New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 9 - SOLID WASTE › Part 8 - SPECIAL WASTE REQUIREMENTS › Section 20.9.8.12 - ASBESTOS WASTE

Current through Register Vol. 35, No. 13, July 16, 2024
A. The
				generator of asbestos waste shall prevent public access to asbestos wastes at
				the point of generation. Haulers of asbestos waste shall prevent public access
				to asbestos waste during transportation.
B. Generators of asbestos waste shall
				determine whether the asbestos waste is regulated asbestos waste. If it is not
				regulated asbestos waste, and it is to be disposed as non-regulated asbestos
				waste, the generator shall assure that the asbestos waste is handled in a
				manner to prevent the asbestos waste from becoming regulated asbestos waste.
				The handling of non-regulated asbestos waste shall include measures to assure
				that any category I non-friable asbestos containing material is not subjected
				to sanding, grinding, cutting or abrading and that any category II non-friable
				asbestos containing material is not subjected to forces expected to break,
				crumble, pulverize or reduce the material to powder during the course of
				excavation, renovation, demolition, or storage, and that it is disposed at a
				permitted landfill. If the waste is regulated asbestos waste it shall be
				disposed at a landfill permitted to accept regulated asbestos waste and shall
				be handled accordingly.
C. If
				non-regulated asbestos waste is to be disposed as non-regulated asbestos waste,
				the hauler of non-regulated asbestos waste shall handle the waste in a manner
				to prevent the asbestos waste from becoming regulated asbestos waste. The
				handling of non-regulated asbestos waste by a hauler shall include measures to
				assure that any category I non-friable asbestos containing material is not
				subjected to abrading and that any category II non-friable asbestos containing
				material is not subjected to forces expected to break, crumble, pulverize or
				reduce the material to powder during the course of storage, transportation, or
				while exposed during disposal operations. The hauler shall notify the landfill
				operator that the load contains non-regulated asbestos waste that must be
				disposed of in a manner to prevent breakage and release of fibers while exposed
				during disposal operations.
D. A
				landfill that accepts non-regulated asbestos waste shall assure that the
				asbestos containing material is not broken, abraded, crumbled, pulverized or
				reduced to powder while exposed during disposal operations. The non-regulated
				asbestos waste shall be covered with at least six inches of non-waste
				containing material prior to compaction.
E. The generator of regulated asbestos waste
				shall properly wet and containerize the waste. No hauler shall accept or
				transport regulated asbestos waste unless the waste has been properly wetted
				and containerized.
(1) Regulated asbestos
				waste is properly wetted when its moisture content prevents fiber
				release.
(2) Regulated asbestos
				waste is properly containerized when it is placed in a plastic bag of 6-mil or
				thicker, sealed in such a way to be leak-proof, and the amount of void space or
				air in the bag is minimized. Asbestos waste slurries shall be packaged in
				leak-proof drums if they are too heavy for the plastic bag containers.
				Regulated asbestos waste may also be containerized by double bagging, using
				plastic-lined cardboard containers, plastic-lined metal containers, or the use
				of vacuum trucks for the transport of slurry.
(a) Pipes or other facility components that
				are removed as sections without first removing the asbestos shall be wrapped in
				a minimum of 6-mil plastic sufficient to prevent asbestos fibers from
				escaping.
(b) The hauler shall
				ensure that regulated asbestos waste is properly contained in a manner to
				prevent asbestos fibers from escaping and with appropriate labels, and that the
				outsides of the containers are not contaminated with asbestos debris adhering
				to the containers. The transporter shall not accept nor transport regulated
				asbestos waste if there is a reason to believe that the condition of the
				asbestos waste may allow fiber release.
(3) The hauler shall ensure that the
				regulated asbestos waste containers are loaded into the transport vehicle in a
				manner which prevents the breaking of the containers. The hauler shall ensure
				that the asbestos waste containers are transferred at the disposal site in such
				a manner to prevent fiber release.
(a) If the
				hauler discovers that the regulated asbestos waste is not properly
				containerized in conformance with Paragraph (2) of this subsection, the hauler
				shall immediately clean up the contaminated area and repair or reseal the
				container by appropriate methods. The department shall be notified of any
				release within 24 hours. The transporter shall ensure that all containers in
				his possession are of adequate design and condition to prevent the release of
				fibers during transport.
(b)
				Vehicles used for transport of containerized regulated asbestos waste shall
				have an enclosed carrying compartment or utilize a canvas or plastic lined
				covering sufficient to contain the transported waste, prevent damage to
				containers, and prevent fiber release. All surfaces of vehicles and other
				asbestos handling equipment and facilities shall be maintained free from the
				accumulation of dusts and waste containing asbestos and shall have a smooth,
				non-absorbent finish. No vehicle which uses compactors to reduce waste volume
				may be used to transport asbestos waste. Vacuum trucks used to transport waste
				slurry shall be inspected to ensure that liquid is not leaking from the
				truck.
(c) The hauler of the
				regulated asbestos waste shall notify the landfill operator that the load
				contains regulated asbestos waste.