New Mexico Administrative Code

Except as otherwise provided, the regulations of the EPA set forth in 40 CFR Part 268 as it may be modified or amended is hereby incorporated by reference.

Except as otherwise provided, the following modifications, exceptions and omissions are made to the incorporated federal regulations. A. The substitution of "department" for the term "EPA" in 20.4.1.101 NMAC does not apply to 40 CFR Section 268.1(e)(3), as adopted in this section…

Except as otherwise provided, the regulations of the EPA set forth in 40 CFR Part 270 as it may be modified or amended is hereby incorporated by reference.

A. Permit issuance or denial. (1) Once an application is determined to be administratively and technically complete, the secretary shall prepare and issue either a draft permit or a notice of intent to deny. (a) A draft permit shall contain all conditions, compliance schedules, m…

Except as otherwise provided, the following modifications, exceptions and omissions are made to the incorporated federal regulations. A. "Qualified professional engineer" as provided for in 40 CFR Sections 270.14(a), 270.16(a), and 270.26(c)(15) shall mean an independent New Mexi…

Environmental Improvement Board.

Saving clause: Repeal and replacement of hazardous waste fees, New Mexico environmental improvement board, 20.4.2 NMAC, shall not affect any administrative or judicial enforcement action pending on the effective date of this part.

This part applies to all persons who own or operate a permitted facility at which the treatment, storage or disposal of hazardous waste is occurring or has occurred, all persons seeking or required to obtain a permit for the treatment, storage or disposal of hazardous waste or co…

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 applicati…

On or before September 30 of every year, NMED shall review the amount of fees collected and the amount of money expended administering the hazardous waste management program for the prior state fiscal year and submit a report on its review to the board. The report shall include f…

An applicant for issuance, renewal, or modification of a permit, or remedy selection shall be required to pay the following hearing fees if the secretary determines that a public hearing shall be held on the application. A. Hearing fee: The applicant shall be invoiced a hearing f…

Unit Type Fee Disposal $5,500 Treatment $4,000 Storage $3,000 Post Closure $5,500 Corrective Action Management (CAMU) $5,500 Temporary (TU) $4,000 Remedial Action Plan Unit $4,000 Corrective Action Only SWMU/AOC per Unit: $1000 Corrective Action Complete with Controls per Unit $3…

Unit Type Fee Fee for Renewal or Modification to add a unit Review Time Land Disposal $270,000 $180,000 1080 days Post Closure $120,000 $80,000 720 days Land Treatment $120,000 $80,000 360 days Surface Impoundment $100,000 $65,000 360 days Incinerator $100,000 $65,000 720 days Bo…

Unit Type Fee Amendment Fee (equivalent to Class 3 permit modification) Review Time Land Disposal or Land Treatment $20,000 $10,000 540 days Surface Impoundment $25,000 $10,000 540 days Incinerator $8,000 $4,000 270 days Boiler or Industrial Furnace $8,000 $4,000 270 days Subpart…

Modification Fee Review Time Class 1 (without prior approval) $1,800 N/A Class 1 (with prior approval) $6,500 150 days Class 2 $30,000 Refer to 20.4.1.900 NMAC (incorporating 40 CFR 270.42(b) Class 3 $100,000 540 days Class 3 - Petition for Corrective Action Complete Review/Petit…

Submittal Type Basic Review Fee Additional Unit Fee Review Time Accelerated Corrective Action Completion Report/Accelerated Corrective Measures Completion Report $11,000 $1,000 120 days Accelerated Corrective Action Work Plan/Accelerated Corrective Measures Work Plan $9,000 $1,00…

Activity Fee Review Time Land Disposal Permit Review $10,000 360 days Audit Review $30,000 60 days FFCO Administration $2,000 90 days Emergency Permit $1,000 30 days

Submittal Type Fee Review Time Change without prior approval $1,800 45 days Change with prior approval (equivalent to Class 1 permit modification) $6,500 150 days Change with prior approval (equivalent to Class 2 permit modification) $30,000 120 days Change with prior approval (e…

A. The annual fee shall be assessed for each unit identified in the facility permit, Part A application, and enforceable document on January 1 of the assessed year. The annual fee shall be waived for hazardous waste management units for which the owner or operator provides docume…

Sections 74-1-8, 74-4-4, 74-4-4.2 and 74-4-4.5 NMSA 1978.

A. Annual Fee Invoices: NMED shall invoice every owner or operator for the annual fee by October 1 of every year. B. Review Fees: Any submittals listed in tables 2 through 7 of 20.4.2.205 NMAC through 20.4.2.210 NMAC submitted by an owner or operator for review shall be invoiced …

A. Mandatory Settlement Conference: Any owner or operator seeking to appeal an invoice for fees under this part must first notify the NMED in writing of the intent to appeal the invoice within 30 calendar days of receipt of the invoice. The notice shall set forth the specific mat…

Permanent.

If any fee required by this part is not paid in full on the date due, which shall be either 60 days after receipt of the invoice or the end of an approved extension of the time for payment, the person owing the fee shall pay a billing charge of $100, plus late charges in the amou…

A. Failure to pay any fee required by this part may result in enforcement proceedings under the act including but not limited to the revocation or suspension of any permit issued by NMED pursuant to the act to the person failing to pay the fees as required. B. Fees are not refund…

December 31, 1998, unless a later date is cited at the end of a section.

All fees collected pursuant to this part shall be transmitted to the state treasurer for credit to the hazardous waste fund and used for the sole purpose of meeting necessary expenses in the administration and operation of the hazardous waste program.

Compliance with this part does not relieve a person of the obligation to comply with other applicable local, state and federal regulations.

This part shall be liberally construed to effectuate the purpose of the act.

If any provision or application of this part is held invalid, the remainder, or its application to other situations or persons, shall not be affected.

The objective of this part is to provide a schedule of fees for facilities seeking permits, currently permitted, or undergoing corrective action for past or present hazardous waste management activities. Fees paid are for deposit in the hazardous waste fund to meet necessary expe…

Unless otherwise defined in this part, the words and phrases used in this part have the same meanings as in 20.4.1 NMAC, Hazardous Waste Management regulations. As used in this part: A. Terms beginning with the letter "A": (1) "Accelerated corrective action completion report" or …

Environmental Improvement Board.

Amendment of these fee regulations shall not affect any administrative or judicial enforcement action pending on the effective date of this part.

Nothing in this part is intended to require the payment of annual hazardous waste fees on orphan hazardous waste or waste generated as a result of the cleanup of orphan hazardous waste. "Orphan hazardous waste" means hazardous waste for which a responsible party cannot be identif…

This part applies to generators of hazardous waste, and to owners and operators of hazardous waste treatment, storage and disposal facilities which receive imported hazardous waste.

Based on activities as defined in 20.4.3.7 NMAC, facilities shall pay fees to the department annually, in accordance with the provisions of this part.

Annual fees are set forth below: A. Very small quantity generator: $100; B. Small quantity generator: $500; C. Large quantity generators that generate 100,000 pounds or less of hazardous waste annually: $5,000; D. Large quantity generators that generate more than 100,000 pounds b…

A. Nothing herein is intended to affect the generator's obligations with respect to reporting or record keeping under other applicable laws and regulations. B. The total annual fees due are the cumulative total of the fees for all sites engaged in activities as defined in 20.4.3.…

The transferor must report the waste generated during the calendar year in which the transfer takes place on a form obtained from the department. This report and payment shall be submitted to the department at the time of transfer.

Subsection J of Section 74-4-4.2 NMSA 1978, directs the board to provide a schedule of business fees for businesses engaged in regulated hazardous waste activity and a schedule of generation fees for businesses generating hazardous waste.