reglab/statecodes huggingface dataset:
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 9 - SOLID WASTE › Part 8 - SPECIAL WASTE REQUIREMENTS › Section 20.9.8.2 - 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 8 - SPECIAL WASTE REQUIREMENTS › Section 20.9.8.3 - 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 8 - SPECIAL WASTE REQUIREMENTS › Section 20.9.8.6 - OBJECTIVE

Current through Register Vol. 35, No. 13, July 16, 2024
The objective of Part 8 of Chapter 9 is to establish
				  regulations governing the management of special waste, including manifest
				  requirements for the transportation of special waste.
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 9 - SOLID WASTE › Part 8 - SPECIAL WASTE REQUIREMENTS › Section 20.9.8.8 - GENERAL

Current through Register Vol. 35, No. 13, July 16, 2024
The generator of a special waste shall assure that the
				  special waste is disposed of in a solid waste facility permitted to accept the
				  special waste or treated at a permitted facility, prior to disposal, to render
				  it a non-special waste.
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 9 - SOLID WASTE › Part 8 - SPECIAL WASTE REQUIREMENTS › Section 20.9.8.9 - RESTRICTIONS

Current through Register Vol. 35, No. 13, July 16, 2024
A. No solid waste
				facility shall accept special waste unless the facility owner or operator has
				been issued a permit to accept that type of special waste for disposal,
				transfer, processing, or transformation.
B. No person may incinerate infectious waste
				except in an infectious waste incinerator permitted under 20.9.2 - 20.9.10
				NMAC.
C. A hauler of special waste
				shall not deliver special waste to any place or person except to a facility
				that has been issued a permit to accept that type of special waste for
				disposal, transfer, processing or transformation.
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 9 - SOLID WASTE › Part 8 - SPECIAL WASTE REQUIREMENTS › Section 20.9.8.10 - GENERAL REQUIREMENTS FOR SPECIAL WASTE

Current through Register Vol. 35, No. 13, July 16, 2024
A. Any person who stores a special waste
				shall assure that the special waste is stored at designated special waste
				storage areas meeting the requirements of 20.9.8 NMAC.
B. No person who stores special waste shall
				store the waste for longer than 90 days from the date the waste is placed in
				storage awaiting transportation, processing, or final disposal, unless
				otherwise approved by the department, except no person other than the generator
				shall store infectious waste for over seven days without refrigeration at or
				below 45 degrees fahrenheit.
C. A
				generator of special waste shall assure that all containers of special waste
				when deemed full and placed in storage are clearly labeled or marked,
				indicating the name and address of the generator, contents, date placed in
				storage and potential health, safety, and environmental hazards associated with
				the waste.
D. A generator of
				special waste shall assure that all containers of special waste that are
				prepared for transportation are clearly labeled or marked, indicating the name
				and address of the generator, contents, and potential health, safety, and
				environmental hazards associated with the waste.
E. A hauler of special waste shall assure
				that all containers of special waste are clearly labeled or marked prior to
				transportation, indicating the name and address of the generator, contents,
				date transported, and potential health, safety, and environmental hazards
				associated with the waste.
F. Any
				generator or hauler of special waste shall assure that a manifest in accordance
				with 20.9.8.19 NMAC accompanies each load of special waste originating in or to
				be disposed in New Mexico;
G. A
				hauler of special waste shall carry an appropriate clean-up kit in each vehicle
				used for hauling.
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 9 - SOLID WASTE › Part 8 - SPECIAL WASTE REQUIREMENTS › Section 20.9.8.11 - REQUIRED ANALYSIS

Current through Register Vol. 35, No. 13, July 16, 2024
A. The
				generator of a special waste shall document the physical and chemical
				characteristics of all special wastes for storage, transportation or disposal,
				by means of:
(1) records of the results of
				analyses performed in accordance with this section as applicable; or
(2) detailed descriptions of the generator's
				knowledge of specific wastes, including process, source and chemical and
				physical properties;
(3) or
				both.
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 9 - SOLID WASTE › Part 8 - SPECIAL WASTE REQUIREMENTS › Section 20.9.8.13 - INFECTIOUS WASTE

Current through Register Vol. 35, No. 13, July 16, 2024
A. This section
				applies:
(1) without regard to the quantity
				of infectious waste generated, to any generator of infectious waste including,
				but not limited to:
(a) general acute care
				hospitals;
(b) skilled nursing
				facility or convalescent hospitals;
(c) intermediate care facilities;
(d) in-patient care facilities for the
				developmentally disabled;
(e)
				dialysis clinics;
(f) free
				clinics;
(g) community
				clinics;
(h) employee
				clinics;
(i) health maintenance
				organizations;
(j) home health
				agencies;
(k) surgical
				clinics;
(l) urgent care
				clinics;
(m) acute psychiatric
				hospitals;
(n) blood/plasma
				centers;
(o)
				laboratories;
(p) medical
				buildings;
(q) physicians
				offices;
(r)
				veterinarians;
(s) dental
				offices;
(t)
				acupuncturists;
(u) funeral
				homes;
(v) eye clinics;
				and
(w) tattoo parlors and
				body-piercing establishments; and
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 9 - SOLID WASTE › Part 8 - SPECIAL WASTE REQUIREMENTS › Section 20.9.8.14 - ASH

Current through Register Vol. 35, No. 13, July 16, 2024
A. Transporters of
				ash shall:
(1) not accept or transport ash
				unless it has been treated or is securely covered or containerized to prevent
				release of fugitive dust;
(2) cover
				vehicles to prevent fugitive dust loss during transport; and
(3) line or seal vehicles in a manner to
				prevent any leakage of liquids or fugitive dust during transport.
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 9 - SOLID WASTE › Part 8 - SPECIAL WASTE REQUIREMENTS › Section 20.9.8.15 - PETROLEUM CONTAMINATED SOILS

Current through Register Vol. 35, No. 13, July 16, 2024
A.
				The generator of petroleum contaminated soil shall assure that all petroleum
				contaminated soils to be disposed, processed, composted, or transformed at a
				solid waste facility shall be tested under the requirements of 20.9.8.11 NMAC.
(1) All soils that are suspected to be
				contaminated with petroleum products shall be tested for total petroleum
				hydrocarbons (TPH) and other contaminants as required by the disposal
				management plan to determine the contaminants of the soil.
(2) The frequency of sampling shall be one
				representative sample per 100 cubic yards of contaminated soil, unless an
				alternate frequency is permitted or specifically approved by the secretary upon
				a demonstration that the contaminated soil is homogeneous.
(3) Copies of the results from the laboratory
				analyses shall be placed in the operating record.
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 9 - SOLID WASTE › Part 8 - SPECIAL WASTE REQUIREMENTS › Section 20.9.8.16 - SLUDGE

Current through Register Vol. 35, No. 13, July 16, 2024
A. The owner or
				operator of a landfill may dispose or use sludge as an amendment to
				intermediate or final cover material provided:
(1) the landfill owner or operator has been
				issued a permit to dispose of sludge or has received specific approval from the
				secretary to use sludge as an amendment to intermediate or final cover
				material, respectively;
(2) the
				sludge does not exceed the test parameters specified in Subsection D of this
				section; and
(3) the sludge
				contains no free liquids as determined by the paint filter liquids Test (U.S.
				EPA test method 9095), unless permitted to do otherwise under 20.9.4.17
				NMAC.
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 9 - SOLID WASTE › Part 8 - SPECIAL WASTE REQUIREMENTS › Section 20.9.8.17 - PACKING HOUSE AND KILLING PLANT OFFAL

Current through Register Vol. 35, No. 13, July 16, 2024
The owner or operator of a solid waste facility that is
				  authorized to accept offal shall have an approved disposal management plans for
				  packing house and killing plant offal ensuring that, prior to disposal at the
				  working face of a landfill, the wastes shall:
A. pass the paint filter liquids test (U.S.
				EPA test method 9095);
B. be mixed
				with soil, in a separate area of the facility, to a consistency that will
				support compaction and cover material; and
C. be covered immediately after
				disposal.
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 9 - SOLID WASTE › Part 8 - SPECIAL WASTE REQUIREMENTS › Section 20.9.8.18 - DISPOSAL OF SPECIAL WASTE NOT OTHERWISE SPECIFIED

Current through Register Vol. 35, No. 13, July 16, 2024
Any solid waste facility owner or operator who wishes to be
				  permitted to receive special wastes that do not have specified disposal
				  requirements shall submit a disposal management plan, as specified in
				  Subsection C of
				  20.9.3.9
				  NMAC, to the department for approval.
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 9 - SOLID WASTE › Part 8 - SPECIAL WASTE REQUIREMENTS › Section 20.9.8.19 - MANIFEST REQUIREMENTS

Current through Register Vol. 35, No. 13, July 16, 2024
A.
				Each generator or his authorized agent shall prepare a manifest to accompany
				each load of special waste, including:
(1)
				the name, address and telephone number of the generator and origin of the
				special waste;
(2) the name,
				address and telephone number of all haulers in the order each will be
				transporting the waste;
(3) the
				name, site address, telephone number and identification number of the solid
				waste facility to which the waste is to be delivered;
(4) the type and proper name of waste being
				shipped;
(5) the total weight or
				volume of waste prior to shipment from the generator;
(6) the type and number of containers in the
				shipment; and
(7) any special
				handling instructions.
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 9 - SOLID WASTE › Part 9 - SOLID WASTE FACILITY GROUND WATER MONITORING SYSTEM PLAN AND GROUND WATER MONITORING PLAN; CORRECTIVE ACTION › Section 20.9.9.1 - ISSUING AGENCY

Current through Register Vol. 35, No. 13, July 16, 2024
New Mexico Environmental Improvement Board.
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 9 - SOLID WASTE › Part 9 - SOLID WASTE FACILITY GROUND WATER MONITORING SYSTEM PLAN AND GROUND WATER MONITORING PLAN; CORRECTIVE ACTION › Section 20.9.9.2 - SCOPE

Current through Register Vol. 35, No. 13, July 16, 2024
This part applies to all solid waste
				  facilities.
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 9 - SOLID WASTE › Part 9 - SOLID WASTE FACILITY GROUND WATER MONITORING SYSTEM PLAN AND GROUND WATER MONITORING PLAN; CORRECTIVE ACTION › Section 20.9.9.3 - 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 9 - SOLID WASTE FACILITY GROUND WATER MONITORING SYSTEM PLAN AND GROUND WATER MONITORING PLAN; CORRECTIVE ACTION › Section 20.9.9.5 - 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 9 - SOLID WASTE FACILITY GROUND WATER MONITORING SYSTEM PLAN AND GROUND WATER MONITORING PLAN; CORRECTIVE ACTION › Section 20.9.9.6 - OBJECTIVE

Current through Register Vol. 35, No. 13, July 16, 2024
The objective of Part 9 of Chapter 9 is to establish a rule
				  governing solid waste facility ground water monitoring and corrective action
				  requirements.
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 9 - SOLID WASTE › Part 9 - SOLID WASTE FACILITY GROUND WATER MONITORING SYSTEM PLAN AND GROUND WATER MONITORING PLAN; CORRECTIVE ACTION › Section 20.9.9.8 - GROUND WATER MONITORING APPLICABILITY

Current through Register Vol. 35, No. 13, July 16, 2024
A. The owner or operator of a municipal or
				special waste landfill, unless it is a category 1 landfill, is waived under
				20.9.2.14 NMAC, or is suspended under Subsection C of this section, shall
				submit, obtain approval of, and implement a ground water monitoring system plan
				and a ground water monitoring plan in accordance with the following:
(1) owners or operators of category 4
				landfills and landfills seeking approval of lateral expansions shall obtain
				approval of a ground water monitoring system plan and ground water monitoring
				plan in compliance with 20.9.9 NMAC prior to placement of waste in the landfill
				or lateral expansion, as part of their permit or permit modification; owners or
				operators of category 4 landfills and landfills making lateral expansions shall
				implement and comply with their ground water monitoring system plan and ground
				water monitoring plan as approved;
(2) owners or operators of category 3
				landfills or landfills that closed on or after October 9, 1993 shall submit and
				obtain approval of a ground water monitoring system plan and ground water
				monitoring plan in compliance with 20.9.9 NMAC as part of their permit or
				closure or post closure care plan, and shall implement and comply with the
				approved ground water monitoring system plan and ground water monitoring plan;
				and
(3) owners or operators of
				category 2 landfills shall comply with 20.9.9 NMAC, with the exception that the
				ground water sampling parameters may be limited to those approved in the
				closure and post-closure care plan;
(4) the secretary may require monitoring for
				additional parameters as necessary to protect the public health, welfare and
				the environment.
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 9 - SOLID WASTE › Part 9 - SOLID WASTE FACILITY GROUND WATER MONITORING SYSTEM PLAN AND GROUND WATER MONITORING PLAN; CORRECTIVE ACTION › Section 20.9.9.9 - GROUND WATER MONITORING SYSTEMS AND GROUND WATER MONITORING SYSTEM PLANS

Current through Register Vol. 35, No. 13, July 16, 2024
A. A ground water
				monitoring system shall consist of a sufficient number of wells, installed at
				appropriate locations and depths, to yield ground water samples from the
				uppermost aquifer that:
(1) represent the
				background quality of ground water that has not been affected by a release from
				the landfill as determined under 20.9.9.10 NMAC; and
(2) represent the quality of ground water
				passing the detection monitoring point which shall be at the waste management
				unit boundaries on land owned by the owner of the landfill:
(a) the downgradient monitoring system shall
				be installed at the detection monitoring point;
(b) when physical obstacles preclude
				installation of ground water monitoring wells immediately downgradient from an
				existing landfills, the secretary may approve a monitoring system plan that
				provides for an alternative detection monitoring point at the closest
				practicable distances hydraulically downgradient from the landfill that ensure
				detection of ground water contamination in the uppermost aquifer.
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 9 - SOLID WASTE › Part 9 - SOLID WASTE FACILITY GROUND WATER MONITORING SYSTEM PLAN AND GROUND WATER MONITORING PLAN; CORRECTIVE ACTION › Section 20.9.9.10 - GROUND WATER MONITORING PLAN; SAMPLING AND ANALYSIS; ESTABLISHING BACKGROUND CONCENTRATION LEVELS AND ASSESSMENT MONITORING LEVELS

Current through Register Vol. 35, No. 13, July 16, 2024
A. Ground water monitoring plans shall
				describe in detail all aspects of the landfill's proposed ground water
				monitoring program. It shall include descriptions of sampling and analysis
				procedures to be used, proposed sampling frequencies, test methodologies,
				procedures that will be used to establish background concentrations of all
				constituents and parameters listed in 20.9.9.20 NMAC, assessment monitoring
				levels (AMLs), and practical quantitation limits (PQL) for each constituent
				listed in 20.9.9.20 NMAC, and any other information describing the program as
				required by this section.
B. The
				ground water monitoring plan shall include consistent sampling and analysis
				procedures that are designed to ensure monitoring results that provide an
				accurate representation of ground water quality at the upgradient and
				downgradient wells. The plan shall include procedures and techniques for:
(1) sample collection;
(2) sample preservation and
				shipment;
(3) analytical
				procedures;
(4) chain of custody
				control; and
(5) quality assurance
				and quality control.
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 9 - SOLID WASTE › Part 9 - SOLID WASTE FACILITY GROUND WATER MONITORING SYSTEM PLAN AND GROUND WATER MONITORING PLAN; CORRECTIVE ACTION › Section 20.9.9.11 - DETECTION MONITORING PLAN

Current through Register Vol. 35, No. 13, July 16, 2024
A. The
				owner or operator shall conduct detection monitoring at all ground water
				detection monitoring wells unless such monitoring has been suspended in
				accordance with Subsection C of 20.9.9.8 NMAC. The detection monitoring program
				shall include the monitoring for constituents and parameters listed and
				referenced in Subsection A of 20.9.9.20 NMAC, and shall be conducted at least
				semiannually during the active life and post-closure care period of the
				facility. After background concentrations have been approved as required in
				Subsection E of 20.9.9.10 NMAC for all constituents in Subsection A of
				20.9.9.20 NMAC, the owner or operator may request a specific approval that the
				ground water detection monitoring program description be amended to:
(1) not require testing for particular
				constituents in Subsection A of 20.9.9.20 NMAC for a municipal landfill if it
				can be shown that the particular constituents are not reasonably expected to be
				in or derived from the waste contained in the landfill; and
(2) establish an alternate list of inorganic
				indicator parameters constituents for a landfill in lieu of some or all of the
				heavy metals listed or referenced in Subsection A of 20.9.9.20 NMAC if the
				alternative constituents provide a reliable indication of inorganic releases
				from the landfill to the ground water; in determining alternative constituents,
				the department shall consider the following factors:
(a) the types, quantities, and concentrations
				of constituents in wastes managed at the landfill;
(b) the mobility, stability, and persistence
				of constituents or their reaction products in the unsaturated earth zone
				beneath the landfill;
(c) the
				detectability of the constituents, and reaction products in the ground water;
				and
(d) the concentrations or
				values and coefficients of variation of levels of the constituents in the
				ground water;
(3) allow
				annual sampling of the approved alternate list after the first year based on
				the following factors:
(a) lithology of the
				aquifer and unsaturated zone;
(b)
				hydraulic conductivity of the aquifer and unsaturated zone;
(c) ground water flow rates;
(d) minimum distance between upgradient edge
				of the landfill and downgradient monitoring well screen (minimum distance of
				travel); and
(e) resource value of
				the aquifer.
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 9 - SOLID WASTE › Part 9 - SOLID WASTE FACILITY GROUND WATER MONITORING SYSTEM PLAN AND GROUND WATER MONITORING PLAN; CORRECTIVE ACTION › Section 20.9.9.12 - ASSESSMENT MONITORING LEVELS

Current through Register Vol. 35, No. 13, July 16, 2024
A.
				Approved background ground water quality determinations shall be used as the
				baseline for determination of AMLs.
B. For all hazardous constituents, AMLs shall
				be 50 percent of the ground water protection standard.
C. If the background concentrations of any
				hazardous constituents is above 50 percent of the ground water protection
				standards, then the background concentration shall be the AML. Any
				statistically significant increase above the AML shall be an exceedence of the
				AML for that constituent.
D. If a
				ground water protection standard has not been established for a hazardous
				constituent, the AML shall be the background concentration or a 95 percent
				increase over the PQL of the constituent, whichever is greater.
E. For constituents identified in Subsections
				B and C of 20.6.2.3103 NMAC, the AMLs shall be 75 percent of the ground water
				protection standard, except pH, which shall be within the range of values shown
				in Subsection B of 20.6.2.3103 NMAC
F. If the background concentration of any
				constituent identified in Subsections B and C of 20.6.2.3103 NMAC is above 75
				percent of the ground water protection standard, then the background
				concentration shall be the AML. Any statistically significant increase above
				the AML shall be an exceedence of the AML for that constituent.
G. If more than one toxic pollutant
				identified in 20.6.2.7 NMAC is detected, the toxic pollutant criteria of the
				commission rules for the combination of constituents shall be used to determine
				a ground water standard, using the methods described in Subsection I of
				20.9.9.13 NMAC. The AML shall be 50 percent of the ground water standard, or
				the background concentration, whichever is greater. If the background
				concentration is greater than the ground water standard, then any statistically
				significant increase above the background concentration shall be an exceedence
				of the AML. However, this shall apply only in cases where such AMLs are more
				stringent than the AMLs otherwise determined under this section.
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 9 - SOLID WASTE › Part 9 - SOLID WASTE FACILITY GROUND WATER MONITORING SYSTEM PLAN AND GROUND WATER MONITORING PLAN; CORRECTIVE ACTION › Section 20.9.9.13 - ASSESSMENT MONITORING

Current through Register Vol. 35, No. 13, July 16, 2024
A. Owners
				and operators shall conduct assessment monitoring whenever the AML has been
				exceeded for one or more constituent of Subsection A of 20.9.9.20 NMAC or an
				alternate constituent list approved under Subsection A of 20.9.9.11 NMAC unless
				a demonstration has been approved pursuant to Paragraph (3) of Subsection C of
				20.9.9.11 NMAC. Assessment monitoring shall be conducted in accordance with an
				assessment monitoring plan, approved in accordance with Subsection C of
				20.9.9.11 NMAC.
B. Within 90 days
				of the determination of an exceedance under Subsection M of 20.9.9.10 NMAC, and
				annually thereafter, the owner or operator shall sample and analyze the ground
				water for all constituents and parameters referenced and listed in Subsections
				B and C of 20.9.9.20 NMAC for each downgradient well. For any constituents
				detected in the downgradient wells as a result of the complete analysis, a
				minimum of four independent samples from each well (upgradient and
				downgradient) shall be collected and analyzed to establish background for the
				constituents for which background has not been established. Sampling data and
				proposed background concentration shall be submitted to the department within
				180 days of the determination of an exceedance under Subsection M of 20.9.9.10
				NMAC. The upgradient concentrations shall be presumed to be the background
				unless the owner or operator demonstrates that hydrogeological conditions are
				such that sampling at other points will provide an indication of background
				ground water quality that is as representative or more representative than that
				provided at the upgradient wells. The department shall approve background
				levels for those detected constituents for which background concentrations have
				not previously been determined within 60 days, or the upgradient concentrations
				shall be deemed to be the background concentrations.
C. The department may specifically approve an
				alternative frequency or subset of wells for repeated sampling for assessment
				monitoring during the active life and post-closure care period of the facility.
				In determining an alternative frequency or subset of wells, the department
				shall consider:
(1) lithology of the aquifer
				and unsaturated zone;
(2) hydraulic
				conductivity of the aquifer and unsaturated zone;
(3) ground water flow rate;
(4) minimum distance between the waste
				management unit boundary and downgradient monitoring well screen;
(5) resource value of the aquifer;
				and
(6) nature of any constituents
				detected.
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 9 - SOLID WASTE › Part 9 - SOLID WASTE FACILITY GROUND WATER MONITORING SYSTEM PLAN AND GROUND WATER MONITORING PLAN; CORRECTIVE ACTION › Section 20.9.9.14 - CORRECTIVE ACTION LEVELS

Current through Register Vol. 35, No. 13, July 16, 2024
A.
				Background water quality data approved by the department shall be used as the
				baseline to determine corrective action levels (CALs).
B. For all constituents, CALs shall be the
				ground water protection standard.
C. If the background concentrations of any
				constituent is above what would otherwise be the ground water protection
				standards, then the background concentration shall be used as the CAL. Any
				statistically significant increase above the CAL shall be considered an
				exceedence of the CAL for that constituent.
D. If more than one potential toxic
				pollutant, as defined in 20.6.2.7 NMAC, is detected, the potential toxic
				pollutant criteria of the commission rules for the combination of constituents
				shall be used to determine the CALs. If the background concentration is greater
				than the ground water standard, then any statistically significant increase
				above the background concentration shall be an exceedence of the CAL. However,
				this shall apply only in cases where such CALs are more stringent than the CALs
				otherwise determined under this section.
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 9 - SOLID WASTE › Part 9 - SOLID WASTE FACILITY GROUND WATER MONITORING SYSTEM PLAN AND GROUND WATER MONITORING PLAN; CORRECTIVE ACTION › Section 20.9.9.15 - ASSESSMENT OF CORRECTIVE MEASURES

Current through Register Vol. 35, No. 13, July 16, 2024
A. Upon finding that any constituent listed
				in 20.9.9.20 NMAC has exceeded its CAL, the owner or operator shall initiate an
				assessment of corrective measures. Such an assessment shall be submitted to the
				department within 180 days of the finding.
B. The owner or operator shall continue to
				monitor in accordance with the assessment monitoring program as specified in
				20.9.9.13 NMAC.
C. The assessment
				shall include a demonstration of:
(1) the
				extent and nature of contamination;
(2) the practical capabilities of remedial
				technologies in achieving compliance with ground water protection standards and
				other objectives of the remedy;
(3)
				the availability of treatment or disposal capacity for wastes managed during
				implementation of the remedy;
(4)
				the desirability of utilizing technologies that are not currently available,
				but which may offer significant advantages over available technologies in terms
				of effectiveness, reliability, safety, or ability to achieve remedial
				objectives;
(5) the potential risks
				to public health, welfare and the environment from exposure to contamination
				prior to completion of the remedy;
(6) the resource value of the aquifer
				including:
(a) current and future
				uses;
(b) proximity and withdrawal
				rate of users;
(c) ground water
				quantity and quality;
(d) the
				potential damage to wildlife, crops, vegetation, and physical structures caused
				by exposure to waste constituents;
(e) the hydrogeologic characteristic of the
				facility and surrounding land;
(f)
				ground water removal and treatment costs; and
(g) the cost and availability of alternative
				water supplies;
(7) the
				practicable capability of the owner or operator;
(8) the performance, reliability, ease of
				implementation, and potential impacts of appropriate potential remedies,
				including safety impacts, cross-media impacts and control of exposure to any
				residual contamination;
(9) the
				time required to begin and complete the remedy;
(10) the costs of remedy
				implementation;
(11) the
				institutional requirements for local permits or other environmental or public
				health requirements that may substantially affect implementation of the
				remedy(s);
(12) the need for
				interim measures in accordance with provisions of Paragraph (3) of Subsection A
				of 20.9.9.17 NMAC;
(13) an analysis
				of the effectiveness of potential corrective measures in meeting all of the
				requirements and objectives and evaluation factors of the remedy as described
				in 20.9.9.16 NMAC; and
(14) other
				relevant factors.
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 9 - SOLID WASTE › Part 9 - SOLID WASTE FACILITY GROUND WATER MONITORING SYSTEM PLAN AND GROUND WATER MONITORING PLAN; CORRECTIVE ACTION › Section 20.9.9.16 - SELECTION OF REMEDY

Current through Register Vol. 35, No. 13, July 16, 2024
A. Based on the
				results of the corrective measures assessment conducted under 20.9.9.15 NMAC,
				the owner or operator shall, within 120 days following the submission of the
				assessment of corrective measures, submit a proposed remedy to the department
				for review and approval that meets the standards listed in this section. The
				secretary may issue an order approving, approving with conditions, denying the
				proposed remedy, may require submission of an alternative proposed remedy, or
				may impose a remedy whether or not proposed by the owner or operator.
B. Prior to approving or imposing a remedy,
				the department shall hold a hearing on the remedy proposed by the owner or
				operator and any draft remedy proposed by the department. The owner or operator
				shall be required to provide notice of hearing on the proposed remedy or
				remedies in accordance with Section
				74-9-22
				NMSA 1978. Hearing procedures shall be in accordance with Permit Procedures -
				Environment Department, 20.1.4 NMAC.
C. The selected remedy shall:
(1) be protective of public health, welfare
				and the environment;
(2) attain the
				CAL;
(3) control the source(s) of
				releases so as to reduce or eliminate, to the maximum extent practicable,
				further releases into the environment that may pose a threat to public health,
				welfare or the environment;
(4)
				comply with standards for management of wastes as specified in Subsection C of
				20.9.9.17 NMAC.
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 9 - SOLID WASTE › Part 9 - SOLID WASTE FACILITY GROUND WATER MONITORING SYSTEM PLAN AND GROUND WATER MONITORING PLAN; CORRECTIVE ACTION › Section 20.9.9.17 - IMPLEMENTATION OF A CORRECTIVE ACTION PROGRAM

Current through Register Vol. 35, No. 13, July 16, 2024
A. Based on the schedule approved by the
				secretary under Subsection F of 20.9.9.16 NMAC for initiation and completion of
				remedial activities, the owner or operator shall:
(1) establish and implement a corrective
				action ground water monitoring program that:
(a) at a minimum, meets the requirements of
				an assessment monitoring program under 20.9.9.13 NMAC;
(b) will indicate the effectiveness of the
				corrective action remedy; and
(c)
				demonstrates compliance with the corrective action levels;
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 9 - SOLID WASTE › Part 9 - SOLID WASTE FACILITY GROUND WATER MONITORING SYSTEM PLAN AND GROUND WATER MONITORING PLAN; CORRECTIVE ACTION › Section 20.9.9.18 - APPROVED LABORATORIES

Current through Register Vol. 35, No. 13, July 16, 2024
For the purpose of determining compliance with the
				  requirements of 20.9.9 NMAC, within one year of the effective date of this
				  part, analytical results may be considered only if they have been determined by
				  a laboratory acceptable to the department as specified in this section. The
				  department may accept analytical results if they have been determined
				  by:
A. the scientific laboratory
				division of the New Mexico department of health or other laboratories certified
				by the U.S. EPA; a laboratory, other than the scientific laboratory division,
				shall provide the department documentation of its certification by the U.S.
				EPA;
B. a laboratory certified by
				an official agency of a state and approved by the department; a laboratory
				shall provide the department documentation of its certification by an official
				agency of a state for review and approval; or
C. a laboratory accredited by an approved
				third party accreditation organization and approved by the department; a third
				party accreditation organization shall submit a quality assurance project plan
				to the department for review and approval.
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 9 - SOLID WASTE › Part 9 - SOLID WASTE FACILITY GROUND WATER MONITORING SYSTEM PLAN AND GROUND WATER MONITORING PLAN; CORRECTIVE ACTION › Section 20.9.9.19 - DEPARTMENT APPROVAL OF BACKGROUND AND TOXIC POLLUTANT STANDARDS

Current through Register Vol. 35, No. 13, July 16, 2024
All background levels proposed by the owner or operator are
				  subject to review and approval by the secretary. All ground water protection
				  standards proposed for toxic pollutants listed in
				  20.6.2.7
				  NMAC are subject to review and approval by the secretary.
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 9 - SOLID WASTE › Part 9 - SOLID WASTE FACILITY GROUND WATER MONITORING SYSTEM PLAN AND GROUND WATER MONITORING PLAN; CORRECTIVE ACTION › Section 20.9.9.20 - CONSTITUENTS AND PARAMETERS

Current through Register Vol. 35, No. 13, July 16, 2024
Constituents and parameters to be evaluated under the
				  requirements of 20.9.9.1 -
				  20.9.9.19
				  NMAC include:
A. every constituent
				listed in the following:
(1)40 CFR 258
				Appendix I;
(2) 20.6.2.3103 NMAC,
				including the parameter of pH;
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 9 - SOLID WASTE › Part 10 - FINANCIAL ASSURANCE › Section 20.9.10.2 - 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 10 - FINANCIAL ASSURANCE › Section 20.9.10.3 - 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 10 - FINANCIAL ASSURANCE › Section 20.9.10.6 - OBJECTIVE

Current through Register Vol. 35, No. 13, July 16, 2024
The objective of Part 10 of Chapter 9 is to establish a rule
				  governing financial assurance requirements for solid waste facilities,
				  composting facilities and recycling facilities.
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 9 - SOLID WASTE › Part 10 - FINANCIAL ASSURANCE › Section 20.9.10.8 - APPLICABILITY AND EFFECTIVE DATE

Current through Register Vol. 35, No. 13, July 16, 2024
A.
				The requirements of 20.9.10 NMAC apply to owners and operators of all solid
				waste facilities and composting and recycling facilities required to provide
				financial assurance pursuant to Subsection C of 20.9.3.28 NMAC and Subsection E
				of 20.9.3.29 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. Owners or
				operators of composting and recycling facilities required to provide financial
				assurance pursuant to Subsection C of 20.9.3.28 NMAC and Subsection E of
				20.9.3.29 NMAC are not required to provide financial assurance for post-closure
				care, phase I and II assessments or corrective action.
B. The owner or operator of a category 5
				landfill or any solid waste facility modified after the initial effective date
				of this section shall submit to the department proof of financial assurance
				prior to the initial receipt of waste.
C. For municipal landfills operating on or
				after April 9, 1997, or solid waste facilities permitted after January 30,
				1992, the requirements of 20.9.10 NMAC apply. For landfills that have been
				granted a waiver under 20.9.2.14 NMAC, the requirements of 20.9.10 NMAC
				apply.
D. Multiple facilities under
				one permit shall be treated individually for the purposes of 20.9.10 NMAC.
				Estimates and assurance must be given for each facility, but multiple
				facilities may be covered by the same mechanism(s).
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 9 - SOLID WASTE › Part 10 - FINANCIAL ASSURANCE › Section 20.9.10.10 - FINANCIAL ASSURANCE FOR POST-CLOSURE CARE

Current through Register Vol. 35, No. 13, July 16, 2024
A. The owner or operator of a solid waste
				facility shall develop a detailed written estimate, in current dollars, of the
				cost of hiring a third party to conduct post-closure care for the facility in
				compliance with the post-closure care plan developed under 20.9.6 NMAC. The
				post-closure care cost estimate shall account for the total costs of conducting
				post-closure care, including annual and periodic costs as described in the
				post-closure care plan over the entire post-closure care period. This estimated
				cost should also include estimated costs for an independent project manager and
				contract administration. The owner or operator may submit a subsidiary schedule
				showing, for the permit life of the facility, the annual incremental acreage
				and total acreage needing post-closure care and the corresponding estimate of
				post-closure costs. The owner or operator shall file a copy of the estimate
				with the department concurrently with proof of financial assurance and shall
				notify the department that copies have also been placed in the operating
				record.
(1) The cost estimate for
				post-closure care shall be based on the most expensive costs for care during
				the post-closure period. Should the owner or operator submit a subsidiary
				schedule as described in Subsection A of this section, the amount guaranteed
				annually for post-closure care during the permit life of the facility may be in
				accordance with this schedule upon approval by the secretary. If the owner or
				operator, upon inspection, is found to have exceeded the acreage shown on the
				subsidiary schedule, the subsidiary schedule and the amount of financial
				assurance shall be increased within sixty days.
(2) During the active life of the facility
				and during the post-closure care period, the owner or operator shall annually
				adjust the post-closure care estimate for inflation, and any other factors
				affecting post-closure care costs. The owner or operator shall place a copy of
				the adjusted estimate in the operating record.
(3) The owner or operator shall increase the
				amount of financial assurance if changes in the post-closure care plan or
				facility conditions increase the maximum cost of post-closure care by over
				three percent of the current financial assurance amount.
(4) The owner or operator may reduce the
				amount of financial assurance if the adjusted cost estimate exceeds the maximum
				cost of care remaining over the post-closure period, upon specific approval by
				the secretary. To seek approval, the owner or operator shall provide the
				reduced post-closure care cost estimate and any justification for the reduced
				estimate in a request to the department.
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 9 - SOLID WASTE › Part 10 - FINANCIAL ASSURANCE › Section 20.9.10.11 - FINANCIAL ASSURANCE FOR PHASE I & PHASE II ASSESSMENTS

Current through Register Vol. 35, No. 13, July 16, 2024
A. Unless suspended
				from the requirements of 20.9.9.9 - 20.9.9.13 NMAC in accordance with
				Subsection C of 20.9.9.8 NMAC, the owner or operator shall develop a detailed
				written estimate, in current dollars, of the cost of hiring a third party to
				conduct activities of the phase I (20.9.9.13 NMAC) and phase II (20.9.9.15
				-20.9.9.16 NMAC) assessments. The phase I and phase II assessments cost
				estimate shall account for the entire cost of the phase I and phase II
				assessments for the entire assessment period. This estimated cost should also
				include estimated costs for an independent project manager and contract
				administration. The owner or operator shall file a copy of the estimate with
				the department concurrently with proof of financial assurance and shall notify
				the department that copies have also been placed in the operating record. The
				estimate may contain a subsidiary schedule showing the amount necessary to
				perform a phase I assessment if a release is detected. Should the owner or
				operator submit a subsidiary schedule, the amount guaranteed annually may be in
				accordance with this schedule upon approval by the secretary.
(1) During the permit life of the facility
				and during the post-closure care period, the owner or operator shall annually
				adjust the phase I and phase II assessments estimate for inflation and any
				other factors affecting phase I and phase II assessment costs.
(2) The owner or operator shall increase the
				amount of financial assurance for phase I and phase II assessment costs if
				changes in the phase I and phase II assessments or facility conditions increase
				the maximum costs of the phase I and phase II assessments by over three percent
				of the current financial assurance amounts for phase I and phase II
				costs.
(3) The owner or operator
				may reduce the amount of the phase I and phase II financial assurance if the
				cost estimate exceeds the maximum remaining cost for the phase I and phase II
				assessments, upon specific approval by the secretary. To seek approval, the
				owner or operator shall provide a revised cost estimate and supporting
				documentation to the department. If approved, the owner or operator shall place
				a copy of the revised cost estimate in the operating record, shall notify the
				secretary that the estimate has been placed in the operating record and shall
				file a copy with the department.
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 9 - SOLID WASTE › Part 10 - FINANCIAL ASSURANCE › Section 20.9.10.12 - FINANCIAL ASSURANCE FOR CORRECTIVE ACTION

Current through Register Vol. 35, No. 13, July 16, 2024
A. An owner or operator of a facility
				required to undertake a corrective action program under 20.9.9.13 -20.9.9.17
				NMAC, or required to guarantee any portion of a corrective action program as a
				condition of any permit or order by the secretary, shall develop a detailed
				written estimate, in current dollars, of the cost of hiring a third party to
				perform the corrective action. The corrective action cost estimate shall
				account for the total costs of activities as described in the corrective action
				plan for the entire corrective action period. This estimated cost should also
				include estimated costs for an independent project manager and contract
				administration. The owner or operator shall file a copy of the estimate with
				the department concurrently with proof of financial assurance and shall notify
				the department that copies have also been placed in the operating record.
(1) The owner or operator shall annually
				adjust the estimate for inflation and any other factors affecting the
				corrective action costs until the corrective action program is
				completed.
(2) The owner or
				operator shall increase the amount of financial assurance if changes in the
				corrective action program or facility conditions increase the maximum costs of
				corrective action by over three percent of the current financial assurance
				amounts for corrective action costs.
(3) The owner or operator may reduce the
				amount of the financial assurance if the cost estimate exceeds the maximum
				remaining cost of corrective action, upon specific approval by the secretary.
				To seek approval, the owner or operator shall provide the revised cost estimate
				and supporting documentation to the department. If approved, the owner or
				operator shall notify the secretary when notice of the amount of financial
				assurance has been placed in the operating record.
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 9 - SOLID WASTE › Part 10 - FINANCIAL ASSURANCE › Section 20.9.10.13 - ALLOWABLE MECHANISMS

Current through Register Vol. 35, No. 13, July 16, 2024
A. The
				owner or operator shall establish a financial assurance mechanism to ensure
				that the funds necessary to meet the costs of closure, post-closure care, phase
				I and phase II assessments, and corrective action for known releases will be
				available whenever they are needed. The allowed mechanisms are:
(1) trust fund;
(2) surety bond;
(3) irrevocable letter of credit;
(4) insurance;
(5) risk management pool;
(6) local government financial
				test;
(7) local government
				guarantee;
(8) local government
				reserve fund;
(9) corporate
				financial test; or
(10) multiple
				mechanisms.