reglab/statecodes huggingface dataset:
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 9 - SOLID WASTE › Part 20 - RECYCLING, ILLEGAL DUMPING AND SCRAP TIRE MANAGEMENT › Section 20.9.20.30 - REGISTRATION ISSUANCE

Current through Register Vol. 35, No. 13, July 16, 2024
A. Within
				30 days after an application for a scrap tire hauler registration is deemed
				complete, the secretary shall issue the registration, issue the registration
				with terms and conditions, or deny the registration.
B. The secretary shall issue a registration
				if the owner or operator demonstrates that the requirements of this part and
				the act are met and that neither a hazard to public health, welfare or the
				environment nor undue risk to property will result.
C. The terms and conditions of the
				registration shall be the approved representations made by the registration
				applicant in the application, together with any terms and conditions
				specifically identified by the secretary.
D. At the time of registration issuance, the
				scrap tire hauler will be assigned a registration number.
E. The department shall maintain a list of
				registered scrap tire haulers on its solid waste bureau website.
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 9 - SOLID WASTE › Part 20 - RECYCLING, ILLEGAL DUMPING AND SCRAP TIRE MANAGEMENT › Section 20.9.20.31 - SCRAP TIRE HAULER REGISTRATION RENEWAL

Current through Register Vol. 35, No. 13, July 16, 2024
A. A scrap tire hauler shall renew its
				registration every five years. To renew a registration, the scrap tire 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 20.9.20.26 NMAC, and in addition
				provide a complete description of its compliance history and any other
				information requested by the secretary. The existing registration shall remain
				in effect until the registration is granted, granted with conditions or
				denied.
B. A registered scrap tire
				hauler may continue to operate under the terms and conditions of the existing
				registration for a period not to exceed one year after the effective date of
				these rules or until the registration is renewed whichever is first provided
				that:
(1) the owner and operator are in
				compliance with the existing registration, this part, and any applicable
				federal regulations;
(2) a complete
				renewal application is 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 20 - RECYCLING, ILLEGAL DUMPING AND SCRAP TIRE MANAGEMENT › Section 20.9.20.32 - SCRAP TIRE HAULER REGISTRATION EXPIRATION

Current through Register Vol. 35, No. 13, July 16, 2024
A. A scrap tire hauler registration shall
				expire five (5) years from the date of issuance of the registration.
B. A scrap tire hauler registration shall
				terminate upon any change of owners or operators of the registered scrap tire
				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 20 - RECYCLING, ILLEGAL DUMPING AND SCRAP TIRE MANAGEMENT › Section 20.9.20.33 - CURRENT HOLDERS OF TIRE RECYCLING FACILITY REGISTRATIONS, SPECIFIC TIRE RECYCLING FACILITY PERMITS AND LAND RECLAMATION SITES

Current through Register Vol. 35, No. 13, July 16, 2024
Registered tire recycling facilities, land reclamation sites,
				  and holders of specific permits for tire recycling facilities shall apply for a
				  permit and demonstrate compliance with the provisions of this rule within 180
				  days after its effective date.
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 9 - SOLID WASTE › Part 20 - RECYCLING, ILLEGAL DUMPING AND SCRAP TIRE MANAGEMENT › Section 20.9.20.34 - CONFIDENTIALITY OF INFORMATION

Current through Register Vol. 35, No. 13, July 16, 2024
A.
				Permit applicants, owners or operators of tire recycling facilities or civil
				engineering applications, or scrap tire 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, Section
				14-2-1
				et seq. NMSA 1978. 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 state or the United States
				concerned with implementing law enforcement, or when relevant in any
				proceedings under the act or this part.
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 9 - SOLID WASTE › Part 20 - RECYCLING, ILLEGAL DUMPING AND SCRAP TIRE MANAGEMENT › Section 20.9.20.35 - FEE SCHEDULE

Current through Register Vol. 35, No. 13, July 16, 2024
There are no fees for tire recycling facility permits,
				  storage permits, civil engineering application permits, or scrap tire haulers
				  registrations.
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 9 - SOLID WASTE › Part 20 - RECYCLING, ILLEGAL DUMPING AND SCRAP TIRE MANAGEMENT › Section 20.9.20.36 - GENERAL SITING CRITERIA FOR TIRE RECYCLING FACILITIES, STORAGE FACILITIES AND CIVIL ENGINEERING APPLICATIONS

Current through Register Vol. 35, No. 13, July 16, 2024
A. No tire recycling or storage facility
				shall be located within 25 feet of a floodplain, a watercourse (including
				arroyos), or a wetland unless the floodplain, watercourse, or a wetland has
				been altered pursuant to an approval from the U.S. army corps of engineers or
				other appropriate authority.
B. No
				civil engineering application shall be constructed in a floodplain, a waterway,
				or a wetland without authorization by the U.S. army corps of engineers or other
				appropriate authority.
C. No tire
				recycling facility or civil engineering application shall be located within
				historically or archaeologically significant sites, unless in compliance with
				the Cultural Properties Act, Sections
				18-6-1 et
				seq. NMSA 1978 and the Prehistoric and Historic Sites Preservation Act,
				Sections
				18-8-1 et
				seq. NMSA 1978.
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 9 - SOLID WASTE › Part 20 - RECYCLING, ILLEGAL DUMPING AND SCRAP TIRE MANAGEMENT › Section 20.9.20.38 - GENERAL OPERATING AND CONSTRUCTION REQUIREMENTS

Current through Register Vol. 35, No. 13, July 16, 2024
Owners and operators of all tire recycling facilities and
				  civil engineering application sites shall operate and construct the tire
				  recycling facility or civil engineering application in a manner that:
A. does not cause a public nuisance or create
				a potential hazard to public health, welfare or the environment;
B. is in compliance with rules adopted by
				state and local fire authorities; and
C. operates and maintains the facility in
				accordance with 20.9.20.37 NMAC.
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 9 - SOLID WASTE › Part 20 - RECYCLING, ILLEGAL DUMPING AND SCRAP TIRE MANAGEMENT › Section 20.9.20.39 - ADDITIONAL OPERATING REQUIREMENTS FOR ALL PERMITTED TIRE RECYCLING FACILITIES

Current through Register Vol. 35, No. 13, July 16, 2024
A. Owners
				and operators of all tire recycling facilities shall:
(1) ensure that copies of the emergency
				contingency plan that meets the requirements of 20.9.20.47 NMAC; are readily
				accessible to employees on duty;
(2) train employees when hired and at least
				annually thereafter on when and how to implement the emergency contingency plan
				that meets the requirements of 20.9.20.47 NMAC and document in the operating
				record that such training has been conducted;
(3) maintain a written operating record and
				manifests in compliance with 20.9.20.48 - 20.9.20.50 NMAC; and
(4) notify the department both orally and in
				writing within 24 hours of an incident that may negatively impact the
				environment, or human health or requires implementation of the facility's
				emergency contingency plan.
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 9 - SOLID WASTE › Part 20 - RECYCLING, ILLEGAL DUMPING AND SCRAP TIRE MANAGEMENT › Section 20.9.20.40 - ADDITIONAL OPERATING REQUIREMENTS FOR PERMITTED FACILITIES THAT STORE MORE THAN 20,000 SCRAP TIRES AT ANY ONE TIME OR PROCESSES MORE THAN 200,000 SCRAP TIRES PER YEAR

Current through Register Vol. 35, No. 13, July 16, 2024
Owners and operators of facilities that store 20,000 or more
				  scrap tires at any one time or processes 200,000 or more than scrap tires per
				  year shall:
A. post signs at the
				facility to indicate the name and address of the site, the hours of operation,
				the tire recycling facility permit number and emergency telephone numbers;
				and
B. prominently post key
				operational procedures.
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 9 - SOLID WASTE › Part 20 - RECYCLING, ILLEGAL DUMPING AND SCRAP TIRE MANAGEMENT › Section 20.9.20.41 - CIVIL ENGINEERING APPLICATION CONSTRUCTION AND MAINTENANCE REQUIREMENTS

Current through Register Vol. 35, No. 13, July 16, 2024
A.
				Scrap tires kept in temporary storage before and during construction of a civil
				engineering application will be stored in compliance with 20.9.20.37
				NMAC.
B. Copies of the emergency
				contingency plan that meets the requirements of 20.9.20.47 NMAC shall be
				readily accessible to employees on duty.
C. All civil engineering applications shall
				be constructed in a stable manner.
D. The secretary may order temporary changes
				in storage, construction or design in emergency situations when the secretary
				determines there is an imminent danger to public health, welfare or the
				environment.
E. After completion,
				all civil engineering applications should be inspected on a regular basis by
				the site owner or operator to observe any weakness or failure of the
				structure.
F. In the event of a
				crack, break or collapse of the civil engineering application, the failure will
				be repaired in a timely manner so that scrap tires do not enter contiguously
				owned property or become a health hazard.
G. Loose tires used for civil engineering
				applications shall be filled with soil or other fill material to prevent the
				tires from becoming harborage for vectors.
H. The owner or operator of a civil
				engineering application shall maintain a written operating record and retain
				manifests in compliance with 20.9.20.48 - 20.9.20.50 NMAC.
I. Upon completion of the civil engineering
				application, all excess scrap tires held in temporary storage and equipment
				used for construction shall be removed, and a final report shall be submitted
				to the department pursuant to 20.9.20.53 NMAC.
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 9 - SOLID WASTE › Part 20 - RECYCLING, ILLEGAL DUMPING AND SCRAP TIRE MANAGEMENT › Section 20.9.20.42 - ADDITIONAL CONSTRUCTION AND MAINTENANCE REQUIREMENTS FOR A CIVIL ENGINEERING APPLICATION THAT USES 100,000 OR MORE SCRAP TIRES OR IS MORE THAN TWO BALES HIGH

Current through Register Vol. 35, No. 13, July 16, 2024
If the civil engineering application constructed is different
				  from the plans submitted in the application, a professional engineer registered
				  in New Mexico shall provide stamped and sealed as-built certification of the
				  civil engineering application actually constructed.
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 9 - SOLID WASTE › Part 20 - RECYCLING, ILLEGAL DUMPING AND SCRAP TIRE MANAGEMENT › Section 20.9.20.43 - OPERATING REQUIREMENTS FOR CIVIL ENGINEERING APPLICATIONS USING SCRAP TIRES FOR LAND RECLAMATION

Current through Register Vol. 35, No. 13, July 16, 2024
A.
				Undisturbed land shall not be excavated for the purpose of filling the same
				land with a mixture of scrap tires and debris or soil. Any borrow area, hole or
				other disturbed land area to be used for a land reclamation project must have
				existed before the project, and it must have been excavated or soil removed for
				a purpose other than for the burial of tires or tire pieces.
B. Any person holding a permit for a civil
				engineering application using scrap tires for land reclamation shall:
(1) not adversely affect human health, public
				safety or the environment, either during fill operations or after the
				reclamation protect is completed;
(2) not create a public nuisance;
(3) place scrap tires below ground mixed in a
				proportion no greater than 33% scrap tires by volume with soil suitable as fill
				material and compact and grade the structure in a manner that will prevent
				erosion;
(4) maintain a written
				operating record and retain manifests in compliance with 20.9.20.48 -
				20.9.20.50 NMAC during the filling process; and
(5) not store scrap tires on the ground
				surface without burial and mixing with inert material for a period longer than
				one week.
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 9 - SOLID WASTE › Part 20 - RECYCLING, ILLEGAL DUMPING AND SCRAP TIRE MANAGEMENT › Section 20.9.20.44 - ADDITIONAL OPERATING REQUIREMENTS FOR CIVIL ENGINEERING APPLICATIONS THAT USE 10,000 OR MORE SCRAP TIRES PER YEAR FOR LAND RECLAMATION

Current through Register Vol. 35, No. 13, July 16, 2024
No more than 10 acres of land shall be reclaimed using scrap
				  tires at any one location.
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 9 - SOLID WASTE › Part 20 - RECYCLING, ILLEGAL DUMPING AND SCRAP TIRE MANAGEMENT › Section 20.9.20.45 - OPERATING REQUIREMENTS FOR SCRAP TIRE HAULERS AND TRANSPORTERS

Current through Register Vol. 35, No. 13, July 16, 2024
A. Any person who
				transports scrap tires, whether or not for hire, shall:
(1) collect and transport tires so as to
				prevent environmental, safety, and public health or welfare hazards and
				nuisances; and
(2) securely tie,
				strap or use a fully enclosed container to transport scrap tires to prevent
				loss of contents during transportation.
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 9 - SOLID WASTE › Part 20 - RECYCLING, ILLEGAL DUMPING AND SCRAP TIRE MANAGEMENT › Section 20.9.20.46 - SCRAP TIRE GENERATOR OPERATING REQUIREMENTS

Current through Register Vol. 35, No. 13, July 16, 2024
A. Each scrap tire generator is responsible
				for assuring that scrap tires are transported to a permitted or registered
				facility or beneficial agricultural operation.
B. Each scrap tire generator shall use
				manifests to document the removal and management of all scrap tires generated
				on-site.
C. Each scrap tire
				generator shall monitor and control vectors in outdoor tire storage
				areas.
D. Each scrap tire generator
				may transport its scrap tires from its own business locations to a permitted or
				registered facility or bona fide beneficial agricultural operation without a
				scrap tire hauler registration and shall provide the manifest to the final
				destination for completion. The scrap tire generator shall retain the manifest
				pursuant to 20.9.20.50 NMAC.
E.
				Each scrap tire generator shall comply with all manifesting requirements in
				20.9.20.50 NMAC.
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 9 - SOLID WASTE › Part 20 - RECYCLING, ILLEGAL DUMPING AND SCRAP TIRE MANAGEMENT › Section 20.9.20.47 - CONTINGENCY PLAN FOR EMERGENCIES

Current through Register Vol. 35, No. 13, July 16, 2024
A. Holders of tire recycling facility permits
				shall maintain a current emergency contingency plan designed to minimize
				hazards to public health, welfare or the environment.
B. A copy of the emergency contingency plan
				shall be kept at the permitted facility and copies shall be provided to the
				appropriate emergency response authorities of the local government.
C. The provisions of the emergency
				contingency plan shall be carried out immediately whenever there is a fire,
				explosion, or release of contaminants which could pose an immediate or imminent
				threat to public health, welfare or the environment.
D. The emergency contingency plan shall be
				amended immediately whenever the following occurs.
(1) The facility permit is
				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.
(5) The list
				of emergency equipment changes.
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 9 - SOLID WASTE › Part 20 - RECYCLING, ILLEGAL DUMPING AND SCRAP TIRE MANAGEMENT › Section 20.9.20.48 - RECORD KEEPING

Current through Register Vol. 35, No. 13, July 16, 2024
A. All
				persons holding a tire recycling facility permit shall maintain manifests and
				any records necessary to comply with its annual report requirements which shall
				include:
(1) the type of
				processing;
(2) the number of scrap
				tires or weight of the scrap tires received from each scrap tire generator or
				scrap tire hauler;
(3) the name,
				mailing address, contact name, telephone number and e-mail address if
				available, of each transporter that delivered scrap tires to the
				facility;
(4) the name, mailing
				address, contact name, telephone number and e-mail address if available, of the
				scrap tire generator where the scrap tires originated;
(5) the number of unprocessed scrap tire
				remaining at the site at the end of the calendar year;
(6) the number of processed scrap tire
				remaining at the site at the end of the calendar year; and
(7) the number of tire bales, if applicable,
				remaining at the site at the end of the calendar year.
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 9 - SOLID WASTE › Part 20 - RECYCLING, ILLEGAL DUMPING AND SCRAP TIRE MANAGEMENT › Section 20.9.20.49 - ANNUAL REPORTS AND FINAL REPORTS

Current through Register Vol. 35, No. 13, July 16, 2024
Any person having a tire recycling facility permit, civil
				  engineering application permit or scrap tire hauler registration shall submit
				  an annual report to the secretary within 60 days after the end of each calendar
				  year describing the operations of the past year.
A. For tire recycling facilities, the report
				shall include the following information:
(1)
				the type of processing;
(2) the
				number of scrap tires or weight of the scrap tires received annually from each
				scrap tire generator or scrap tire hauler;
(3) the name, mailing address, contact name,
				telephone number and e-mail address if available, of each transporter that
				delivered scrap tires to the facility;
(4) the name, mailing address, contact name,
				telephone number and e-mail address if available, where the scrap tires
				originated;
(5) the number of
				unprocessed scrap tire remaining at the site at the end of the calendar
				year;
(6) the number of processed
				scrap tire remaining at the site at the end of the calendar year; and
(7) the number of tire bales, if applicable,
				remaining at the site at the end of the calendar year.
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 9 - SOLID WASTE › Part 20 - RECYCLING, ILLEGAL DUMPING AND SCRAP TIRE MANAGEMENT › Section 20.9.20.50 - SCRAP TIRE MANIFEST SYSTEM

Current through Register Vol. 35, No. 13, July 16, 2024
A.
				Each shipment of ten or more scrap tires generated, or recycled or disposed in
				New Mexico, and transported by a scrap tire generator or hauler shall be
				accompanied by a scrap tire manifest that complies with this section, in a
				format approved by the department. The department will place a copy of the
				approved format on the solid waste bureau website, and will also make it
				available at the department. The manifest form shall be provided by the
				transporter or if transportation is performed by the generator, then the
				generator shall supply the manifest. The manifest form shall include:
(1) the name, physical address, mailing
				address and telephone number of the generator;
(2) the name, address, and telephone number
				of all haulers in the order each will be transporting the scrap tires; if the
				scrap tires are being transported for hire, the scrap tire or commercial
				hauler's registration number shall be included;
(3) if the hauler removes scrap tires from
				the shipment for reuse, the number and type of tires removed, the name, phone
				number and physical address, of the used tire reseller or individual to whom
				the scrap tires were delivered;
(4)
				the name, telephone number and permit or registration number of the facility to
				which the scrap tires are to be delivered;
(5) the number and type of scrap tires
				released by the scrap tire generator;
(6) the number and type of scrap tires
				delivered to the final destination;
(7) sequential numbering; and
(8) a minimum of 4 copies; copy 4 will be
				retained by the scrap tire generator upon completion of tire loading; copy 3
				will be retained by the scrap tire transporter upon delivery of tires to a
				permitted processing facility; copy 2 will be retained by the processing
				facility; copy 1, or the original copy, shall be returned to the generator by
				the processing facility in accordance with the requirements of this
				section.
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 9 - SOLID WASTE › Part 20 - RECYCLING, ILLEGAL DUMPING AND SCRAP TIRE MANAGEMENT › Section 20.9.20.51 - CLOSURE REQUIREMENTS FOR TIRE RECYCLING FACILITIES AND CIVIL ENGINEERING APPLICATIONS

Current through Register Vol. 35, No. 13, July 16, 2024
Closure plans are required in the application for a permit or
				  permit modification, pursuant to
				  20.9.20.11
				  NMAC.
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 9 - SOLID WASTE › Part 20 - RECYCLING, ILLEGAL DUMPING AND SCRAP TIRE MANAGEMENT › Section 20.9.20.52 - CLOSURE REQUIREMENTS FOR TIRE RECYCLING FACILITIES

Current through Register Vol. 35, No. 13, July 16, 2024
A. The owner or operator of the tire
				recycling facility shall prepare a written closure plan that describes the
				steps necessary for closure of the tire recycling facility and any anticipated
				future uses of the property following closure.
B. The owner or operator of the tire
				recycling facility shall notify the department in writing of the intent to
				close at least 30 days before the last day tires are to be accepted at the
				facility and shall notify the department in writing within 14 days after the
				closure is complete.
C. Within 30
				days after site closure is complete, the owner or operator shall notify the
				department certifying that all requirements have been met.
D. If the facility was required to provide
				proof of financial assurance for closure, the department shall inspect the site
				within 30 days of closure. If the closure is found to be satisfactory, the
				department shall approve the closure in writing and release the financial
				assurance instruments.
E. Owners or
				operators of tire recycling facilities shall:
(1) remove all processed and unprocessed
				tires;
(2) dismantle and remove any
				improvements related to scrap tire handling and processing, if required in the
				approved closure plan; and
(3)
				comply with all other conditions of the approved closure plan of the
				permit.
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 9 - SOLID WASTE › Part 20 - RECYCLING, ILLEGAL DUMPING AND SCRAP TIRE MANAGEMENT › Section 20.9.20.53 - COMPLETION REQUIREMENTS FOR CIVIL ENGINEERING APPLICATIONS

Current through Register Vol. 35, No. 13, July 16, 2024
Upon completion of a civil engineering application, the owner
				  or operator shall:
A. remove all scrap
				tires not used for the civil engineering application;
B. submit a completion report to the
				department within 60 days after completion. The report shall include
				photographs documenting that the project has been completed and that all scrap
				tires not used in the project have been removed; and
C. provide the department with a final report
				of the completed civil engineering application including as built drawings in
				accordance with Subsection D of 20.9.20.49 NMAC. If the civil engineering
				application used 100,000 scrap tires or more or is more than two scrap tire
				bales high, the as built shall be signed and sealed by a professional engineer
				registered in New Mexico.
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 9 - SOLID WASTE › Part 20 - RECYCLING, ILLEGAL DUMPING AND SCRAP TIRE MANAGEMENT › Section 20.9.20.54 - ADDITIONAL CLOSURE AND COMPLETION REQUIREMENTS FOR CIVIL ENGINEERING APPLICATIONS THAT USE SCRAP TIRES FOR LAND RECLAMATION

Current through Register Vol. 35, No. 13, July 16, 2024
A. For completion of a civil engineering
				application that uses scrap tires for land reclamation, the owner or operator
				shall cover the site with 30 inches of compacted native soils and 6 inches of
				top soil to provide a 36-inch final cover that meets original grade and
				implement measures where necessary to control erosion and rodent
				intrusion.
B. Upon completion of
				closure, a detailed description of the location of the land reclamation site,
				including a plat signed by a registered surveyor, shall be filed with the
				appropriate county land recording agent. 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 department. The description shall perpetually notify
				any potential purchaser of the property that:
(1) scrap tires have been used to reclaim the
				land; and
(2) if applicable, its
				use is restricted as described in the post-closure care plan.
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 9 - SOLID WASTE › Part 20 - RECYCLING, ILLEGAL DUMPING AND SCRAP TIRE MANAGEMENT › Section 20.9.20.55 - ENFORCEMENT

Current through Register Vol. 35, No. 13, July 16, 2024
of this part shall be done in compliance with the Recycling
				  and Illegal Dumping Act, Sections
				  74-13-13
				  through
				  74-13-16 NMSA
				  1978 and the Solid Waste Act, Section
				  74-9-31 and
				  Section
				  74-9-34
				  and Sections
				  74-9-36
				  through
				  74-9-38
				  NMSA 1978.
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 9 - SOLID WASTE › Part 20 - RECYCLING, ILLEGAL DUMPING AND SCRAP TIRE MANAGEMENT › Section 20.9.20.56 - RECYCLING AND ILLEGAL DUMPING FUND CRITERIA AND PROCEDURES FOR AWARDING GRANTS AND LOANS

Current through Register Vol. 35, No. 13, July 16, 2024
A. Counties,
				municipalities, cooperative associations, Indian nations, pueblos, tribes, or
				land grant communities may apply to the department for a grant, or loan for the
				purposes stated in the Recycling and Illegal Dumping Act, Sections
				74-13-12
				and
				74-13-17
				NMSA 1978.
B. Counties,
				municipalities, cooperative associations, Indian nations, pueblos, tribes, or
				land grant communities seeking a contract for abatement of illegal dumpsites or
				the recycling of scrap tires shall submit an application on a form developed by
				the department. All dumpsite abatement contract applications will be
				prioritized for award using the following criteria:
(1) number of scrap tires and estimated
				amount and type of other on-site solid waste;
(2) population within a five-mile radius of
				the illegal dumpsite or stockpile;
(3) schools, hospitals, businesses and
				industries within a five-mile radius of the illegal dumpsite or
				stockpile;
(4) the distance to
				rivers, streams and arroyos;
(5)
				the fire hazard posed; and
(6)
				whether the illegal dumpsite or stockpile is still active, and if so, what
				action, if any, is being taken by the governing body of the county,
				municipality, cooperative association, Indian nation, pueblo or tribe, or land
				grant community to terminate the activity.
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 9 - SOLID WASTE › Part 20 - RECYCLING, ILLEGAL DUMPING AND SCRAP TIRE MANAGEMENT › Section 20.9.20.57 - FINANCIAL ASSURANCE APPLICABILITY AND EFFECTIVE DATE

Current through Register Vol. 35, No. 13, July 16, 2024
A. The requirements of 20.9.20.57 -
				20.9.20.59 NMAC apply to owners and operators of all tire recycling facilities
				and civil engineering applications that use scrap tires for land reclamation
				required to provide financial assurance pursuant to Subsection B of 20.9.20.12
				NMAC and Subsection C of 20.9.20.17 NMAC, except owners and operators who are
				the United States, the state of New Mexico, or any agency, department,
				instrumentality, office, or institution of those governments whose debts and
				liabilities are the debts and liabilities of the United States or the state of
				New Mexico.
B. The owner or
				operator of a tire recycling facility modified after the effective date of
				these regulations shall have an approved financial assurance mechanism in place
				prior to implementing the modification.
C. For tire recycling facilities operating on
				or after September 1, 1995, the requirements of 20.9.20.57 - 20.9.20.59 NMAC
				apply beginning 180 days following the effective date of these
				regulations.
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 9 - SOLID WASTE › Part 20 - RECYCLING, ILLEGAL DUMPING AND SCRAP TIRE MANAGEMENT › Section 20.9.20.58 - FINANCIAL ASSURANCE FOR CLOSURES

Current through Register Vol. 35, No. 13, July 16, 2024
A. The owner or operator of a tire recycling
				facility or civil engineering application that uses scrap tires for land
				reclamation that is required to provide financial assurance pursuant to
				Subsection B of 20.9.20.12 NMAC and Subsection C of 20.9.20.17 NMAC shall
				develop a detailed written estimate, in current dollars, of the cost of hiring
				a third party to close the facility. The owner or operator shall file a copy of
				the estimate with the department concurrently with any request for approval of
				a financial assurance mechanism, and shall place a copy of the estimate in the
				operating record, and notify the department that the estimate has been placed
				in the operating record.
B. During
				the active life of the facility, the owner or operator shall annually adjust
				the cost estimate for inflation and any other factors affecting closure costs.
				A copy of the adjusted closure cost estimate shall be filed with the
				department, and a copy shall be placed in the operating record.
C. The owner or operator shall increase the
				amount of financial assurance if changes to the closure or facility conditions
				increase the maximum cost of closure or abatement at any time during the
				remaining active life by over 3 percent of the current financial assurance
				amount.
D. The owner or operator
				may reduce the amount of financial assurance for closure if the cost estimate
				exceeds the maximum cost of closure at any time during the remaining life of
				the facility, upon specific approval by the secretary. To seek approval, the
				owner or operator shall provide the adjusted cost estimate and supporting
				documentation to the department. If approved, the owner or operator may revise
				any financial assurance documents to reflect the adjusted closure cost
				estimate, and shall file a duplicate original of each financial assurance
				document with the department within 15 days following approval, and shall place
				a copy of the estimate and approval in the operating record.
E. Cost estimates for all facilities shall
				include department contract management costs of at least 10 percent of the
				estimated closure costs.
F. The
				owner or operator shall provide continuous coverage for closure until released
				from financial assurance requirements by a written verification issued by the
				secretary pursuant to Subsection D of 20.9.20.52 NMAC.
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 9 - SOLID WASTE › Part 20 - RECYCLING, ILLEGAL DUMPING AND SCRAP TIRE MANAGEMENT › Section 20.9.20.59 - ALLOWABLE MECHANISMS FOR FINANCIAL ASSURANCE

Current through Register Vol. 35, No. 13, July 16, 2024
The owner or operator of a tire recycling facility or civil
				  engineering applications that use scrap tires for land reclamation that are
				  required to post financial assurance shall select a financial assurance
				  mechanism from those allowable mechanisms for closure identified in
				  20.9.10.13
				  NMAC.
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 9 - SOLID WASTE › Part 20 - RECYCLING, ILLEGAL DUMPING AND SCRAP TIRE MANAGEMENT › Section 20.9.20.60 - VARIANCES

Current through Register Vol. 35, No. 13, July 16, 2024
Any person seeking a variance from any requirement of this
				  part shall do so in accordance with Permit Procedures - Environment Department,
				  20.1.4 NMAC.
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 9 - SOLID WASTE › Part 20 - RECYCLING, ILLEGAL DUMPING AND SCRAP TIRE MANAGEMENT › Section 20.9.20.61 - RECYCLING AND ILLEGAL DUMPING ALLIANCE

Current through Register Vol. 35, No. 13, July 16, 2024
The recycling and illegal dumping alliance shall complete the
				  requirements of Subsection C of
				  74-13-7
				  NMSA 1978.
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 9 - SOLID WASTE › Part 20 - RECYCLING, ILLEGAL DUMPING AND SCRAP TIRE MANAGEMENT › Section 20.9.20.62 - EXEMPTIONS

Current through Register Vol. 35, No. 13, July 16, 2024
Any person claiming to be exempt from the act because the
				  scrap tires will be used in an beneficial agricultural use shall demonstrate
				  that the scrap tires will be used on land that has qualified as "Special Method
				  of Valuation - Land Used Primarily For Agricultural Purposes", pursuant to
				  3.6.5.27
				  NMAC. Upon request, verification that the property upon which the tire
				  recycling facility or civil engineering application is located has been granted
				  an agricultural exemption by the assessor of the county where the tire
				  recycling facility or civil engineering application is located shall be
				  submitted to the secretary. In addition, any person claiming to be exempt from
				  the act must show, upon request, that the scrap tires are being put to a
				  beneficial agricultural use.
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 9 - SOLID WASTE › Part 20 - RECYCLING, ILLEGAL DUMPING AND SCRAP TIRE MANAGEMENT › Section 20.9.20.63 - REUSABLE TIRES

Current through Register Vol. 35, No. 13, July 16, 2024
Reusable tires shall be kept for resale for a period not to
				  exceed one year. After that time, they are considered scrap tires subject to
				  the Recycling and Illegal Dumping Act, Sections
				  74-13-1 et
				  seq. NMSA 1978 and the Solid Waste Act, Sections
				  74-9-1 et
				  seq. NMSA 1978.
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 9 - SOLID WASTE › Part 20 - RECYCLING, ILLEGAL DUMPING AND SCRAP TIRE MANAGEMENT › Section 20.9.20.64 - COMPLIANCE WITH OTHER REGULATIONS

Current through Register Vol. 35, No. 13, July 16, 2024
Compliance with this part does not relieve a person of the
				  obligation to comply with other applicable local, state and federal
				  laws.
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 9 - SOLID WASTE › Part 25 - FACILITY GRANT FUND › Section 20.9.25.3 - STATUTORY AUTHORITY

Current through Register Vol. 35, No. 13, July 16, 2024
This part is adopted under the authority of NMSA 1978,
				  Sections
				  9-7A-6.E
				  and
				  74-9-40.
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 9 - SOLID WASTE › Part 25 - FACILITY GRANT FUND › Section 20.9.25.5 - EFFECTIVE DATE

Current through Register Vol. 35, No. 13, July 16, 2024
November 30, 1995. This part amends and replaces the New
				  Mexico environment department regulations, NMED 91-2, filed June 16,
				  1991.
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 9 - SOLID WASTE › Part 25 - FACILITY GRANT FUND › Section 20.9.25.6 - OBJECTIVE

Current through Register Vol. 35, No. 13, July 16, 2024
This part governs the procedures by which municipalities and
				  counties may apply for grants for solid waste management projects, and by which
				  the department shall award such grants.
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 9 - SOLID WASTE › Part 25 - FACILITY GRANT FUND › Section 20.9.25.8 - SEVERABILITY

Current through Register Vol. 35, No. 13, July 16, 2024
If any part or application of this part is held invalid, the
				  remainder, or its application to other situations or persons, shall not be
				  affected.
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 9 - SOLID WASTE › Part 25 - FACILITY GRANT FUND › Section 20.9.25.9 - GRANT APPLICATION

Current through Register Vol. 35, No. 13, July 16, 2024
A. General
				Grant Application Requirements. Assistance is available on a competitive basis
				to qualified municipalities and counties, individually or jointly. Joint
				applications will be allowed when two or more eligible municipalities and/or
				counties within reasonable proximity of each other propose to address a common
				problem.
B. Eligibility.
(1) Grants shall be made only to applicants
				that:
(a) agree to operate and maintain any
				facility proposed for funding so that the facility will function properly over
				its structural and material design life;
(b) require the contractor of any facility
				construction project to post a performance and payment bond in accordance with
				the requirements of NMSA 1978,
				13-4-18;
(c) provide a written assurance, signed by an
				attorney, that it has proper title, easements leases. and right-of-ways to the
				property upon which any facility proposed for funding is to be constructed or
				improved;
(d) meet the requirements
				for financial capability set by the department to assure sufficient revenues to
				operate and maintain any facility proposed for funding for its useful
				life;
(e) agree to properly
				maintain financial records and to conduct an audit of the project's financial
				records;
(f) have a treasurer,
				clerk, secretary-treasurer, or other individual responsible for the financial
				aspects of the project who is bonded;
(g) employ a registered professional engineer
				licensed in the state of New Mexico to provide and be responsible for all
				engineering services on a project;
(h) provide a written notice to the
				department of completion and start of operation of any grant project;
(i) provide authorized state officials and
				representatives with access to all books, accounts, records, reports, files,
				and property or facilities pertaining to the project in order to make audits
				and inspections; and
(j) provide
				the department with quarterly accomplishment reports and an end-of-project
				report.
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 10 - HEMP POST-HARVEST PROCESSING › Part 2 - HEMP EXTRACTION, PRODUCTION, TRANSPORTATION, WAREHOUSING, AND TESTING › Section 20.10.2.1 - ISSUING AGENCY

Current through Register Vol. 35, No. 13, July 16, 2024
New Mexico Environment Department, P.O. Box 5469, Santa Fe,
				  New Mexico 87502, Telephone No. (505) 827-2855.
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 10 - HEMP POST-HARVEST PROCESSING › Part 2 - HEMP EXTRACTION, PRODUCTION, TRANSPORTATION, WAREHOUSING, AND TESTING › Section 20.10.2.2 - SCOPE

Current through Register Vol. 35, No. 13, July 16, 2024
All individuals, businesses, agencies, institutions, or other
				  entities engaged in the transportation, extraction, storage, or processing of
				  hemp products in New Mexico.
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 10 - HEMP POST-HARVEST PROCESSING › Part 2 - HEMP EXTRACTION, PRODUCTION, TRANSPORTATION, WAREHOUSING, AND TESTING › Section 20.10.2.3 - STATUTORY AUTHORITY

Current through Register Vol. 35, No. 13, July 16, 2024
The Hemp Manufacturing Act, NMSA 1978, Sections
				  76-24-1 to
				  76-24-10
				  (2017 as amended through 2019); Department of Environment Act, NMSA 1978,
				  Sections
				  9-7A-1 through
				  9-7A-15
				  (1991 as amended through 2003).
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 10 - HEMP POST-HARVEST PROCESSING › Part 2 - HEMP EXTRACTION, PRODUCTION, TRANSPORTATION, WAREHOUSING, AND TESTING › Section 20.10.2.5 - EFFECTIVE DATE

Current through Register Vol. 35, No. 13, July 16, 2024
January 28, 2020, unless a later date is cited at the end of
				  a section.
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 10 - HEMP POST-HARVEST PROCESSING › Part 2 - HEMP EXTRACTION, PRODUCTION, TRANSPORTATION, WAREHOUSING, AND TESTING › Section 20.10.2.6 - OBJECTIVE

Current through Register Vol. 35, No. 13, July 16, 2024
To establish uniform standards for the transportation,
				  extraction, processing, and testing of hemp products for the purpose of
				  ensuring the safe manufacture and accurate presentation of hemp products for
				  human consumption, absorption, and inhalation.
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 10 - HEMP POST-HARVEST PROCESSING › Part 2 - HEMP EXTRACTION, PRODUCTION, TRANSPORTATION, WAREHOUSING, AND TESTING › Section 20.10.2.8 - GENERAL PROVISIONS

Current through Register Vol. 35, No. 13, July 16, 2024
A.
Prerequisite and Responsibility for Operation:
(1) A person may not operate a hemp facility
				without a valid permit to operate as issued by the regulatory
				authority.
(2) When more than a
				single hemp facility is operated on the premises, each one shall be separately
				permitted.
(3) When a food
				processing plant permitted by the regulatory authority also operates as a hemp
				facility, both operations shall be permitted separately.
(4) Except as otherwise provided, the permit
				holder shall be responsible for all hemp facility operations conducted on the
				premises for which a permit is issued.
(5) When multiple hemp facilities are
				permitted by multiple permit holders on the same premises, each permit holder
				shall only be responsible for the hemp facility operations within the scope of
				their permit.
(6) Each permit
				holder shall be responsible for shared facilities or equipment on the
				premises.
(7) The permit holder
				shall ensure that the hemp facility remains in compliance with this part and
				the act. A violation of any provision of this part or the act may result in
				civil or criminal proceedings authorized in law, including but not limited to
				the assessment of civil penalties, the suspension or revocation of permit(s),
				destruction of hemp products, or other such actions.
(8) The issuance of a permit does not relieve
				any person operating a hemp facility from the responsibility of complying with
				other applicable laws, ordinances and regulations.
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 10 - HEMP POST-HARVEST PROCESSING › Part 2 - HEMP EXTRACTION, PRODUCTION, TRANSPORTATION, WAREHOUSING, AND TESTING › Section 20.10.2.9 - MANAGEMENT AND PERSONNEL

Current through Register Vol. 35, No. 13, July 16, 2024
A.
				Adoption of food code subparts 2-201, 2-301, and 2-401, and section 2-103.11.
				Except as otherwise provided, subpart 2-201, 2-301, and 2-401, and section
				2-103.11 of the 2017 United States food and drug administration model food code
				is hereby adopted and incorporated in its entirety.
B. A hemp facility shall have written
				procedures for employees to follow when responding to vomiting or diarrheal
				events that involve the discharge of vomitus or fecal matter onto surfaces in
				the hemp facility. The procedures shall address the specific actions employees
				must take to minimize the spread of contamination and the exposure of
				employees, consumers, food, and surfaces to vomitus or fecal matter.
C. Except as otherwise provided, the permit
				holder shall be the person in charge or shall designate a person in charge and
				shall ensure that a person in charge is present at the hemp facility during all
				hours of operation.
D. In a hemp
				facility with two or more separately permitted departments that are the legal
				responsibility of the same permit holder and that are located on the same
				premises, the permit holder may designate a single person in charge who is
				present on the premises during all hours of operation, and who is responsible
				for each separately permitted hemp facility on the premises.
E. The person in charge shall have the
				education, training, or experience necessary to supervise the production of
				clean and safe hemp product and ensure the hemp facility remains in compliance
				with this part and the act at all times.
F. Personal care items on the premises shall
				be stored in a manner to protect hemp products, other ingredients, equipment,
				and utensils from contamination at all times.
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 10 - HEMP POST-HARVEST PROCESSING › Part 2 - HEMP EXTRACTION, PRODUCTION, TRANSPORTATION, WAREHOUSING, AND TESTING › Section 20.10.2.10 - HEMP PRODUCT TRANSPORTATION REQUIREMENTS

Current through Register Vol. 35, No. 13, July 16, 2024
A. Hemp facilities shall only transport hemp
				product to NMED permitted hemp facilities or persons approved by the regulatory
				authority.
B. Except as provided in
				Subsections E and F of this section, hemp facilities shall create and utilize a
				hemp transportation manifest meeting the requirements of subsection C of this
				section when transporting hemp product.
C. A hemp transportation manifest created by
				a hemp facility shall contain the following information:
(1) Name, address, phone number, and permit
				number of the hemp facility;
(2)
				Name, address, and phone number of the person transporting the hemp
				product;
(3) The hemp
				transportation unit's:
(a) year, make, model,
				and color (if applicable); and
(b)
				license plate number;
(4)
				Batch/lot ID created by the hemp facility;
(5) Item(s) description/composition of hemp
				product;
(6) Quantity of hemp
				product;
(7) Shipping date;
				and,
(8) Destination of the hemp
				product, including the name, address, and phone number of the person receiving
				the hemp product.