and not in lieu of any other licensing and
				registration requirements imposed by law, including any applicable requirements
				of the Construction Industries Licensing Act, Sections
				60-13-1
				through
				60-13-59
				NMSA 1978.
F. The provisions of
				this part are not intended to relieve owners and operators of UST systems of
				their obligations and liabilities under applicable state and federal laws and
				regulations.
G. The department may
				deny an application or renewal and may suspend or revoke certification pursuant
				to the Parental Responsibility Act, Sections
				40-5A-1
				through
				40-5A-13
				NMSA 1978.
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 5 - PETROLEUM STORAGE TANKS › Part 105 - CERTIFICATION OF TANK INSTALLERS AND JUNIOR INSTALLERS; REQUIREMENTS FOR TESTERS › Section 20.5.105.504 - GENERAL REQUIREMENTS FOR PERSONS PERFORMING TESTS ON STORAGE TANK SYSTEMS AND EQUIPMENT

Current through Register Vol. 35, No. 13, July 16, 2024
A.
				Beginning on July 24, 2019, owners and operators shall demonstrate that persons
				who perform tests on storage tank systems regulated under 20.5 NMAC have the
				experience, training, and education to perform the following:
(1) periodic testing of spill prevention
				equipment and containment sumps as required in 20.5.107.704 NMAC, 20.5.107.706
				NMAC, 20.5.110.1005 NMAC, and 20.5.110.1007 NMAC;
(2) periodic functionality testing and
				inspections of overfill prevention equipment as required in 20.5.107.704 NMAC
				and 20.5.110.1005 NMAC;
(3)
				functionality testing and inspections of automatic tank gauging systems as
				required in 20.5.108.805 NMAC and 20.5.111.1104 NMAC;
(4) precision tank tightness tests and line
				tightness tests;
(5) functionality
				testing of automatic line leak detectors, interstitial sensors, and sump
				sensors; and
(6) periodic testing
				of cathodic protection systems as required in 20.5.107.705 NMAC and
				20.5.110.1006 NMAC.
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 5 - PETROLEUM STORAGE TANKS › Part 105 - CERTIFICATION OF TANK INSTALLERS AND JUNIOR INSTALLERS; REQUIREMENTS FOR TESTERS › Section 20.5.105.505 - INDIVIDUAL CERTIFICATION FOR INSTALLER OF UST SYSTEMS

Current through Register Vol. 35, No. 13, July 16, 2024
A. An applicant for an individual's UST
				installer certification shall meet all of the following requirements in order
				to receive certification from the department.
(1) The applicant shall file an application
				with the department accompanied by a nonrefundable fee of $50. At a minimum the
				application shall contain the following information:
(a) applicant's name, permanent residence
				address and telephone number;
(b)
				applicant's business address and any business name used by the applicant, with
				the business address, telephone number and facsimile transmission
				number;
(c) applicant's date of
				birth;
(d) applicant's social
				security number;
(e) construction
				industries division license number, type of license, name of license holder
				under which applicant is working and expiration of license;
(f) whether the construction industries
				division license in subparagraph (e) of Paragraph
(1)
of this
				subsection has ever been suspended or revoked; if so, an explanation of the
				circumstances of the suspension or revocation;
(g) the supervisor's name, business name,
				address and telephone number with whom the applicant apprenticed as a tank
				installer;
(h) a description of the
				number of years of experience the applicant has as a tank installer (specify
				USTs and ASTs);
(i) a description
				of the types and number of tanks the applicant has installed (specify USTs and
				ASTs) in the past four years;
(j) a
				description of the types and number of piping systems the applicant has
				installed, replaced, repaired or modified (specify USTs and ASTs) in the past
				four years; and
(k) whether
				applicant owes child support in New Mexico.
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 5 - PETROLEUM STORAGE TANKS › Part 105 - CERTIFICATION OF TANK INSTALLERS AND JUNIOR INSTALLERS; REQUIREMENTS FOR TESTERS › Section 20.5.105.508 - INDIVIDUAL CERTIFICATION FOR JUNIOR INSTALLER OF UST SYSTEMS

Current through Register Vol. 35, No. 13, July 16, 2024
A. An applicant for
				an individual's UST junior installer certification shall meet all of the
				following requirements in order to receive certification from the department.
(1) The applicant shall file an application
				with the department accompanied by a nonrefundable fee of $50.00. At a minimum
				the application shall contain the following information:
(a) applicant's name, permanent residence
				address and telephone number;
(b)
				applicant's business address and any business name used by the applicant, with
				telephone number and facsimile transmission number;
(c) applicant's date of birth;
(d) applicant's social security
				number;
(e) construction industries
				division license number, type of license, name of license holder under which
				applicant is working and expiration of license;
(f) whether the construction industries
				division license in Subparagraph (e) of Paragraph (1) of this subsection has
				ever been suspended or revoked; if so, an explanation of the circumstances of
				the suspension or revocation;
(g)
				the supervisor's name, business name, address and telephone number with whom
				the applicant worked as a junior installer;
(h) a description of the number of years of
				experience the applicant has installing, replacing, modifying, and repairing
				spill and overfill prevention equipment (specify USTs and ASTs);
(i) a description of the number of spill and
				overfill prevention equipment installations, repairs, replacements, or
				modifications the applicant has performed (specify USTs and ASTs) in the past
				four years; and
(j) whether
				applicant owes child support in New Mexico.
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 5 - PETROLEUM STORAGE TANKS › Part 105 - CERTIFICATION OF TANK INSTALLERS AND JUNIOR INSTALLERS; REQUIREMENTS FOR TESTERS › Section 20.5.105.509 - EXPERIENCE REQUIREMENTS

Current through Register Vol. 35, No. 13, July 16, 2024
A.
				Installer:
(1) To qualify for individual
				certification under 20.5.105.505 NMAC or 20.5.105.506 NMAC, an applicant shall
				demonstrate that the applicant has had two years of experience, within the
				three years immediately prior to making the application, of field experience in
				the installation, replacement, repair or modification of the type of storage
				tank systems for which the applicant is applying for certification or, with the
				approval of the department, closely related work. Additionally, the applicant
				shall demonstrate they have hands-on supervised experience in the installation
				of two petroleum storage tank systems of the tank type (AST or UST) they are
				applying for within the two years of experience. The applicant's demonstration
				shall include copies of inspection reports (or other similar documents) for the
				work performed, which shall include the name, phone number and email contact of
				the supervising inspector. For purposes of this part, the applicant's field
				experience may be demonstrated in New Mexico or other states.
(2) An engineering degree or a license to
				practice engineering may substitute for six months of the experience required
				by Subsection A of this section.
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 5 - PETROLEUM STORAGE TANKS › Part 105 - CERTIFICATION OF TANK INSTALLERS AND JUNIOR INSTALLERS; REQUIREMENTS FOR TESTERS › Section 20.5.105.511 - DENIAL OF CERTIFICATION

Current through Register Vol. 35, No. 13, July 16, 2024
An applicant whose application for certification is denied
				  shall be afforded an opportunity for a hearing before the secretary under
				  20.5.5.519 NMAC, in accordance with the Uniform Licensing Act, Sections
				  61-1-1
				  through
				  61-1-33 NMSA
				  1978, and the department's adjudicatory procedures in 20.1.5
				  NMAC.
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 5 - PETROLEUM STORAGE TANKS › Part 105 - CERTIFICATION OF TANK INSTALLERS AND JUNIOR INSTALLERS; REQUIREMENTS FOR TESTERS › Section 20.5.105.512 - RENEWAL OF CERTIFICATION FOR INSTALLER

Current through Register Vol. 35, No. 13, July 16, 2024
A. A certification shall expire March 16 of
				the fourth calendar year after it was issued. Applications for renewal of
				certification issued under 20.5.105.505 NMAC and 20.5.105.506 NMAC shall be
				submitted no later than February 16 of the fourth year after the certification
				was granted to ensure renewal by March 16. Certification for installers who do
				not submit a timely renewal application shall be considered lapsed and invalid
				on March 16; the department shall not accept applications for renewal after
				February 16. Any installer whose certification has lapsed as provided in this
				subsection shall submit an application for new certification under 20.5.105.505
				NMAC or 20.5.105.506 NMAC and comply with the requirements thereof.
B. At least 90 days before the expiration
				date of certification, the department shall mail a renewal application reminder
				to the installer, at the installer's address of record with the department. It
				is the duty and responsibility of the installer to timely submit the renewal
				application for certification pursuant to Subsection A whether or not an
				application reminder has been received from the department.
C. To qualify for renewal, a UST certified
				individual or installer shall:
(1) file an
				application with the department with the information required in Paragraphs
				(1), (4) and (9) of Subsection A of 20.5.105.505 NMAC, accompanied by a
				nonrefundable $50.00 fee;
(2)
				demonstrate as required by 20.5.105.509 NMAC that the installer has completed
				at least two UST system installations, replacements, repairs or modifications
				during the four-year period preceding the renewal application; and
(3) demonstrate that the installer has passed
				a New Mexico laws and rules UST test administered by the department pursuant to
				20.5.105.514 NMAC, within the prior three months.
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 5 - PETROLEUM STORAGE TANKS › Part 105 - CERTIFICATION OF TANK INSTALLERS AND JUNIOR INSTALLERS; REQUIREMENTS FOR TESTERS › Section 20.5.105.513 - RENEWAL OF CERTIFICATION FOR JUNIOR INSTALLER

Current through Register Vol. 35, No. 13, July 16, 2024
A. A certification for junior installer shall
				expire March 16 of the fourth calendar year after it was issued. Applications
				for renewal of certification issued under 20.5.105.507 NMAC and 20.5.105.508
				NMAC shall be submitted no later than February 16 of the fourth year after the
				certification was granted to ensure renewal by March 16. Certification for
				junior installers who do not submit a timely renewal application shall be
				considered lapsed and invalid on March 16; the department shall not accept
				applications for renewal after February 16. Any junior installer whose
				certification has lapsed as provided in this subsection shall submit an
				application for new certification under 20.5.105.507 NMAC or 20.5.105.508 NMAC
				and comply with the requirements thereof.
B. At least 90 days before the expiration
				date of certification, the department shall mail a renewal application reminder
				to the junior installer, at the junior installer's address of record with the
				department. It is the duty and responsibility of the junior installer to timely
				submit the renewal application for certification pursuant to Subsection A
				whether or not an application reminder has been received from the
				department.
C. To qualify for
				renewal, a UST certified junior installer shall:
(1) file an application with the department
				with the information required in Paragraphs (1), (4) and (9) of Subsection A of
				20.5.105.508 NMAC, accompanied by a nonrefundable $50 fee;
(2) demonstrate as required by 20.5.105.509
				NMAC that the junior installer has completed at least two spill and overfill
				prevention equipment installations, replacements, repairs or modifications on
				UST systems during the four-year period preceding the renewal application;
				and
(3) demonstrate that the junior
				installer has passed a New Mexico laws and rules UST test for junior installer
				certification administered by the department pursuant to 20.5.105.514 NMAC,
				within the prior three months.
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 5 - PETROLEUM STORAGE TANKS › Part 105 - CERTIFICATION OF TANK INSTALLERS AND JUNIOR INSTALLERS; REQUIREMENTS FOR TESTERS › Section 20.5.105.514 - NEW MEXICO LAWS AND RULES TEST

Current through Register Vol. 35, No. 13, July 16, 2024
A.
				The department shall create and administer written tests on the rules contained
				in 20.5 NMAC, petroleum storage tanks. Tests for AST and UST installer
				applicants and AST and UST junior installer applicants may be different tests.
				The department shall offer tests at least monthly at a charge of $45 per
				installer or junior installer applicant per test, paid to the storage tank
				fund.
B. Applicants may apply to
				take the New Mexico laws and rules test at any office of the bureau, at least
				15 days before a test is given. The department shall post on its webpage dates,
				times and locations that tests will be offered. The department shall not
				administer any test until payment is received.
C. An applicant must pass a test by a grade
				of seventy percent or higher. The department will notify applicants in writing
				of a passing or failing grade no later than 15 working days after they took a
				test.
D. An applicant may re-take
				the New Mexico laws and rules test for each type of test once within 30 days of
				receipt of notice of a failing grade. If the applicant does not pass a test the
				second time, the applicant must reapply for certification complying with the
				requirements for initial certification in the applicable sections of this
				part.
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 5 - PETROLEUM STORAGE TANKS › Part 105 - CERTIFICATION OF TANK INSTALLERS AND JUNIOR INSTALLERS; REQUIREMENTS FOR TESTERS › Section 20.5.105.515 - INSTALLER DUTIES AND OBLIGATIONS

Current through Register Vol. 35, No. 13, July 16, 2024
A. No person shall agree to perform
				installation, replacement, repair or modification services unless the person is
				or employs a certified installer competent to perform the particular
				installation, replacement, repair or modification involved.
B. A certified installer shall have adequate
				knowledge of appropriate materials, technical requirements and installation,
				replacement, repair or modification procedures for any storage tank system that
				the installer undertakes to install, replace, repair or modify. A certified
				installer shall not perform any installation, replacement, repair or
				modification, or affix an installer signature or certification number to any
				installation, replacement, repair or modification for which the installer lacks
				competence.
C. A certified
				installer shall:
(1) exercise responsible
				supervisory control over any installation, replacement, repair or modification
				undertaken;
(2) at a minimum, be
				physically present on-site at all critical junctures in the installation,
				replacement, repair or modification; and
(3) give notice as required by these
				regulations, 20.5 NMAC.
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 5 - PETROLEUM STORAGE TANKS › Part 105 - CERTIFICATION OF TANK INSTALLERS AND JUNIOR INSTALLERS; REQUIREMENTS FOR TESTERS › Section 20.5.105.516 - CERTIFIED JUNIOR INSTALLER DUTIES AND OBLIGATIONS

Current through Register Vol. 35, No. 13, July 16, 2024
A. No individual shall agree to perform an
				installation, replacement, repair or modification of spill and overfill
				prevention equipment unless the individual is a certified junior installer and
				is competent to perform the installation, replacement, repair or
				modification.
B. Junior installers
				shall acquire and maintain certification from the manufacturers of the spill
				and overfill prevention equipment they modify, install, replace, or repair, as
				applicable.
C. A junior installer
				of AST systems who is certified to repair or replace entirely above ground
				piping shall maintain all certifications and licenses as required by 20.5.105
				NMAC.
D. A junior installer shall
				exercise responsible supervisory control when helpers are used.
E. A junior installer has a duty to report to
				the department any and all suspected or confirmed releases, as those terms are
				used in 20.5.118 NMAC, detected at a site or the surrounding area by the junior
				installer or persons working under the junior installer's supervisory control,
				as required by 20.5.118 NMAC.
F. A
				junior installer shall not perform any installation, replacement, repair,
				modification or removal of spill and overfill prevention equipment without
				providing notice as required by the provisions of 20.5 NMAC.
G. A junior installer shall comply with all
				of the provisions of the petroleum storage tank regulations, 20.5
				NMAC.
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 5 - PETROLEUM STORAGE TANKS › Part 105 - CERTIFICATION OF TANK INSTALLERS AND JUNIOR INSTALLERS; REQUIREMENTS FOR TESTERS › Section 20.5.105.517 - COMPLAINTS

Current through Register Vol. 35, No. 13, July 16, 2024
A. When the
				department receives a signed written complaint from any person which indicates
				an apparent violation of applicable law by an individual certified under this
				part, the department shall provide a copy of the complaint to the certified
				individual along with a letter from the department specifying the statute,
				regulation, order or license alleged to be violated. The letter shall include a
				reasonable description of the acts or practices alleged to be in violation of
				applicable law. The department shall provide a copy of the letter to the
				complainant.
B. The certified
				individual may, but need not, file a response to the complaint with the
				department. After reviewing the complaint together with any other matter in the
				certified individual's record, the department shall determine whether further
				action is to be taken.
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 5 - PETROLEUM STORAGE TANKS › Part 105 - CERTIFICATION OF TANK INSTALLERS AND JUNIOR INSTALLERS; REQUIREMENTS FOR TESTERS › Section 20.5.105.518 - INVESTIGATIONS, ENFORCEMENT, PENALTIES

Current through Register Vol. 35, No. 13, July 16, 2024
A. The department may undertake such
				investigations and take such actions as it deems necessary to ensure compliance
				with the provisions of this part, including the issuance of compliance orders
				and the commencement of civil actions under the provisions of the Hazardous
				Waste Act, Sections
				74-4-1
				through
				74-4-14
				NMSA 1978. The department may also initiate proceedings to revoke certification
				of an individual certified under Subsection C of Section
				74-4-4.4
				NMSA 1978 and 20.5.114 NMAC. The department may revoke certification upon
				grounds that the certified individual:
(1)
				exercised fraud, misrepresentation or deception in obtaining the
				certification;
(2) exhibited gross
				incompetence in the installation, replacement, repair, modification or removal
				of a storage tank system; or
(3)
				was derelict in the performance of a duty as a certified installer or junior
				installer, as required in the applicable sections of this part (including
				repeated failure to provide notice of releases or of the installation,
				replacement, repair, modification or removal of storage tank systems as
				required in the applicable sections of this part).
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 5 - PETROLEUM STORAGE TANKS › Part 105 - CERTIFICATION OF TANK INSTALLERS AND JUNIOR INSTALLERS; REQUIREMENTS FOR TESTERS › Section 20.5.105.519 - DEPARTMENT ACTIONS AGAINST CERTIFIED INSTALLERS AND CERTIFIED JUNIOR INSTALLERS

Current through Register Vol. 35, No. 13, July 16, 2024
A. When
				the department contemplates denying an application for or revoking
				certification, it shall serve upon the applicant or certified individual a
				written notice of contemplated action as required by the Uniform Licensing Act,
				Sections
				61-1-1
				through
				61-1-33 NMSA
				1978.
B. Proceedings under this
				section shall be conducted in accordance with the provisions of the Uniform
				Licensing Act, Sections
				61-1-1
				through
				61-1-33 NMSA
				1978 and in accordance with the department's adjudicatory procedures in 20.1.5
				NMAC.
C. If the department revokes
				certification pursuant to this section, the certified individual may not apply
				for certification for a minimum of two years for the type of certification
				revoked. However, if the certified individual is certified for another type of
				certification in this part, the certified individual shall not be affected by
				the revocation of the certification for the other type of
				certification.
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 5 - PETROLEUM STORAGE TANKS › Part 105 - CERTIFICATION OF TANK INSTALLERS AND JUNIOR INSTALLERS; REQUIREMENTS FOR TESTERS › Section 20.5.105.520 - AIRPORT HYDRANT FUEL DISTRIBUTION SYSTEMS, UST SYSTEMS WITH FIELD-CONSTRUCTED TANKS AND HYBRID STORAGE TANK SYSTEMS

Current through Register Vol. 35, No. 13, July 16, 2024
A.Certified installers shall only install,
				modify, repair, or replace airport hydrant fuel distribution systems, UST
				systems with field-constructed tanks, and hybrid storage tank systems if they
				also meet the requirements in 20.5.114.1400 NMAC.
B. Certified installers and junior installers
				shall only install, replace, modify, or repair spill and overfill prevention
				equipment associated with airport hydrant fuel distribution systems, UST
				systems with field-constructed tanks, and hybrid storage tank systems if they
				also meet the requirements in 20.5.114.1400 NMAC.
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 5 - PETROLEUM STORAGE TANKS › Part 106 - NEW AND UPGRADED UNDERGROUND STORAGE TANK SYSTEMS: DESIGN, CONSTRUCTION, AND INSTALLATION › Section 20.5.106.2 - 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. If the owner and operator of a storage tank 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 106 - NEW AND UPGRADED UNDERGROUND STORAGE TANK SYSTEMS: DESIGN, CONSTRUCTION, AND INSTALLATION › Section 20.5.106.3 - STATUTORY AUTHORITY

Current through Register Vol. 35, No. 13, July 16, 2024
This part is promulgated pursuant to the provisions of 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 106 - NEW AND UPGRADED UNDERGROUND STORAGE TANK SYSTEMS: DESIGN, CONSTRUCTION, AND INSTALLATION › Section 20.5.106.5 - 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 106 - NEW AND UPGRADED UNDERGROUND STORAGE TANK SYSTEMS: DESIGN, CONSTRUCTION, AND INSTALLATION › Section 20.5.106.6 - OBJECTIVE

Current through Register Vol. 35, No. 13, July 16, 2024
The purpose of 20.5.106 NMAC is to set forth the requirements
				  for the design, construction, installation and upgrading of underground storage
				  tank systems in a manner that will prevent releases and to protect the public
				  health, safety and welfare and the environment of the state.
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 5 - PETROLEUM STORAGE TANKS › Part 106 - NEW AND UPGRADED UNDERGROUND STORAGE TANK SYSTEMS: DESIGN, CONSTRUCTION, AND INSTALLATION › Section 20.5.106.7 - DEFINITIONS

Current through Register Vol. 35, No. 13, July 16, 2024
The definitions in 20.5.101 NMAC apply to this
				  part.