New Mexico Administrative Code

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

Upon identification by a law enforcement agency of a clandestine drug laboratory where chemicals and equipment were removed or residual contamination was observed, the property is presumed to constitute a site of a hazardous substance incident and a public nuisance until such tim…

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New Mexico Environmental Improvement Board.

This rule shall not affect any administrative or judicial enforcement action pending on the effective date of 20.5.101 through 20.5.125 NMAC.

Compliance with 20.5 NMAC does not relieve a person of the obligation to comply with other applicable state and federal regulations.

The petroleum storage tank regulations, 20.5 NMAC, shall be liberally construed to effectuate the purposes of the Hazardous Waste Act and the Ground Water Protection Act.

If any part, section or application of 20.5 NMAC is held invalid, the remainder, or its application to other situations or persons, shall not be affected.

A. This part applies to 20.5.101 through 20.5.125 NMAC. B. Any UST system holding hazardous wastes that are listed or identified under Subtitle C of the federal Resource Conservation and Recovery Act, or a mixture of such hazardous waste and other hazardous regulated substances, …

20.5.1 through 20.5.25 NMAC are promulgated pursuant to the provisions of the Hazardous Waste Act, Sections 74-4-1 through 74-4-14 NMSA 1978; the Ground Water Protection Act, Sections 74-6B-1 through 74-6B-14 NMSA 1978; and the general provisions of the Environmental Improvement …

Permanent.

July 24, 2018, unless a later date is indicated in the bracketed history note at the end of a section.

The purpose of this part is to provide definitions for use in 20.5.101 through 20.5.125 NMAC.

A. Terms beginning with numerals or the letter "A." (1) "Above ground release" means any release to the surface of the land or to surface water. This includes, but is not limited to, releases from the above ground portion of an underground storage tank system and releases associa…

New Mexico Environmental Improvement Board.

This part applies to any owner and operator of a storage tank as provided in 20.5.101 NMAC. This part also applies to owners and operators of AST systems with capacities of 55,000 gallons or more associated with airport hydrant fuel distribution systems and owners and operators o…

A. The owner of any underground storage tank, as those terms are defined in 20.5.101 NMAC, must have registered such tank or tanks with the petroleum storage tank bureau of the department within three months after April 14, 1988, the effective date of this part as first adopted, …

A. No purported transfer of any storage tank system shall be effective to create, alter or extinguish any right or responsibility of any person subject to this part, unless the following transfer requirements are met. (1) Prior to any transfer of ownership, control or possession,…

The owner shall notify the department in writing at least 30 days before any new above ground or underground storage tank system is installed, and shall register any new tank or storage tank system with the department within 60 days of placing a regulated substance in the tank, u…

Except as provided in 20.5.102.205 NMAC below, when an existing storage tank system is substantially modified or replaced, the owner shall notify the department in writing of such modification or replacement, at least 30 days prior to the modification or replacement. Emergency re…

Notice of any known or suspected release from a storage tank system, any spill or any other emergency situation shall be given to the department in accordance with 20.5.118 NMAC.

The owner or operator may make immediate repairs or replacement of a storage tank system in the event an emergency situation presents a threat to the public health, provided the owner or operator gives notice to the department as set forth in 20.5.102.204 NMAC and complies with t…

A. Required information. An owner or operator shall register all storage tanks unless EPA form 7530-1 entitled "notification for underground storage tanks" has been submitted to the department and all information contained thereon is still accurate. The registration shall contain…

A. No person shall operate a storage tank system without a current and valid registration certificate.(1) The operator of any storage tank system shall display a current and valid registration certificate on the premises of the storage tank system at all times. (2) Upon submittal…

All registration forms, inspection reports, correspondence, or other documents sent by owners or operators to the department shall include the correct mailing address of the owner or operator, and the owner and operator shall advise the department, in writing, within seven days o…

This part is promulgated pursuant to the provisions of the Hazardous Waste Act, Sections 74-4-1 through 74-4-14 NMSA 1978; and the general provisions of the Environmental Improvement Act, Sections 74-1-1 through 74-1-17 NMSA 1978.

Permanent.