New Mexico Administrative Code

Permanent.

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

The objective of Part 2 of Chapter 9 is to establish regulations in the following areas of solid waste management: A. general requirements; B. requirements for public entities; C. prohibited acts and exceptions; D. entry by the department; and E. procedures for exemptions, specif…

Whenever a term used in 20.9.2 - 20.9.10 NMAC is defined in the Solid Waste Act, the term shall have the meaning given in the Solid Waste Act, unless otherwise defined in this part. A. Terms starting with the letter 'A' are defined as follows.(1) "Act" means the Solid Waste Act, …

A. Any person who hauls solid waste or recyclable materials or provides solid waste or recyclable collection services shall only haul to a permitted or registered facility, and shall use vehicles that have covers or enclosures to prevent the solid waste or recyclable materials fr…

A. Any municipality with a population greater than 3,000 shall provide solid waste collection services at least once weekly or as often as otherwise necessary to comply with the requirements of 20.9.2 - 20.9.10 NMAC. B. The state, and each municipality, county, or cooperative ass…

New Mexico Environmental Improvement Board.

A. Any person seeking to store more than 100 scrap tires or seeking to construct, operate, or modify a tire recycling facility or civil engineering application that uses more than 100 scrap tires shall first obtain a permit. B. Any permit or registration for a civil engineering a…

Any person seeking a tire recycling facility permit or storage permit to process or temporarily store scrap tires, including tire bales, shall file an application, which shall contain the following information. A. A site layout plan of the proposed facility drawn to scale that is…

Any person seeking a permit for a facility that stores 20,000 or more scrap tires at any one time or processes 200,000 or more scrap tires per year shall submit the following information in addition to all information required in 20.9.20.11 NMAC: A. an operation and maintenance m…

A. Any person seeking a permit for a civil engineering application that uses 101 to 999 scrap tires and is two (2) bales high or less, other than a commercial feed operation that uses scrap tires as tarp weights, shall comply with the requirements of 20.9.20.36 NMAC and 20.9.20.3…

Any person seeking a permit for a civil engineering application that uses 1000 to 99,999 scrap tires and is no more than 2 bales high shall submit an application which includes the following information in addition to that required under 20.9.20.13 NMAC. If the civil engineering …

Any person seeking a permit for a civil engineering application that uses 100,000 scrap tires or more or is more than two scrap tire bales high shall submit the following information in addition to that required under 20.9.20.14 NMAC: A. facility plans, elevations, drawings and c…

Any person seeking a permit for a civil engineering application using scrap tires for land reclamation shall file an application which shall include: A. the name, mailing address, telephone number and e-mail address, if available, of the proposed land reclamation site, the applic…

Any person seeking a permit for a civil engineering application that plans to use more than 100,000 scrap tires per year for land reclamation shall submit the following information in addition to that required under 20.9.20.16 NMAC. A. Site layout plan of the land reclamation sit…

A. Upon receipt of an application for a permit, the department shall review the application to determine if additional information is necessary or shall determine the application complete. If the department determines that additional information is necessary, it shall notify the …

A. Within thirty (30) days after an application for a facility that proposes to store 20,000 or more scrap tires at any one time or process 200,000 or more scrap tires per year or a land reclamation project that proposes to use 100,000 or more scrap tires per year is deemed compl…

This part applies to the transporting, processing, storage, recycling, use, abatement, and generation of scrap tires. It establishes eligibility criteria for the Recycling and Illegal Dumping Fund. With the exception of 20.9.20.45 NMAC, 20.9.20.50 NMAC, 20.9.20.55 NMAC, 20.9.20.6…

A. The secretary shall issue the permit, issue the permit with terms and conditions, or deny the permit within 60 days after the application is deemed complete or if a public hearing is held, within 120 days following the public hearing. B. The secretary shall issue a permit if t…

A. In addition to the causes for suspension or revocation listed in Subsection B of 74-13-13 NMSA 1978, the secretary may deny, suspend or revoke a permit during its term for: (1) violation by the owner or operator of any term or condition of the permit, any requirement of the ac…

A. Any terms or conditions of the permit or registration shall be enforceable to the same extent as a regulation of the board. B. The existence of a permit or registration issued under this part shall not constitute a defense to a violation of this part or the act. C. The issuanc…

A. Any owner or operator of a tire recycling facility, storage facility or civil engineering application who seeks to modify such facility or permit conditions shall obtain a permit modification prior to making any modifications. A permit modification shall not extend the term of…

A. A change in ownership of a permittee requires a permit transfer and shall be allowed according to the following procedure. (1) Where the entity owning the permit undergoes an ownership change, but the permitted entity remains the same, the new owner shall, within thirty days o…

A. A permit issued for a new or existing tire recycling facility shall expire twenty years after issuance. B. A permit issued for a civil engineering applications shall expire when the project has been completed and the final report in compliance with 20.9.20.53 NMAC has been sub…

Haulers of scrap tires shall register with the department 30 days prior to beginning operations. A scrap tire hauler operating prior to the effective date of these regulations shall file an application within one year of the effective date of these regulations, and shall be allow…

A scrap tire hauler must acquire and maintain a surety bond in the amount of $10,000 submitted on a form prepared by the department. This form may be obtained by contacting the department solid waste bureau, and will be posted on its website. The purpose of the surety bond is to …

A. The registration procedures in 20.9.20.26 - 20.9.20.32 NMAC apply to scrap tire haulers. B. Upon receipt of an application for registration, the department shall review the application to determine if additional information is necessary or shall deem the application complete. …

A. The secretary may deny, revoke, or suspend a scrap tire hauler registration on the basis of information in the application or evidence in the administrative record, or other information that comes to the secretary's attention at any time. B. Causes for denying, revoking, or su…

This part is adopted under the authority of the Recycling and Illegal Dumping Act, Sections 74-13-1 et seq. NMSA 1978 and the Solid Waste Act, Sections 74-9-1 et seq. NMSA 1978.

A. Within 30 days after an application for a scrap tire hauler registration is deemed complete, the secretary shall issue the registration, issue the registration with terms and conditions, or deny the registration. B. The secretary shall issue a registration if the owner or oper…

A. A scrap tire hauler shall renew its registration every five years. To renew a registration, the scrap tire hauler shall file a complete renewal application no later than 30 days prior to the expiration date of the registration. A registration renewal application shall include …

A. A scrap tire hauler registration shall expire five (5) years from the date of issuance of the registration. B. A scrap tire hauler registration shall terminate upon any change of owners or operators of the registered scrap tire hauler, and the new owner or operator shall obtai…

Registered tire recycling facilities, land reclamation sites, and holders of specific permits for tire recycling facilities shall apply for a permit and demonstrate compliance with the provisions of this rule within 180 days after its effective date.

A. Permit applicants, owners or operators of tire recycling facilities or civil engineering applications, or scrap tire haulers who submit information to the department may claim such information as confidential. Any claim of confidentiality must be asserted at the time of submit…

There are no fees for tire recycling facility permits, storage permits, civil engineering application permits, or scrap tire haulers registrations.

A. No tire recycling or storage facility shall be located within 25 feet of a floodplain, a watercourse (including arroyos), or a wetland unless the floodplain, watercourse, or a wetland has been altered pursuant to an approval from the U.S. army corps of engineers or other appro…

A. A scrap tire storage site shall be designed, constructed, and operated so that the health, welfare and safety of operators, haulers, and others who may utilize the site are maintained. B. Outdoor storage of scrap tires shall not be located within the right of way of any electr…

Owners and operators of all tire recycling facilities and civil engineering application sites shall operate and construct the tire recycling facility or civil engineering application in a manner that: A. does not cause a public nuisance or create a potential hazard to public heal…

A. Owners and operators of all tire recycling facilities shall: (1) ensure that copies of the emergency contingency plan that meets the requirements of 20.9.20.47 NMAC; are readily accessible to employees on duty; (2) train employees when hired and at least annually thereafter on…

Permanent.

Owners and operators of facilities that store 20,000 or more scrap tires at any one time or processes 200,000 or more than scrap tires per year shall: A. post signs at the facility to indicate the name and address of the site, the hours of operation, the tire recycling facility p…

A. Scrap tires kept in temporary storage before and during construction of a civil engineering application will be stored in compliance with 20.9.20.37 NMAC. B. Copies of the emergency contingency plan that meets the requirements of 20.9.20.47 NMAC shall be readily accessible to …

If the civil engineering application constructed is different from the plans submitted in the application, a professional engineer registered in New Mexico shall provide stamped and sealed as-built certification of the civil engineering application actually constructed.

A. Undisturbed land shall not be excavated for the purpose of filling the same land with a mixture of scrap tires and debris or soil. Any borrow area, hole or other disturbed land area to be used for a land reclamation project must have existed before the project, and it must hav…

No more than 10 acres of land shall be reclaimed using scrap tires at any one location.

A. Any person who transports scrap tires, whether or not for hire, shall: (1) collect and transport tires so as to prevent environmental, safety, and public health or welfare hazards and nuisances; and (2) securely tie, strap or use a fully enclosed container to transport scrap t…

A. Each scrap tire generator is responsible for assuring that scrap tires are transported to a permitted or registered facility or beneficial agricultural operation. B. Each scrap tire generator shall use manifests to document the removal and management of all scrap tires generat…