New Mexico Administrative Code

Approved methods of mosquito abatement may consist of one or more of the following procedures: A. eliminate collections of water by filling or draining; B. free collections of water of all vegetative growth, floating debris and other obstruction; C. clean premises by disposal, re…

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

This part shall be construed as amending and superseding the Regulations Governing Mosquito Abatement and Control, EIB 72-1, filed August 23, 1972. All references to the regulations governing mosquito abatement and control in any other rule shall be construed as a reference to th…

Super-session of the regulations governing mosquito abatement and control shall not affect any administrative or judicial enforcement action pending on the effective date of this part.

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

All persons having ownership of or control over any property upon which water may collect.

Section 74-1-8 NMSA 1978.

Permanent.

November 30, 1995 [unless a later date is cited at the end of a section].

To prevent or control the occurance of mosquitoes that are a nuisance or are capable of transmitting disease to man or domestic animals.

As used in this part [now 20.8.2 NMAC]: A. "abatement" means the control or elimination of mosquitoes by elimination of their breeding sources or by poisoning, spraying, or the use of biological and environmental controls, or any other method approved by the department; B. "colle…

New Mexico Environmental Improvement Board.

A. The owner or operator of a solid waste facility shall develop a detailed written estimate, in current dollars, of the cost of hiring a third party to conduct post-closure care for the facility in compliance with the post-closure care plan developed under 20.9.6 NMAC. The post-…

A. Unless suspended from the requirements of 20.9.9.9 - 20.9.9.13 NMAC in accordance with Subsection C of 20.9.9.8 NMAC, the owner or operator shall develop a detailed written estimate, in current dollars, of the cost of hiring a third party to conduct activities of the phase I (…

A. An owner or operator of a facility required to undertake a corrective action program under 20.9.9.13 -20.9.9.17 NMAC, or required to guarantee any portion of a corrective action program as a condition of any permit or order by the secretary, shall develop a detailed written es…

A. The owner or operator shall establish a financial assurance mechanism to ensure that the funds necessary to meet the costs of closure, post-closure care, phase I and phase II assessments, and corrective action for known releases will be available whenever they are needed. The …

An owner or operator may demonstrate financial assurance for closure, post-closure care, phase I and phase II assessments, or corrective action by establishing a trust fund that is worded as shown in forms supplied by the department. This trust fund may also be used as a reposito…

An owner or operator may demonstrate financial assurance for closure, post-closure care, phase I and phase II assessments, or corrective action by obtaining a surety bond guaranteeing payment into a trust fund or standby trust fund established by the owner or operator. The surety…

An owner or operator may demonstrate financial assurance for closure, post-closure care, phase I and phase II assessments, and corrective action by obtaining an irrevocable standby letter of credit worded as in forms supplied by the department and payable to a trust fund or stand…

An owner or operator may demonstrate financial assurance for closure, post-closure care, and phase I and phase II assessments by obtaining insurance which conforms to the requirements of 20.9.10 NMAC. In the case of closure, post-closure care, and phase I and phase II assessments…

An owner or operator may demonstrate financial assurance for closure, post-closure care, phase I and phase II assessments, or corrective action by joining a risk management pool. In the case of closure, post-closure care, and phase I and phase II assessments, participation in an …

A local government that satisfies the requirements of Subsections A through E of this section may demonstrate financial assurance pursuant to Subsection A of 20.9.10.13 NMAC up to the amount specified in Subsection F of this section for closure, post-closure care, phase I and pha…

This part applies to the transportation, storage, transfer, processing, transformation, recycling, composting, nuisance abatement and disposal of solid waste.

A local government may demonstrate financial assurance for closure, post-closure care, phase I and phase II assessments, and corrective action by establishing a reserve fund within its existing financial accounting system. A. The reserve fund shall be created by resolution of the…

A. An owner or operator may demonstrate financial assurance for closure, post-closure, phase I and phase II assessment, and corrective action, as required by 20.9.10.9 - 20.9.10.12 NMAC by obtaining a written guarantee provided by a local government. The guarantor must meet the r…

A private entity that satisfies the financial test requirements of this section may provide a corporate guarantee for financial assurance up to the amounts specified in this section for closure, post-closure care, phase I and phase II assessments, and corrective action. A. Financ…

An owner or operator may satisfy financial assurance requirements by establishing more than one financial mechanism per facility. The mechanisms shall be as specified in Subsection A of 20.9.10.13 NMAC, except that it is the combination of mechanisms, rather than the single mecha…

NMSA 1978, Sections 74-1-1 to 74-1-15, NMSA 1978, Sections 74-9-1 to 74-9-43, and NMSA 1978 Sections 74-13-1 to 74-13-20.

Permanent.

August 2, 2007, unless a later date is cited at the end of a section.

The objective of Part 10 of Chapter 9 is to establish a rule governing financial assurance requirements for solid waste facilities, composting facilities and recycling facilities.

[RESERVED]

A. The requirements of 20.9.10 NMAC apply to owners and operators of all solid waste facilities and composting and recycling facilities required to provide financial assurance pursuant to Subsection C of 20.9.3.28 NMAC and Subsection E of 20.9.3.29 NMAC, except owners and operato…

A. The owner or operator of a solid waste facility shall develop a detailed written estimate, in current dollars, of the cost of hiring a third party to close the largest area of the facility ever requiring closure under 20.9.6 NMAC at any time during the active life. This estima…

New Mexico Environmental Improvement Board.

A. In addition to the prohibited acts identified in Section 74-9-31(A) and Section 74-13-4(J), and subject to the exemptions in Section 74-9-31(B) of the Solid Waste Act, no person shall: (1) store, process, or dispose of solid waste except by means approved by the secretary and …

20.9.2 - 20-9-10 NMAC does not apply to: A. disposal of solid waste by a homeowner, residential lessee or tenant, or agricultural enterprise, on the property she or he owns, rents or leases, if the waste was generated on that property, and the disposal by the homeowner, residenti…

The secretary or any authorized representative, employee or agent of the department may enter, inspect, monitor, sample, or obtain records of a solid waste facility, or commercial hauler as provided in Section 74-9-33 of the Solid Waste Act. [(Facilities, entry by the department …

A. Where a specific approval or authorization for an alternative time period, test method or other requirement is allowed under 20.9.2 - 20.9.10 NMAC, the following procedures apply. (1) The owner or operator shall submit a written request to the department seeking the specific a…

A. Owners or operators of new or existing municipal landfills that dispose of less than 20 tons of solid waste daily, based on an annual average, and do not accept any special waste other than regulated asbestos, may apply in the permit application or for a specific approval for …

A. Any person seeking a variance from any requirements of 20.9.2 - 20.9.10 NMAC shall do so in accordance with Permit Procedures - Environment Department, 20.1.4 NMAC. B. Variance petitions shall be accompanied by proof of public notice as in accordance with the Solid Waste Act a…

A. Any person seeking an exemption pursuant to NMSA 1978, Section 74-9-32 shall do so by filing a written petition with the board, and serving a copy of the petition to the secretary. The petition shall be reviewed in accordance with Adjudicatory Procedures - Environmental Improv…

If any provision or application of 20.9.2 - 20.9.10 NMAC is held invalid by a court of competent jurisdiction, the remainder, or its application to other situations or persons, shall not be affected.

Compliance with 20.9.2 - 20.9.10 NMAC does not relieve a person of the obligation to comply with other applicable local, state and federal laws.

20.9.2 - 20.9.10 NMAC does not apply to pending litigation or affect violations of prior, effective regulations, permits, registrations, closure and post-closure care plans.

This part applies to the transportation, storage, transfer, processing, transformation, recycling, composting, nuisance abatement and disposal of solid waste.

20.9.2 - 20.9.10 NMAC shall be liberally construed to carry out its purpose.