New Mexico Administrative Code

Permanent.

Business fees shall be paid for each of the events outlined in 20.4.3.401 NMAC.

Business fees are set forth in the schedules below and due at time of request. A. Episodic generators, for each planned or unplanned event: $500; B. Generators or co-generators requesting temporary or emergency EPA identification number: $100; C. Salvage yards, for each complianc…

A. The business fee shall be paid in full if applicable during any part of the calendar year. B. The business fees are due for all sites engaged in activities as defined in 20.4.3.7 NMAC during the calendar year prior to the year in which the fees are to be paid, subject to the l…

March 5, 2020, unless a different date is cited at the end of a section or paragraph

The annual fees for which this part provides are due and payable on August 1 of each year.

The person paying fees under this part shall complete a fee report form obtained from the department, and submit the report to the department, together with any documentation requested by the department. The report shall include a certification of the truthfulness of all of the m…

The certification required by 20.4.3.501 NMAC shall be made on oath or affirmation in accordance with Sections 14-13-1 and 14-13-2 NMSA 1978, by the chief executive officer or his designee in the case of a corporation, the managing partner in the case of a partnership, the propri…

The objective of this part is to provide a schedule of annual fees for hazardous waste generators and treatment, storage and disposal facilities which receive imported hazardous waste, as well as business fees for specific activities or events. The annual and business fees collec…

If any fee for which this part provides is not paid in full when due, the person owing the fee shall pay a billing charge of one hundred dollars ($100), plus late charges in the amount of an additional one percent of all fees owed for every month or part of a month in which the f…

A. The department may at any time verify the accuracy of reports submitted and amounts paid pursuant to this part. It may use any relevant information for verification purposes, including, but not limited to, the biennial reports submitted pursuant to 20.4.1 NMAC, Hazardous Waste…

A. A notice of fee assessment issued under Subsection C of 20.4.3.601 NMAC may be appealed by filing a written request for hearing with the hearing clerk designated by the secretary within thirty days of the date of the notice. The written request shall be accompanied by a copy o…

A. Failure to complete or submit a report in the manner required by 20.4.3.501 NMAC, or to pay fees in full when due, may result in enforcement proceedings under the act. Enforcement actions may include, but are not limited to, the revocation or suspension of any permit issued by…

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. As used in this part: A. "Act" means the New Mexico Hazardous Waste Act, Sections 74-4-1 to 74-4-14 NMSA 1978; B. "Annual fee" mean…

All persons subject to this part are required to retain the documentation necessary to support their fee calculations, including all records used as a basis for the calculations.

The records required by 20.4.3.700 NMAC, together with copies of any fee reports submitted under these regulations, shall be retained for three years from the date of payment of the fees to which the records and reports apply. The periods of record retention required by this sect…

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.

Within 90 days of the end of each state fiscal year, the department shall prepare and submit to the environmental improvement board a report describing the funds received pursuant to these regulations and the activities performed with the use of these funds. This report shall be …

Compliance with this part does not relieve a person of the obligation to comply with other applicable 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.

Hazardous Materials Safety Board.

This Part applies to personnel of state agencies who participate as trainers or responders in hazardous material accident responses governed by the Emergency Management Act, NMSA 1978 Sections 74-4B-1 et seq.

A. GENERAL REQUIREMENTS: (1) All courses and the instructors of courses under this program will be sponsored by one or more of the following state agencies: Department of Public Safety Law Enforcement Academy, University of New Mexico Emergency Medical Services Academy, Firefight…

This Part is adopted pursuant to the Emergency Management Act, NMSA 1978, Sections 74-4B-1 to 74-4B-14, specifically Section 74-4B-8(B).

Permanent.

October 15, 1996. This Part amends and replaces the "Curriculum of Hazardous Material Accident Response Training and Certification Program", SP/HMER-2, filed February 5, 1991, as amended.

This Part is intended to enable state agencies to assure that their respective employees comply with OSHA regulations for training and response to a hazardous materials incident. Courses approved by the Board will meet or exceed the requirements established by 29 CFR 1910.120 as …

[RESERVED]

It is the responsibility of employers whose employees are engaged in emergency response to comply with all requirements established under 29 CFR 1910.120. State employees who must respond as part of their duties to a hazardous materials incident must follow these guidelines where…

Instructors who teach any of the relevant subjects shall have good command of the subject matter of the course they are to teach. Additionally, they should have documented training and/or academic credentials and instructional experience necessary to demonstrate competent instruc…

Environmental Improvement Board.

A. Upon identification of a clandestine drug laboratory by a law enforcement agency where chemicals and equipment were removed or residual contamination was observed, the agency shall take the following actions. (1) Post a notice of contamination in a conspicuous place at the cla…

The notice of contamination required by 20.4.5.10 NMAC shall contain the following in both English and Spanish or other appropriate tribal language. A. The word "warning" in large bold type at the top and bottom of the notice. B. A statement that a clandestine drug laboratory was…

A. The owner of a clandestine drug laboratory is responsible for providing proof to the department that the property has been remediated in compliance with 20.4.5.16 NMAC. B. Within seven days of the department determining that a clandestine drug laboratory has been remediated in…

A. An owner shall not sell, lease, rent, loan, assign, exchange or otherwise transfer the clandestine drug laboratory property unless the owner does the following: (1) provides written notice to the purchaser, lessee, renter, borrower, assignee, exchange partner or other transfer…

A. The department shall maintain a list of clandestine drug laboratory sites on the department's web site based on information received from law enforcement agencies. B. Within ten days of the department notifying the owner of its approval pursuant to Subsection B of 20.4.5.18 NM…

A. The owner of the property shall retain a remediation firm to perform a preliminary assessment of the residually contaminated portion of the property to determine the extent of the contamination and the nature of the required remediation within seven days of the day of delivery…

The evaluation and cleanup of residual contamination found at clandestine drug laboratories after chemicals and equipment have been removed shall meet the following standards. A. Remediation Firms. (1) Any preliminary assessment, remediation, and post-remediation assessment of a …

At a minimum, the remediation firm shall conduct sampling and testing for all of the constituents listed below unless evidence indicates that such constituents were not used in the operation of the clandestine drug laboratory. All interior areas of the residually contaminated por…

A. Upon receipt of the remediation report, the department shall review the report to determine if the remediation of the residually contaminated portion of the property was completed pursuant to the requirements in this part within 30 days. B. The department shall notify the owne…

A. Where a county or municipality has adopted an ordinance or other rule regarding the remediation of clandestine drug laboratories before the effective date of this part, the county or municipality may continue to apply and enforce such rules in lieu of the rules in this part. B…

This part applies to all law enforcement agencies who discover a clandestine drug laboratory, all persons who own a clandestine drug laboratory property, and all persons engaging in remediation of a clandestine drug laboratory.

A. Failure to comply with the remediation standards required by this part may result in enforcement proceedings under Section 74-4-10 NMSA 1978, including but not limited to the following actions. (1) Issuing a compliance order requiring compliance immediately or within a specifi…

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.

Section 74-4-4.B NMSA 1978 and Section 74-1-8.A(7) NMSA 1978 (as amended).

Permanent.