New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 4 - HAZARDOUS WASTE › Part 2 - HAZARDOUS WASTE PERMIT AND CORRECTIVE ACTION FEES › Section 20.4.2.201 - TYPES OF FEES

Current through Register Vol. 35, No. 13, July 16, 2024
Every owner or operator engaged in hazardous waste
				  management activities or engaged in corrective action shall pay to NMED fees in
				  the amounts specified in Subsections A through L of 20.4.2.201 NMAC. However,
				  if an owner or operator has paid a fee for any type of permit application, or
				  for the review of a submittal, prior to the effective date of these
				  regulations, the owner or operator shall not be required to pay the fee
				  provided for by these regulations. An owner or operator who has paid a fee
				  provided for in table 2 or table 4 for permit applications or permit
				  modification requests shall be required to pay the applicable fee again if the
				  application or document is resubmitted by the owner or operator after being
				  denied under Section
				  74-4-4.2
				  NMSA 1978 and
				  20.4.1.901
				  NMAC by NMED. The secretary may in his discretion, based on good cause shown,
				  determine that the fee on resubmission should be reduced or waived.
A.
Annual
Fees:
Every owner or operator engaged in hazardous waste management activities or
				engaged in corrective action shall pay to NMED an annual fee in an amount equal
				to the sum of the annual unit fees set forth in table 1 of
				20.4.2.204
				NMAC for each unit as identified in the facility permit, part A application, or
				enforceable document, or any combination thereof as applicable.
B.
Submittal review process:
(1) For each submittal, the owner or operator
				shall pay the associated review fee as listed in the tables in
				20.4.2.205
				NMAC through
				20.4.2.210
				NMAC. NMED will conduct the review within the time specified in the tables in
				20.4.2.205
				NMAC through
				20.4.2.210
				NMAC. The secretary may grant an extension of time for good cause shown. NMED
				shall provide notice to the owner or operator of any requested time
				extension.
(2) NMED will invoice
				the owner or operator for the applicable review fee:
(a) Within 60 days of receipt of submittal,
				in the case of interim status fees, corrective action submittal fees, and other
				fees assessed under tables 3, 5, 6, and 7 of
				20.4.2.206
				NMAC and
				20.4.2.208
				NMAC through
				20.4.2.210
				NMAC.
(b) After an application is
				deemed administratively complete, in the case of application and permit
				modification fees under table 2 of
				20.4.2.205
				NMAC and table 4 of 20.4.207 NMAC. For class 2 permit modification requests the
				invoice shall be issued within 30 days of receipt and the procedures of
				40 CFR
				270.42, as incorporated by
				20.4.1.900
				NMAC, shall apply. Unless extended by the secretary, administrative
				completeness determination shall be made within 270 days of receipt of the
				submittal. If the application is incomplete, NMED shall provide the owner or
				operator with written notice that shall list those parts of the application
				that are missing and describe the specific information needed to process the
				permit application.
(3)
				The timeframe for NMED review begins after receipt of payment, except for class
				2 permit modification requests, in which case the time frame for NMED's review
				begins upon receipt of the request.
(4) NMED will provide the owner or operator
				written notice of approval, approval with modifications, disapproval, denial,
				or rejection of the submittal. If the submittal is disapproved, denied or
				rejected, NMED shall provide the owner or operator with written notice
				providing the reasons for such action.
(5) The review times specified in the tables
				in
				20.4.2.205
				NMAC through
				20.4.2.210
				NMAC shall be tolled during all periods in which NMED is awaiting a response by
				the owner or operator to a notice under Paragraph (1) of Subsection B of
				20.4.2.201 NMAC and during all time periods in which further action cannot be
				taken due to public comment and hearing requirements, except for class 2 permit
				modification requests, in which case the time frame for NMED's review begins
				upon receipt of the request.
(6) If
				NMED fails to meet a notice date pursuant to
				20.4.2.205
				NMAC through
				20.4.2.210
				NMAC, including an administrative completeness notice date, the NMED shall,
				within 10 business days after the deadline, notify the secretary and the owner
				or operator that the deadline was not met. The written notice shall state the
				reasons that the deadline was not met and propose a new deadline by which the
				NMED will act. The owner or operator may submit a written response to the
				secretary regarding its proposed remedy within 10 business days of its receipt
				of the notification. The secretary, at his or her discretion, shall establish a
				new notice date and remedy within 30 days after the secretary receives notice
				that the deadline was not met.
(7)
				In the event of a conflict between review time and notice dates in these
				regulations and in an enforceable document, the time-periods and review process
				in the enforceable documents shall control.