New Mexico Administrative Code

New Mexico Environmental Improvement Board.

This part applies to any owner and operator of a storage tank as provided in 20.5.101 NMAC. If the owner and operator of a storage tank are separate persons, only one person is required to comply with the requirement of this part, including any notice, reporting and payment requi…

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

A. The owner or operator shall pay an annual per tank fee to the department on July 1 for each current fiscal year (July 1 through June 30) or portion of a year that a tank is in use. A storage tank shall be deemed "in use" until notice is received by the department that the stor…

A. The annual fee for all underground storage tanks shall be: (1) $28.00 per UST in calendar year 1988; (2) $75.00 per UST in calendar year 1989; and (3) for subsequent years, $100 per UST as established by Section 74-6B-9 NMSA 1978 and Section 74-4-4.4 NMSA 1978. B. The annual f…

A. Due date. A tank owner and operator become liable for a fee as soon as the event generating the fee occurs, such as a due date. The fact that the owner has not registered a tank is not material to the owner's and operator's liability for payment of a fee. B. Late fee. In the e…

All fees described in this part shall be deposited in the storage tank fund.

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 regulate storage tank systems in order to protect the public health, safety and welfare and the environment of the state, and to interpret, implement and enforce the provisions of the Hazardous Waste Act relating to storage tank systems.

The definitions in 20.5.101 NMAC apply to this part.

New Mexico Environmental Improvement Board.

This part applies to owners and operators of storage tanks as provided in 20.5.101 NMAC. If the owner and operator of a storage tank are separate persons, only one person is required to comply with the requirement of this part, including any notice, reporting, designation of cert…

This part is 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 Act, Sections 74-1-…

Permanent.

There shall be three classes of operators identified as class A, class B, and class C. A. Designation. Owners and operators shall identify and designate, for each storage tank system or group of storage tank systems at a facility, at least one named individual for each class of o…

A class A operator has primary responsibility to operate and maintain the storage tank system. The class A operator's responsibilities include managing resources and personnel, such as establishing work assignments, to achieve and maintain compliance with regulatory requirements.…

A class B operator implements applicable storage tank regulatory requirements and standards (20.5 NMAC) in the field. This individual implements the day-to-day aspects of operating, maintaining, and recordkeeping for storage tanks at one or more facilities. A. General requirement…

A class C operator is an employee and is, generally, the first line of response to events indicating emergency conditions. This individual is responsible for responding to alarms or other indications of emergencies caused by spills or releases from storage tank systems. This indi…

A. Owners and operators of storage tank systems shall post at each facility owned a list of designated and certified class A and B operators and provide the department the name(s) and certificate number(s) of the designated class A and B operator(s) in writing within 30 days of a…

Owners and operators shall ensure that every facility has either a class A, class B, or class C operator on-site whenever it is open for business and dispensing any regulated substance, except: A. pursuant to Paragraph 1 of Subsection E of 20.5.104.404 NMAC; B. at un-manned facil…

A. Class A and B operators shall be re-certified every five years, in the same manner as original training and certification required in this part. It is the responsibility of owners, operators and certified operators to track certification dates and expiration, and to ensure tha…

A. An owner or operator that is a certified operator may apply in writing to the department for a one-time five-year deferral of re-training required in 20.5.104.406 NMAC if he can demonstrate the following: (1) he owns no more than two facilities; (2) no significant changes, mod…

A. Training elements. Training materials must be updated within 90 days of the effective date of the regulations. The following topics shall be covered in approved training courses for class A and class B operators: (1) general overview of department UST and AST program, to inclu…

A. A certified operator shall not represent himself or herself as certified unless the person has a current valid certificate from an approved trainer. B. Monthly inspections. Each class A or class B operator shall perform a monthly inspection of each storage tank system for whic…

No reciprocity, training, or certification from any other state or territory shall qualify an operator to be certified pursuant to this part.

A. If owners and operators want to propose an alternate method of operator presence at facilities with either AST emergency generator systems or UST emergency generator systems, other than that specified by this part, owners and operators shall apply in writing to the department,…

A. Approved trainers shall provide written verification of training completion for class A, B and C operators that shall include: (1) the operator's name; (2) the date and location where training was completed; (3) the facility name, address and department facility ID number for …

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 ensure that operators of regulated storage tanks are effectively trained to manage and prevent environmental and public health emergencies and other situations requiring on-site response, in order to protect public health, safety and welfare and the…

The definitions in 20.5.101 NMAC apply to this part. The terms operator and certified operator as used in this part are different terms, as defined in 20.5.101.7 NMAC.

New Mexico Environmental Improvement Board.

This part applies to persons installing, replacing, repairing, modifying, testing, or removing storage tank systems. The requirements for persons installing, replacing, repairing, or modifying airport hydrant systems, USTs with field-constructed tanks, and hybrid storage tank sys…

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.

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

A. Beginning September 16, 1989, no person may install, replace, repair or modify UST systems in this state unless the person is, or employs, an individual who has been certified by the department to perform that work on UST systems. This provision requires certification of the i…

A. Beginning August 15, 2004, no person may install, replace, repair or modify AST systems in this state unless the person is, or employs, an individual who has been certified by the department to perform that work on AST systems. This provision requires certification of the indi…

A. Beginning July 24, 2019, no person may install, replace, repair or modify spill and overfill prevention equipment on AST systems in this state unless the person is an individual who has been certified by the department to perform that work on AST systems. Exceptions to the req…

A. Beginning July 24, 2019, no person may install, replace, repair or modify spill and overfill prevention equipment on UST systems in this state unless the person is an individual who has been certified by the department to perform that work on UST systems. Exceptions to the req…

A. Beginning on July 24, 2019, owners and operators shall demonstrate that persons who perform tests on storage tank systems regulated under 20.5 NMAC have the experience, training, and education to perform the following: (1) periodic testing of spill prevention equipment and con…

A. An applicant for an individual's UST installer certification shall meet all of the following requirements in order to receive certification from the department. (1) The applicant shall file an application with the department accompanied by a nonrefundable fee of $50. At a mini…

A. An applicant for an individual's AST installer certification shall meet all of the following requirements in order to receive certification from the department. (1) The applicant shall file an application with the department with the information required in Paragraph (1) of Su…

A. An applicant for an individual's AST junior installer certification shall meet all of the following requirements in order to receive certification from the department. (1) The applicant shall file an application with the department with the information required in Paragraph (1…

A. An applicant for an individual's UST junior installer certification shall meet all of the following requirements in order to receive certification from the department. (1) The applicant shall file an application with the department accompanied by a nonrefundable fee of $50.00.…

A. Installer: (1) To qualify for individual certification under 20.5.105.505 NMAC or 20.5.105.506 NMAC, an applicant shall demonstrate that the applicant has had two years of experience, within the three years immediately prior to making the application, of field experience in th…

A. To qualify for individual certification under 20.5.105.505 NMAC or 20.5.105.506 NMAC, an applicant shall pass an on-site examination consisting of a successful installation of the regulated and applicable (AST or UST) type of storage tank system in the presence of a designated…