reglab/statecodes huggingface dataset:
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 9 - SOLID WASTE › Part 3 - SOLID WASTE FACILITY PERMITS AND REGISTRATIONS › Section 20.9.3.34 - REGISTRATION DENIAL, REVOCATION, OR SUSPENSION

Current through Register Vol. 35, No. 13, July 16, 2024
A. The secretary may deny, revoke, or suspend
				a commercial hauler registration on the basis of information in the application
				or evidence in the administrative record, or both, after taking into
				consideration the seriousness of the violation, any good faith efforts to
				comply with the applicable requirements and other relevant factors.
B. Causes for denying, revoking, or
				suspending a registration include a finding that the applicant or owner or
				operator has:
(1) knowingly misrepresented a
				material fact in the application, or at any time after issuance of the
				registration;
(2) refused to
				disclose or failed to disclose the information required under the provisions of
				20.9.2 - 20.9.10 NMAC or the Solid Waste Act;
(3) exhibited a history of willful disregard
				for the environmental laws of any state or the United States;
(4) had any permit revoked or permanently
				suspended for cause under the environmental laws of any state or the United
				States; or
(5) violated a term or
				condition of the registration, any requirement of 20.9.2 - 20.9.10 NMAC, or any
				requirement of the Solid Waste Act.
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 9 - SOLID WASTE › Part 3 - SOLID WASTE FACILITY PERMITS AND REGISTRATIONS › Section 20.9.3.35 - EFFECT OF REGISTRATION

Current through Register Vol. 35, No. 13, July 16, 2024
A. Any
				terms or conditions of the registration shall be enforceable to the same extent
				as a regulation of the board.
B.
				The existence of a registration issued under 20.9.2 - 20.9.10 NMAC shall not
				constitute a defense to a violation of 20.9.2 - 20.9.10 NMAC or the Solid Waste
				Act.
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 9 - SOLID WASTE › Part 3 - SOLID WASTE FACILITY PERMITS AND REGISTRATIONS › Section 20.9.3.36 - REGISTRATION RENEWAL

Current through Register Vol. 35, No. 13, July 16, 2024
A. A
				commercial hauler shall renew its registration every five years. To renew a
				registration, the commercial hauler shall file a complete renewal application
				no later than 30 days prior to the expiration date of the registration. A
				registration renewal application shall include the same information required in
				20.9.3.31 NMAC, and in addition provide a complete description of its
				compliance history and any other information requested by the
				secretary.
B. A registered
				commercial hauler may continue to operate under the terms and conditions of the
				existing registration until the registration renewal is issued or denied
				provided that:
(1) the owner and operator are
				in compliance with the existing registration, 20.9.2 - 20.9.10 NMAC, and any
				applicable federal regulations;
(2)
				a complete renewal application was submitted in a timely fashion in accordance
				with this section; and
(3) the
				owner or operator adequately submits any requested additional information by
				the deadline specified by the secretary.
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 9 - SOLID WASTE › Part 3 - SOLID WASTE FACILITY PERMITS AND REGISTRATIONS › Section 20.9.3.37 - REGISTRATION EXPIRATION

Current through Register Vol. 35, No. 13, July 16, 2024
A. A
				commercial hauler registration shall expire five years from the date of
				issuance of the registration.
B. A
				commercial hauler registration shall terminate upon any change of owners or
				operators of the registered commercial hauler, and the new owner or operator
				shall obtain a new registration prior to operation.
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 9 - SOLID WASTE › Part 3 - SOLID WASTE FACILITY PERMITS AND REGISTRATIONS › Section 20.9.3.38 - CONFIDENTIALITY OF INFORMATION

Current through Register Vol. 35, No. 13, July 16, 2024
A.
				Permit applicants, owners or operators, or commercial haulers who submit
				information to the department may claim such information as confidential. Any
				claim of confidentiality must be asserted at the time of submittal.
B. To claim confidentiality of information in
				a submittal, the submitter must clearly mark each page in the document on which
				the submitter claims there is confidential information, and submit to the
				department a written description of the basis for the claim of confidentiality
				at the time of submission. The department shall review the claim of
				confidentiality based on the written submittal and determine whether the
				information may be maintained as confidential pursuant to the Inspection of
				Public Records Act, NMSA 1978, Sections
				14-2-1,
				et seq. If the department determines that information in a submittal is
				confidential, the department may require submission of redacted copies of the
				submittal for the public record.
C.
				If no claim of confidentiality is made at the time of submission, any such
				claims are deemed waived and the department may make the information available
				to the public without further notice.
D. Information that is determined by the
				department to be confidential may be disclosed to officers, employees, or
				authorized representatives of the United States concerned with implementing
				RCRA, or when relevant in any proceedings under the Solid Waste Act or this
				chapter.
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 9 - SOLID WASTE › Part 3 - SOLID WASTE FACILITY PERMITS AND REGISTRATIONS › Section 20.9.3.39 - FEE SCHEDULE

Current through Register Vol. 35, No. 13, July 16, 2024
A. Fees
				are required from applicants for all permit applications, modifications, and
				applications for permit renewals. Fees shall be paid by the applicant at the
				time of application and are non-refundable. Fees for individual facility types
				shall be cumulative if more than one type is included in the permit
				application.
B. For a municipal or
				special waste landfill which receives, based on the projected operational rate:
(1) 20 tons or less of waste per day, annual
				average, the permit application fee shall be $6,000;
(2) more than 20 tons of waste per day,
				annual average, the permit application fee shall be $10,000;
(3) special waste, in addition to the
				facility permit application fee, an additional $1000 per type of special waste,
				up to $10,000 shall be paid.
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 9 - SOLID WASTE › Part 4 - SOLID WASTE AND REGISTERED FACILITY MAXIMUM SIZE, SITING CRITERIA, AND DESIGN CRITERIA › Section 20.9.4.2 - SCOPE

Current through Register Vol. 35, No. 13, July 16, 2024
This part applies to the transportation, storage, transfer,
				  processing, transformation, recycling, composting, nuisance abatement and
				  disposal of solid waste.
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 9 - SOLID WASTE › Part 4 - SOLID WASTE AND REGISTERED FACILITY MAXIMUM SIZE, SITING CRITERIA, AND DESIGN CRITERIA › Section 20.9.4.3 - STATUTORY AUTHORITY

Current through Register Vol. 35, No. 13, July 16, 2024
NMSA 1978, Sections
				  74-1-1 to
				  74-1-15,
				  NMSA 1978, Sections
				  74-9-1 to
				  74-9-43,
				  and NMSA 1978 Sections
				  74-13-1 to
				  74-13-20.
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 9 - SOLID WASTE › Part 4 - SOLID WASTE AND REGISTERED FACILITY MAXIMUM SIZE, SITING CRITERIA, AND DESIGN CRITERIA › Section 20.9.4.5 - EFFECTIVE DATE

Current through Register Vol. 35, No. 13, July 16, 2024
August 2, 2007, unless a later date is cited at the end of a
				  section.
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 9 - SOLID WASTE › Part 4 - SOLID WASTE AND REGISTERED FACILITY MAXIMUM SIZE, SITING CRITERIA, AND DESIGN CRITERIA › Section 20.9.4.6 - OBJECTIVE

Current through Register Vol. 35, No. 13, July 16, 2024
The objective of Part 4 of Chapter 9 is to establish
				  regulations governing solid waste and registered facility size, siting criteria
				  and design criteria.
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 9 - SOLID WASTE › Part 4 - SOLID WASTE AND REGISTERED FACILITY MAXIMUM SIZE, SITING CRITERIA, AND DESIGN CRITERIA › Section 20.9.4.8 - MAXIMUM SIZE

Current through Register Vol. 35, No. 13, July 16, 2024
The secretary shall not issue a permit for any solid waste
				  facility larger than 500 acres.
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 9 - SOLID WASTE › Part 4 - SOLID WASTE AND REGISTERED FACILITY MAXIMUM SIZE, SITING CRITERIA, AND DESIGN CRITERIA › Section 20.9.4.10 - SITING CRITERIA FOR COMPOSTING FACILITIES THAT ACCEPT SOLID WASTE

Current through Register Vol. 35, No. 13, July 16, 2024
No composting facility that accepts solid waste shall be
				  located:
A. in a floodplain, within
				500 feet of a wetland, or within 200 feet of a watercourse, unless the
				watercourse has been altered pursuant to an approval from the army corps of
				engineers or other appropriate authority; or
B. within 500 feet of any permanent
				residence, school, hospital, institution or place of worship in existence at
				the time the permit application for the facility is filed.
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 9 - SOLID WASTE › Part 4 - SOLID WASTE AND REGISTERED FACILITY MAXIMUM SIZE, SITING CRITERIA, AND DESIGN CRITERIA › Section 20.9.4.11 - SITING CRITERIA FOR TRANSFORMATION FACILITIES

Current through Register Vol. 35, No. 13, July 16, 2024
A. No transformation facility shall be
				located:
(1) in a floodplain, within 500 feet
				of a wetland, or within 200 feet of a watercourse unless the watercourse has
				been altered pursuant to an approval from the army corps of engineers or other
				appropriate authority;
(2) where
				new, abandoned or exploration subsurface mines may pose a risk of subsidence,
				instability, or ground water contamination;
(3) within historically or archaeologically
				significant sites, unless in compliance with the Cultural Properties Act, NMSA
				1978, Sections
				18-6-1 to
				18-6-23 and the
				Prehistoric and Historic Sites Preservation Act, NMSA 1978, Sections
				18-8-1 to
				18-8-8;
(4) within 150 feet of the facility property
				boundaries; nor
(5) within an
				unstable area, unless the owner or operator demonstrates that engineering
				measures have been incorporated into the facility design to ensure that the
				integrity of the structural components of the facility will not be
				disrupted.
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 9 - SOLID WASTE › Part 4 - SOLID WASTE AND REGISTERED FACILITY MAXIMUM SIZE, SITING CRITERIA, AND DESIGN CRITERIA › Section 20.9.4.12 - SITING CRITERIA FOR TRANSFER STATIONS AND PROCESSING FACILITIES

Current through Register Vol. 35, No. 13, July 16, 2024
No transfer station or processing facility initially
				  permitted after the effective date of these regulations shall be located in the
				  following areas:
A. a floodplain, a
				watercourse, or a wetland, except:
(1) a
				transfer station property boundary may extend into or cross a floodplain,
				watercourse, or wetland if those areas will not be impacted by structures or
				activities of the facility; and
(2)
				engineering structures designed to prevent impacts to or from a floodplain,
				watercourse, or wetland may be constructed subject to prior approval of the
				secretary;
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 9 - SOLID WASTE › Part 4 - SOLID WASTE AND REGISTERED FACILITY MAXIMUM SIZE, SITING CRITERIA, AND DESIGN CRITERIA › Section 20.9.4.13 - DESIGN CRITERIA FOR MUNICIPAL LANDFILLS, SPECIAL WASTE LANDFILLS AND MONOFILLS

Current through Register Vol. 35, No. 13, July 16, 2024
A. Except
				as specified in 20.9.2.14 NMAC and Subsection C of this section, all new
				municipal and special waste landfills and lateral expansions to existing
				municipal and special waste landfills shall provide a containment layer beneath
				the solid waste which is constructed:
(1)
				with a composite liner consisting of two components;
(a) the upper component shall consist of a
				minimum 30-mil flexible or a 60-mil high density polyethylene (HDPE)
				geomembrane liner or equivalent material; the geomembrane component shall be
				installed in direct and uniform contact with the lower component; and
(b) the lower component shall consist of a
				geosynthetic clay liner (GCL) or a minimum 24-inch thick layer of compacted
				soil having a saturated hydraulic conductivity of no more than
				1x10-7 centimeters per second (cm/sec) throughout
				its thickness; the soil must be free of particles greater than one inch in any
				dimension; or
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 9 - SOLID WASTE › Part 4 - SOLID WASTE AND REGISTERED FACILITY MAXIMUM SIZE, SITING CRITERIA, AND DESIGN CRITERIA › Section 20.9.4.15 - LEACHATE COLLECTION SYSTEMS FOR LANDFILLS

Current through Register Vol. 35, No. 13, July 16, 2024
A. Except as specified in 20.9.2.14 NMAC and
				Subsection C of 20.9.4.13 NMAC, all new municipal and special waste landfills
				and lateral expansions shall include a leachate collection system, which shall
				be designed by a professional engineer licensed to practice in New Mexico, and
				which shall incorporate a piping collection network comprised of perforated
				pipe having a minimum diameter of 6 inches and a minimum wall thickness of
				schedule 80 PVC or equivalent and shall be designed and constructed to:
(1) maintain less than a one-foot depth of
				leachate on the liner;
(2) maintain
				a minimum of two percent slope throughout the system, within the lined landfill
				cell; an alternate slope may be specifically approved by the secretary for
				leachate conveyance piping outside the disposal cell footprint;
(3) withstand chemical attack from waste and
				leachate; and
(4) withstand the
				loads, stresses, and disturbances from overlying waste, waste cover materials,
				and equipment operation.
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 9 - SOLID WASTE › Part 4 - SOLID WASTE AND REGISTERED FACILITY MAXIMUM SIZE, SITING CRITERIA, AND DESIGN CRITERIA › Section 20.9.4.16 - LANDFILL GAS CONTROL SYSTEMS

Current through Register Vol. 35, No. 13, July 16, 2024
A.
				Owners and operators of landfills who install a landfill gas control system in
				order to conform with the requirements of Subsection B of 20.9.5.9 NMAC shall
				submit a description of the physical and chemical characteristics of expected
				condensates or residues that are generated and a plan for their disposal. The
				disposal plan shall be submitted with a permit application or as a request for
				a specific approval. In addition, if the gas control system is not subject to
				the Air Quality Control Act, NMSA Sections
				74-2-1, et
				seq., the owner or operator shall include the following information in its
				submission:
(1) the design of the system,
				indicating the location and design of vents, barriers, collection piping and
				manifolds and other control measures that will be installed; and
(2) if gas recovery is proposed, the design
				of the proposed gas recovery system and the major on-site components of the
				system including storage, transportation, processing, treatment or disposal
				measures required in the management of the generated gases, condensates or
				other residues.
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 9 - SOLID WASTE › Part 4 - SOLID WASTE AND REGISTERED FACILITY MAXIMUM SIZE, SITING CRITERIA, AND DESIGN CRITERIA › Section 20.9.4.17 - RESEARCH, DEVELOPMENT, AND DEMONSTRATION PERMITS

Current through Register Vol. 35, No. 13, July 16, 2024
A. The secretary may issue a research,
				development, and demonstration permit in conjunction with a new solid waste
				facility permit for a municipal or special waste landfill, or as a permit
				modification for an already permitted municipal or special waste landfill,
				under the following conditions:
(1) the owner
				or operator proposes to utilize innovative and new methods which vary from
				either or both of the following criteria:
(a)
				the run-on control systems required by Subsection E of 20.9.5.9 NMAC;
				and
(b) if sludge is used, the
				liquids restrictions in Paragraph (9) of Subsection A of 20.9.2.10 NMAC and
				20.9.8.16 NMAC;
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 9 - SOLID WASTE › Part 5 - SOLID WASTE FACILITY AND COMMERCIAL HAULERS OPERATING REQUIREMENTS › Section 20.9.5.2 - SCOPE

Current through Register Vol. 35, No. 13, July 16, 2024
This part applies to the transportation, storage, transfer,
				  processing, transformation, and disposal of solid waste.
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 9 - SOLID WASTE › Part 5 - SOLID WASTE FACILITY AND COMMERCIAL HAULERS OPERATING REQUIREMENTS › Section 20.9.5.3 - STATUTORY AUTHORITY

Current through Register Vol. 35, No. 13, July 16, 2024
NMSA 1978, Sections
				  74-1-1 to
				  74-1-15,
				  NMSA 1978, Sections
				  74-9-1 to
				  74-9-43,
				  and NMSA 1978 Sections
				  74-13-1 to
				  74-13-20.
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 9 - SOLID WASTE › Part 5 - SOLID WASTE FACILITY AND COMMERCIAL HAULERS OPERATING REQUIREMENTS › Section 20.9.5.5 - EFFECTIVE DATE

Current through Register Vol. 35, No. 13, July 16, 2024
August 2, 2007, unless a later date is cited at the end of a
				  section.
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 9 - SOLID WASTE › Part 5 - SOLID WASTE FACILITY AND COMMERCIAL HAULERS OPERATING REQUIREMENTS › Section 20.9.5.6 - OBJECTIVE

Current through Register Vol. 35, No. 13, July 16, 2024
The objective of Part 5 of Chapter 9 is to establish
				  regulations governing operating requirements for solid waste facilities and
				  commercial haulers.
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 9 - SOLID WASTE › Part 5 - SOLID WASTE FACILITY AND COMMERCIAL HAULERS OPERATING REQUIREMENTS › Section 20.9.5.8 - GENERAL OPERATING REQUIREMENTS FOR ALL SOLID WASTE FACILITIES

Current through Register Vol. 35, No. 13, July 16, 2024
A. Owners and
				operators of each solid waste facility shall:
(1) operate the facility in a manner that
				does not cause a public nuisance or create a potential hazard to public health,
				welfare or the environment;
(2)
				control and mitigate odor and litter; and
(3) post signs to indicate the location of
				the site, the hours of operation, emergency telephone numbers, disposal
				instructions, and that fires and scavenging are prohibited.
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 9 - SOLID WASTE › Part 5 - SOLID WASTE FACILITY AND COMMERCIAL HAULERS OPERATING REQUIREMENTS › Section 20.9.5.9 - ADDITIONAL MUNICIPAL, SPECIAL WASTE, AND MONOFILL LANDFILL OPERATING REQUIREMENTS

Current through Register Vol. 35, No. 13, July 16, 2024
All municipal and special waste landfill owners and operators
				  shall:
A. utilize the principles of
				sanitary engineering to:
(1) confine the
				working face to the smallest practical area;
(2) compact the solid waste to the smallest
				practical volume; and
(3) minimize
				exposure of landfill employees and the public to animal carcasses and offal,
				and immediately cover such wastes when they are received;
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 9 - SOLID WASTE › Part 5 - SOLID WASTE FACILITY AND COMMERCIAL HAULERS OPERATING REQUIREMENTS › Section 20.9.5.10 - ADDITIONAL CONSTRUCTION AND DEMOLITION LANDFILL OPERATING REQUIREMENTS

Current through Register Vol. 35, No. 13, July 16, 2024
All construction and demolition landfill owners and operators
				  shall:
A. minimize the on-site
				population of disease vectors through the periodic application of cover
				material or other techniques as appropriate so as to protect public health,
				welfare and the environment;
B.
				apply and compact soil or apply other suitable material over disposed
				construction and demolition debris at the end of each operating day or at such
				frequencies and in such a manner as to reduce the risk of fire and impede
				vectors' access to the waste;
C.
				prevent the generation and lateral migration of methane such that:
(1) the concentration of methane generated by
				the facility does not exceed 25 percent of the lower explosive limit (LEL) for
				methane in facility structures (excluding gas control or recovery system
				components); and
(2) the
				concentration of methane does not exceed the LEL at the property boundary;
				and
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 9 - SOLID WASTE › Part 5 - SOLID WASTE FACILITY AND COMMERCIAL HAULERS OPERATING REQUIREMENTS › Section 20.9.5.11 - ADDITIONAL TRANSFER STATION OPERATING REQUIREMENTS

Current through Register Vol. 35, No. 13, July 16, 2024
Owners and operators of transfer stations shall:
A. accept special wastes only when
				specifically authorized to do so by a permit;
B. use containers for storage of solid waste
				that are leak-proof and manufactured of non-biodegradable material;
C. provide adequate means to control litter
				and prevent and extinguish fires;
D. conduct any recycling operations in a safe
				and sanitary manner, confined to an area remote from the tipping area, and in a
				manner that does not interfere with transfer operations;
E. store recyclable materials in a manner
				that does not create a nuisance, harbor vectors, or create a public health
				hazard, and remove recyclable materials in a timely manner;
F. provide sufficient unloading areas to meet
				demands of peak periods;
G. provide
				adequate off-street parking facilities for transfer vehicles;
H. not park collection or transfer vehicles
				containing putrescible materials on public streets or roads except under
				emergency conditions;
I. remove
				solid waste from the station at the end of the operating day unless otherwise
				approved in the permit; and
J.
				provide separate storage areas for bulky wastes, such as brush, white goods,
				appliances, and scrap tires, and remove the bulky wastes at a frequency
				approved in the permit.
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 9 - SOLID WASTE › Part 5 - SOLID WASTE FACILITY AND COMMERCIAL HAULERS OPERATING REQUIREMENTS › Section 20.9.5.12 - ADDITIONAL TRANSFORMATION FACILITY OPERATION OPERATING REQUIREMENTS

Current through Register Vol. 35, No. 13, July 16, 2024
Owners and operators of transformation facilities
				  shall:
A. control dust in the
				unloading and charging areas in such a manner as to prevent explosions and
				fugitive dust emissions;
B.
				maintain appropriate fire-fighting equipment in the charging and storage areas
				and elsewhere as needed;
C. conduct
				any recycling operations in a sanitary manner, which does not interfere with
				transformation operations and remove all recyclable materials, in a timely
				manner or store them so as not to create a nuisance, vector harborage, or
				public health hazard;
D. provide
				sufficient unloading areas to meet demands of peak periods;
E. provide sufficient training for all new
				employees so that equipment may be operated according to design specifications,
				and conduct review training annually;
F. prominently post key operational
				procedures;
G. store any special
				wastes generated by the transformation facility in covered buildings, in
				covered leak-proof containers, or in tanks, which shall be labeled with a
				description of the contents and the date the wastes were placed in
				storage;
H. provide audible signals
				to alert operating personnel of critical operating unit malfunctions;
I. provide sampling points of each process
				stream that do not interfere with normal facility operation;
J. if a facility is permitted to handle
				special wastes, provide separate areas for storage while the special wastes
				await processing or transport;
K.
				store special wastes in a manner to assure that they are protected from weather
				elements and fire and to assure that incompatible wastes are kept separate;
				and
L. establish an ash testing
				program prior to start-up of the transformation facility; representative
				samples of both fly ash and bottom ash shall be tested in accordance with
				20.9.8.11 NMAC; test methods, the number of tests, detection limits, and
				parameters to be tested shall be approved in the permit or registration;
				frequency of testing shall be one sample per month taken within 5 days of the
				beginning of the month, unless an alternate test frequency is specifically
				approved by the department based on a demonstration that the ash is
				homogenous.
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 9 - SOLID WASTE › Part 5 - SOLID WASTE FACILITY AND COMMERCIAL HAULERS OPERATING REQUIREMENTS › Section 20.9.5.13 - ADDITIONAL OPERATING REQUIREMENTS FOR RECYCLING FACILITIES THAT ACCEPT SOLID WASTE AND PROCESSING FACILITIES

Current through Register Vol. 35, No. 13, July 16, 2024
Owners and operators of recycling facilities that accept
				  solid waste and processing facilities shall:
A. prominently post key operational
				procedures;
B. store any special
				wastes:
(1) in separate, clearly marked
				areas;
(2) in covered buildings;
				and
(3) in covered leak-proof
				containers, or in tanks labeled with a description of the contents and the date
				the wastes were placed in storage;
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 9 - SOLID WASTE › Part 5 - SOLID WASTE FACILITY AND COMMERCIAL HAULERS OPERATING REQUIREMENTS › Section 20.9.5.14 - COMMERCIAL HAULER OPERATING REQUIREMENTS

Current through Register Vol. 35, No. 13, July 16, 2024
A. Commercial haulers shall:
(1) collect and transport waste so as to
				prevent environmental, safety, and public health or welfare hazards and
				nuisances;
(2) utilize equipment
				that is designed, constructed and operated so as to be leak-proof and
				protective of human health and safety and the environment;
(3) cover or enclose the waste to prevent
				littering during transportation;
(4) keep collection and transportation
				equipment in a clean condition through the use of sufficient washings and
				cleanouts;
(5) only transport waste
				to a facility that is permitted or registered under 20.9.2 - 20.9.10 NMAC or
				that is authorized by another government; provided that this is not to be
				construed to limit initial sorting of solid waste on site;
(6) immediately clean up any solid waste
				spilled during collection or hauling operations;
(7) conspicuously label all solid waste
				collection vehicles with the company, municipality, or county department
				name;
(8) conspicuously label all
				solid waste collection vehicles with the environment department registration
				number;
(9) take reasonable
				measures to assure that unauthorized wastes are not accepted; and
(10) if hauling special waste, carry a
				contingency plan and clean-up kit as approved pursuant to Paragraphs (3) and
				(4) of Subsection B of 20.9.3.31 NMAC.
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 9 - SOLID WASTE › Part 5 - SOLID WASTE FACILITY AND COMMERCIAL HAULERS OPERATING REQUIREMENTS › Section 20.9.5.15 - CONTINGENCY PLAN FOR EMERGENCIES

Current through Register Vol. 35, No. 13, July 16, 2024
A. 20.9.5.15 NMAC applies to owners and
				operators of all solid waste facilities except as otherwise provided.
B. The owner or operator shall maintain a
				current contingency plan at each solid waste facility. The contingency plan
				shall be designed to minimize hazards to public health, welfare or the
				environment from fires, explosions, or any release of contaminants or hazardous
				constituents to air, soil, surface water or ground water.
C. A copy of the contingency plan shall be
				kept at the facility and copies shall be provided to the emergency response
				authority of the local emergency management center.
D. The provisions of the contingency plan
				shall be carried out immediately whenever there is a fire, explosion, or
				release of contaminants or hazardous constituents which could pose an immediate
				or imminent threat to public health, welfare or the environment.
E. The contingency plan shall be amended
				immediately, if necessary, whenever:
(1) the
				facility permit is renewed or modified;
(2) the plan fails in an emergency;
(3) the facility's design, operations,
				maintenance, or other circumstances change in a way that increases the
				potential for fires, explosions, or releases of hazardous constituents, or
				necessitate changes to the planned emergency response;
(4) the list of emergency coordinators
				changes; or
(5) the list of
				emergency equipment changes.
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 9 - SOLID WASTE › Part 5 - SOLID WASTE FACILITY AND COMMERCIAL HAULERS OPERATING REQUIREMENTS › Section 20.9.5.16 - RECORD KEEPING AND ANNUAL REPORTS

Current through Register Vol. 35, No. 13, July 16, 2024
A. Owners and operators of solid waste
				facilities shall make and maintain an operating record during the active life
				of the facility, for each day that operations, monitoring, or closure occurs,
				including:
(1) the type (including special
				waste) and weight or volume of each load of solid waste received;
(2) the country (if other than the United
				States), state, county, and municipality in which the solid waste originated
				(i.e. the origin);
(3) the business
				name of any commercial hauler of solid waste for each load of the solid waste
				if it can be reasonably obtained;
(4) type and weight or volume of non-solid
				waste materials, as referenced in Paragraph (9) of Subsection S of 20.9.2.7
				NMAC, received;
(5) a record of
				load inspections, including:
(a) date and
				time of inspection;
(b) business
				name of the commercial hauler and driver name;
(c) vehicle license number and
				description;
(d) origin of the
				waste; and
(e) any pertinent
				observations made during the inspection;
(6) a description of solid waste or special
				waste handling problems or emergency disposal activities;
(7) a record of deviations from the approved
				design or operational plans;
(8)
				for a transfer station, the origin of and destination of the solid waste if
				transported out of state;
(9) all
				monitoring and testing results;
(10) plans for operations, contingencies,
				detection and identification of unauthorized waste, and any other plans
				required by 20.9.2 - 20.9.10 NMAC;
(11) documentation of the implementation of
				required plans;
(12) copies of
				special waste manifests required under 20.9.8.19 NMAC;
(13) copies of certificates of processing,
				transformation, or disposal of special wastes required under 20.9.8.13
				NMAC;
(14) financial assurance
				information, including a copy of the current standby trust document, current
				estimates for closure, post-closure care, phase I and phase II assessments and
				a copy of the financial assurance mechanism being utilized;
(15) a complete and current copy of the
				facility permit, final order issuing the permit, and any approvals granted by
				the secretary under 20.9.2 - 20.9.10 NMAC;
(16) a daily log of construction activities;
				and
(17) for landfills, any
				demonstration made to the secretary under Paragraphs (12) and (13) of
				Subsection A of 20.9.4.9 NMAC regarding seismic impact areas and unstable
				areas.
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 9 - SOLID WASTE › Part 6 - SOLID WASTE FACILITY AND COMPOSTING FACILITY CLOSURE AND POST-CLOSURE REQUIREMENTS › Section 20.9.6.2 - SCOPE

Current through Register Vol. 35, No. 13, July 16, 2024
This part applies to the transportation, storage, transfer,
				  processing, transformation, recycling, composting, nuisance abatement and
				  disposal of solid waste.
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 9 - SOLID WASTE › Part 6 - SOLID WASTE FACILITY AND COMPOSTING FACILITY CLOSURE AND POST-CLOSURE REQUIREMENTS › Section 20.9.6.3 - STATUTORY AUTHORITY

Current through Register Vol. 35, No. 13, July 16, 2024
NMSA 1978, Sections
				  74-1-1 to
				  74-1-15,
				  NMSA 1978, Sections
				  74-9-1 to
				  74-9-43,
				  and NMSA 1978 Sections
				  74-13-1 to
				  74-13-20.
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 9 - SOLID WASTE › Part 6 - SOLID WASTE FACILITY AND COMPOSTING FACILITY CLOSURE AND POST-CLOSURE REQUIREMENTS › Section 20.9.6.5 - EFFECTIVE DATE

Current through Register Vol. 35, No. 13, July 16, 2024
August 2, 2007, unless a later date is cited at the end of a
				  section.
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 9 - SOLID WASTE › Part 6 - SOLID WASTE FACILITY AND COMPOSTING FACILITY CLOSURE AND POST-CLOSURE REQUIREMENTS › Section 20.9.6.6 - OBJECTIVE

Current through Register Vol. 35, No. 13, July 16, 2024
The objective of Part 6 of Chapter 9 is to establish
				  regulations governing closure and post-closure care of solid waste
				  facilities.
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 9 - SOLID WASTE › Part 6 - SOLID WASTE FACILITY AND COMPOSTING FACILITY CLOSURE AND POST-CLOSURE REQUIREMENTS › Section 20.9.6.9 - CLOSURE AND POST-CLOSURE REQUIREMENTS FOR MUNICIPAL AND SPECIAL WASTE LANDFILLS, AND MONOFILLS

Current through Register Vol. 35, No. 13, July 16, 2024
A. Owners
				and operators of municipal landfills and special waste landfills shall begin
				closure within 30 days after the landfill receives the final receipt of waste
				or within 30 days after approval of the closure and post-closure care plan,
				whichever is later.
(1) Owners and operators
				shall install a final cover system which consists of the following:
(a) for municipal and special waste landfills
				(except monofills) that are not lined and which never received more than 7,300
				tons of waste (i.e., an average of 20 tons or less per day annual average)
				during any calendar year, an infiltration layer comprised of a minimum of 18
				inches of earthen material having a saturated hydraulic conductivity no greater
				than 1 x 10-5 cm/sec;
(b) for municipal landfills which exceed the
				tonnage requirements of Subparagraph (a) of this paragraph and for all special
				waste landfills (other than monofills), an infiltration layer comprised of a
				minimum of 18 inches of earthen material having a saturated hydraulic
				conductivity less than or equal to the saturated hydraulic conductivity of any
				bottom liner system or natural subsoils present, or a saturated hydraulic
				conductivity no greater than 1 x 10-5 cm/sec.,
				whichever provides for less infiltration;
(c) a layer for minimizing erosion consisting
				of a minimum of six inches of earthen material that is capable of sustaining
				native plant growth;
(d) any
				necessary gas vents provided they are sealed to assure no water
				infiltration;
(e) finished grades
				over filled areas which shall not exceed 25 percent (four feet horizontal to
				one foot vertical), or be less than five percent for new landfills and lateral
				expansions permitted for construction, operation, and closure after the
				effective date of these regulations or two percent for all other
				landfills;
(f) run-off controls
				designed for a peak discharge of a 24-hour, 25-year storm;
(g) cover material compacted to no less than
				75 percent and no more than 85 percent standard proctor density unless
				otherwise approved in the permit, closure plan or by specific approval;
				and
(h) for closure of a cell
				containing only regulated asbestos waste or scrap tires, the owner or operator
				shall cover with 30 inches of compacted native soils and 6 inches topsoil on
				top of the 30-inch cover, to provide a 36-inch final cover to the original
				grade and implement measures where necessary to control erosion and rodent
				intrusion.
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 9 - SOLID WASTE › Part 6 - SOLID WASTE FACILITY AND COMPOSTING FACILITY CLOSURE AND POST-CLOSURE REQUIREMENTS › Section 20.9.6.10 - CONSTRUCTION AND DEMOLITION LANDFILL CLOSURE AND POST-CLOSURE REQUIREMENTS

Current through Register Vol. 35, No. 13, July 16, 2024
A. Owners and
				operators of construction and demolition landfills shall comply with the
				following closure requirements.
(1) A final
				cover of not less than 24 inches of approved material shall be placed over the
				entire surface of each portion of the final lift starting no later than 30 days
				and completed within 60 days after the known final receipt of waste. The final
				cover shall consist of a compacted layer of not less than 18 inches of approved
				material and a layer for minimizing erosion of not less than 6 inches of
				approved material that is capable of sustaining native plant growth.
(2) The finished grades over filled areas
				shall not exceed 25 percent (four feet horizontal to one foot vertical), or be
				less than five percent for landfills permitted after the effective date of
				these regulations or two percent for all other landfills. The slope shall be
				sufficient to prevent the ponding of water and the erosion of the cover
				material. For existing landfills, the secretary may approve slopes which exceed
				25 percent grade provided the owner demonstrates there is no practicable
				alternative and the steeper slopes can be permanently stabilized to prevent
				erosion.
(3) The owner or operator
				shall provide a plan showing the final contours and vegetation in relationship
				to the surrounding land, the description of final use of the land with drawings
				as appropriate, and a description of vegetation to provide permanent soil
				stabilization.
(4) Upon completion
				of closure, a detailed description of the location of areas of waste disposal
				at the site, including a plat signed by a registered surveyor, shall be filed
				with the appropriate county land recording agency. The description and the plat
				shall be filed so that it will be found during a title search and proof of the
				filing shall be submitted to the secretary. The description shall perpetually
				notify any potential purchaser of the property that:
(a) the land has been used as a landfill;
				and
(b) its use is restricted as
				described in the post-closure care plan.
(5) The owner or operator may request
				permission from the secretary to file a revised description if all wastes are
				removed from the facility.
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 9 - SOLID WASTE › Part 6 - SOLID WASTE FACILITY AND COMPOSTING FACILITY CLOSURE AND POST-CLOSURE REQUIREMENTS › Section 20.9.6.11 - CLOSURE AND POST-CLOSURE REQUIREMENTS FOR COMPOSTING FACILITIES THAT ACCEPT SOLID WASTE

Current through Register Vol. 35, No. 13, July 16, 2024
A. Within 30
				days of closure, composting facility owners or operators shall:
(1) remove all windrows and in-vessel compost
				material on the compost facility's real property;
(2) remove or vegetate compacted compost
				material that may be left on the land;
(3) drain ponds or leachate collection
				systems, back fill, and assure removed contents are properly
				disposed;
(4) provide cover if
				necessary; and
(5) if required in
				the approved closure plan, remove buildings, fences, roads, and equipment,
				clean up the site, and conduct tests on the soils for contamination.
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 9 - SOLID WASTE › Part 6 - SOLID WASTE FACILITY AND COMPOSTING FACILITY CLOSURE AND POST-CLOSURE REQUIREMENTS › Section 20.9.6.12 - CLOSURE AND POST-CLOSURE REQUIREMENTS FOR OTHER SOLID WASTE FACILITIES

Current through Register Vol. 35, No. 13, July 16, 2024
A. Owners or
				operators of solid waste facilities other than landfills shall comply with the
				following requirements:
(1) cleanup of the
				area;
(2) dismantling and removal
				of any improvements related to solid waste handling or disposal, if required in
				the approved closure plan, such as;
(a)
				removal of buildings;
(b) removal
				of fences;
(c) removal of roads;
				and
(d) removal of
				equipment;
(3) testing
				of soils and ground water for contamination, if required in the approved
				closure plan; and
(4) all other
				conditions of the permit.
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 9 - SOLID WASTE › Part 7 - SOLID WASTE FACILITY AND REGISTERED FACILITY OPERATOR CERTIFICATION › Section 20.9.7.2 - SCOPE

Current through Register Vol. 35, No. 13, July 16, 2024
This part applies to all certified operators of solid waste
				  facilities, composting facilities and recycling facilities.
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 9 - SOLID WASTE › Part 7 - SOLID WASTE FACILITY AND REGISTERED FACILITY OPERATOR CERTIFICATION › Section 20.9.7.3 - STATUTORY AUTHORITY

Current through Register Vol. 35, No. 13, July 16, 2024
NMSA 1978, Sections
				  74-1-1 to
				  74-1-15,
				  NMSA 1978, Sections
				  74-9-1 to
				  74-9-43,
				  and NMSA 1978 Sections
				  74-13-1 to
				  74-13-20.
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 9 - SOLID WASTE › Part 7 - SOLID WASTE FACILITY AND REGISTERED FACILITY OPERATOR CERTIFICATION › Section 20.9.7.5 - EFFECTIVE DATE

Current through Register Vol. 35, No. 13, July 16, 2024
August 2, 2007, unless a later date is cited at the end of a
				  section.
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 9 - SOLID WASTE › Part 7 - SOLID WASTE FACILITY AND REGISTERED FACILITY OPERATOR CERTIFICATION › Section 20.9.7.6 - OBJECTIVE

Current through Register Vol. 35, No. 13, July 16, 2024
The objective of Part 7 of Chapter 9 is to establish a rule
				  governing operator certification requirements for operators of solid waste
				  facilities, composting facilities and recycling facilities.
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 9 - SOLID WASTE › Part 7 - SOLID WASTE FACILITY AND REGISTERED FACILITY OPERATOR CERTIFICATION › Section 20.9.7.8 - GENERAL PROVISIONS

Current through Register Vol. 35, No. 13, July 16, 2024
A. Owners
				and operators of landfills and transformation facilities shall require the
				managers of those facilities to attend, at least once every three years, a
				training program offered by the department or department certified training
				program on the subject of environmental justice.
B. To become a certified operator an
				individual shall:
(1) complete a certification
				training course offered by the department or its designated agent, or
				equivalent training approved by the department;
(2) pass an examination approved by the
				department;
(3) have at least one
				year of experience in the operation of a facility of the same type as that for
				which certification is sought;
(4)
				file an application with the department on a form provided by the
				department;
(5) meet the
				requirements of the Parental Responsibility Act, NMSA 1978, Sections
				40-5A-1 to
				40-5A-13
				(1998 Cum. Supp.);
(6) for
				operators of municipal waste incinerators, also meet the training requirements
				of New Mexico Municipal Waste Combustion rule, 20.2.62 NMAC; and
(7) for operators of biomedical waste
				incinerators, also meet the training requirements of New Mexico Biomedical
				Waste Combustion rule, 20.2.63 NMAC.
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 9 - SOLID WASTE › Part 7 - SOLID WASTE FACILITY AND REGISTERED FACILITY OPERATOR CERTIFICATION › Section 20.9.7.9 - OPERATOR CERTIFICATION TRAINING COURSES

Current through Register Vol. 35, No. 13, July 16, 2024
A. All operator certification training
				courses, with the exception of the transformation facility operator training
				course, will be offered by the department or other approved authority at least
				once every twelve months.
B. All
				operator certification training courses shall, at a minimum, address:
(1) composition of wastes;
(2) facility design;
(3) facility staffing and
				operations;
(4) transportation
				requirements;
(5) traffic flow
				control;
(6) environmental
				monitoring;
(7) handling of special
				wastes;
(8) identification of
				unauthorized wastes, including hot waste, hazardous wastes and materials, and
				PCB's;
(9) environmental health and
				safety;
(10) waste
				diversion;
(11) applicable laws and
				rules;
(12) the permitting
				process;
(13) documentation,
				including manifests, operating records, and reports;
(14) pollution prevention; and
(15) environmental justice.
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 9 - SOLID WASTE › Part 7 - SOLID WASTE FACILITY AND REGISTERED FACILITY OPERATOR CERTIFICATION › Section 20.9.7.10 - EXAMINATION

Current through Register Vol. 35, No. 13, July 16, 2024
A. A written
				examination shall be administered at the conclusion of each training course.
				Certification requires a score of at least 70 percent on the
				examination.
B. Results of the
				examination shall be forwarded to the trainee within 60 days after the date of
				the examination. A certificate shall be forwarded to the trainee within 60 days
				after the trainee provides documentation that he has met all the applicable
				requirements of Subsection B of 20.9.7.8 NMAC.
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 9 - SOLID WASTE › Part 7 - SOLID WASTE FACILITY AND REGISTERED FACILITY OPERATOR CERTIFICATION › Section 20.9.7.11 - RECIPROCITY

Current through Register Vol. 35, No. 13, July 16, 2024
The department may issue certificates without examination to
				  applicants who hold valid certificates or licenses issued by any state,
				  territory, or foreign jurisdiction, provided, the department determines the
				  requirements for such certification are equivalent to those set forth in
				  20.9.7.8 -
				  20.9.7.10
				  NMAC.
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 9 - SOLID WASTE › Part 7 - SOLID WASTE FACILITY AND REGISTERED FACILITY OPERATOR CERTIFICATION › Section 20.9.7.12 - RECERTIFICATION

Current through Register Vol. 35, No. 13, July 16, 2024
A. To maintain
				certification, certified operators shall apply for recertification at least 30
				days prior to the expiration date of their certification.
B. Recertification shall be obtained by
				making application to the department and successfully completing:
(1) an operator certification training course
				offered by the department or its designated agent;
(2) an alternate training course which has
				been approved by the department; or
(3) 24 hours of course work which has been
				approved by the department.
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 9 - SOLID WASTE › Part 7 - SOLID WASTE FACILITY AND REGISTERED FACILITY OPERATOR CERTIFICATION › Section 20.9.7.13 - SUSPENSION OR REVOCATION OF CERTIFICATION

Current through Register Vol. 35, No. 13, July 16, 2024
A. An operator's certification may be
				suspended or revoked by the secretary for:
(1) failure to comply with the terms or
				conditions of a solid waste facility permit or a facility
				registration;
(2) fraud, deceit or
				submission of inaccurate qualification information;
(3) violation of the Solid Waste Act or
				20.9.2 - 20.9.10 NMAC by the certified operator; or
(4) failure to comply with the Parental
				Responsibility Act, NMSA 1978, Sections
				40-5A-1 to
				40-5A-13
				(1998 Cum. Supp.).