New Mexico Administrative Code

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

A. Each shipment of ten or more scrap tires generated, or recycled or disposed in New Mexico, and transported by a scrap tire generator or hauler shall be accompanied by a scrap tire manifest that complies with this section, in a format approved by the department. The department …

Closure plans are required in the application for a permit or permit modification, pursuant to 20.9.20.11 NMAC.

A. The owner or operator of the tire recycling facility shall prepare a written closure plan that describes the steps necessary for closure of the tire recycling facility and any anticipated future uses of the property following closure. B. The owner or operator of the tire recyc…

Upon completion of a civil engineering application, the owner or operator shall: A. remove all scrap tires not used for the civil engineering application; B. submit a completion report to the department within 60 days after completion. The report shall include photographs documen…

A. For completion of a civil engineering application that uses scrap tires for land reclamation, the owner or operator shall cover the site with 30 inches of compacted native soils and 6 inches of top soil to provide a 36-inch final cover that meets original grade and implement m…

of this part shall be done in compliance with the Recycling and Illegal Dumping Act, Sections 74-13-13 through 74-13-16 NMSA 1978 and the Solid Waste Act, Section 74-9-31 and Section 74-9-34 and Sections 74-9-36 through 74-9-38 NMSA 1978.

A. Counties, municipalities, cooperative associations, Indian nations, pueblos, tribes, or land grant communities may apply to the department for a grant, or loan for the purposes stated in the Recycling and Illegal Dumping Act, Sections 74-13-12 and 74-13-17 NMSA 1978. B. Counti…

A. The requirements of 20.9.20.57 - 20.9.20.59 NMAC apply to owners and operators of all tire recycling facilities and civil engineering applications that use scrap tires for land reclamation required to provide financial assurance pursuant to Subsection B of 20.9.20.12 NMAC and …

A. The owner or operator of a tire recycling facility or civil engineering application that uses scrap tires for land reclamation that is required to provide financial assurance pursuant to Subsection B of 20.9.20.12 NMAC and Subsection C of 20.9.20.17 NMAC shall develop a detail…

The owner or operator of a tire recycling facility or civil engineering applications that use scrap tires for land reclamation that are required to post financial assurance shall select a financial assurance mechanism from those allowable mechanisms for closure identified in 20.9…

The objective of the Recycling, Illegal Dumping, and Scrap Tire Management rule is to implement the provisions of the act with the purposes stated in Section 74-13-2 NMSA 1978.

Any person seeking a variance from any requirement of this part shall do so in accordance with Permit Procedures - Environment Department, 20.1.4 NMAC.

The recycling and illegal dumping alliance shall complete the requirements of Subsection C of 74-13-7 NMSA 1978.

Any person claiming to be exempt from the act because the scrap tires will be used in an beneficial agricultural use shall demonstrate that the scrap tires will be used on land that has qualified as "Special Method of Valuation - Land Used Primarily For Agricultural Purposes", pu…

Reusable tires shall be kept for resale for a period not to exceed one year. After that time, they are considered scrap tires subject to 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.

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

As used in this part, the following definitions apply. A. "Abatement" means to reduce in amount, degree or intensity or to eliminate. B. "Act" means the Recycling and Illegal Dumping Act, Sections 74-13-1 et seq. NMSA 1978. C. "Agricultural use" means the beneficial use of scrap …

A. A person shall not store or use in a civil engineering application, except for beneficial agricultural use, more than one hundred scrap tires anywhere in this state, unless the person has a valid permit or registration from the department, or is excluded from the definition of…

The secretary or any authorized representative, employee or agent of the department may enter, inspect, monitor, sample, or obtain records of a tire recycling facility, civil engineering application, scrap tire generator, or scrap tire hauler as provided in Section 74-13-5 NMSA 1…

Environment Department.

A. Purpose. This section provides the procedures to rank applications so that highest priority is based on greatest need without ability to fund activity by other sources. These procedures also provide a mechanism to ensure an equitable and reasonable allocation of funds where th…

This part applies to the use of the funds in the solid waste facility grant fund.

This part is adopted under the authority of NMSA 1978, Sections 9-7A-6.E and 74-9-40.

Permanent.

November 30, 1995. This part amends and replaces the New Mexico environment department regulations, NMED 91-2, filed June 16, 1991.

This part governs the procedures by which municipalities and counties may apply for grants for solid waste management projects, and by which the department shall award such grants.

As used in this part: A. "applicant" means a municipality as defined in this section or a county that has submitted a grant application, or any number of such municipalities and/or counties that have submitted a grant application jointly; B. "department" means the New Mexico envi…

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

A. General Grant Application Requirements. Assistance is available on a competitive basis to qualified municipalities and counties, individually or jointly. Joint applications will be allowed when two or more eligible municipalities and/or counties within reasonable proximity of …

New Mexico Environmental Improvement Board.

Any person seeking a permit for a construction and demolition landfill shall submit the following information in addition to that required under 20.9.3.8 NMAC: A. site plans and cross-sections of the proposed facility, drawn to scale, indicating the location of: (1) the tipping a…

A. Any person seeking a permit for a processing facility or for a recycling facility that accepts solid waste shall submit the following information in addition to that required under 20.9.3.8 NMAC: (1) a description of the survey and analysis process used to determine the charac…

A. Any person seeking a permit for a transformation facility shall submit the following information in addition to that required under 20.9.3.8 NMAC: (1) the composition of the waste to be received at the facility; (2) the method to be used to convert the waste into a feedstock f…

Any person seeking a permit to accept special waste at a solid waste facility shall submit the following information in addition to that required under 20.9.3.8 NMAC: A. a list of the types of wastes to be accepted and the anticipated sources of such wastes; B. the anticipated am…

Any person seeking a permit for a composting facility that accepts solid waste shall submit the following information in addition to the information required by 20.9.3.8 NMAC. A. Operating plans for the facility, including, but not limited to, the origin, expected composition and…

A. Any person seeking a permit for a transfer station shall submit the following information in addition to that required by 20.9.3.8 NMAC: B. plans and elevations, drawn to scale, of all structures proposed to be used for handling and storage of solid waste and diversion of recy…

A. The permitting procedures in 20.9.3.8 - 20.9.3.25 NMAC supplement the permitting requirements in the Solid Waste Act and Permitting Procedures - Environment Department, 20.1.4 NMAC. B. A permit shall be issued only after a public hearing as required by NMSA 1978 Section 74-9-2…

A. The applicant shall submit three copies of the initial permit application for approval. 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 administrativ…

A. The secretary shall issue a permit if the applicant demonstrates that the requirements of 20.9.2 - 20.9.10 NMAC and the Solid Waste Act are met and that neither a hazard to public health, welfare or the environment nor undue risk to property will result. B. The secretary shall…

A. In addition to the causes for denial or revocation listed in Subsections A and B of 74-9-24 of the Solid Waste Act and 20.9.3.18 NMAC, the secretary may deny or revoke a permit during its term for: (1) a material violation of any term or condition of the permit, any requiremen…

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

A. Any terms or conditions of the permit shall be enforceable to the same extent as a regulation of the board. B. The existence of a permit issued under 20.9.2 - 20.9.10 NMAC shall not constitute a defense to a violation of 20.9.2 - 20.9.10 NMAC or the Solid Waste Act.

A. At least 14 days prior to the start of solid waste facility construction, the owner or operator shall provide the department with a major milestone schedule. B. After a permit is granted for a solid waste facility or for the expansion of a solid waste facility, and at least 14…

A. Any owner or operator of a solid waste facility 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 initial term of any permit. B. An application for a modificat…

A. A change in ownership of a permitted entity requires a permit transfer and shall be allowed according to the following procedure. (1) Where a permitted entity undergoes a change in ownership, but the permitted entity remains the same, the new owner shall, within 30 days after …

No later than 60 days before a permit review is required by Section 74-9-24 of the Solid Waste Act, the owner or operator shall submit to the department a complete description of the following: A. facility operations; B. compliance history; C. environmental monitoring results, re…