TITLE
20 ENVIRONMENTAL PROTECTION
CHAPTER
9 SOLID WASTE
PART 20 RECYCLING, ILLEGAL DUMPING AND
SCRAP TIRE MANAGEMENT
20.9.20.1 ISSUING AGENCY: New Mexico Environmental Improvement Board.
[20.9.20.1 NMAC - Rp, 20 NMAC 9.2.I.101, 8/2/2007]
20.9.20.2 SCOPE: 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, 20.9.20.60 NMAC, and 20.9.20.63 NMAC, this part does not
apply to permitted or registered solid waste facilities, registered recycling
facilities, composting facilities or collection centers. A registered recycling facility, composting
facility or collection center that stores 20,000 or more scrap tires or
processes 200,000 or more scrap tires per year shall also comply with the
requirements of 20.9.20.57 - 20.9.20.59 NMAC.
[20.9.20.2 NMAC - Rp, 20 NMAC 9.2.I.102, 8/2/2007]
20.9.20.3 STATUTORY AUTHORITY: 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.
[20.9.20.3 NMAC - Rp, 20 NMAC 9.2.I.103, 8/2/2007]
20.9.20.4 DURATION: Permanent.
[20.9.20.3 NMAC - Rp, 20 NMAC 9.2.I.104, 8/2/2007]
20.9.20.5 EFFECTIVE DATE: August 2, 2007, unless a later date is cited
at the end of a section.
[20.9.20.5 NMAC - Rp, 20 NMAC 9.2.I.105, 8/2/2007]
20.9.20.6 OBJECTIVE: 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.
[20.9.20.6 NMAC - Rp, 20 NMAC 9.2.I.106, 8/2/2007]
20.9.20.7
DEFINITIONS: 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 tires in conjunction with the operations of a farm or
ranch that includes construction projects and aids in the storage of feed, as
defined in the act.
D. "Alliance" means the
recycling and illegal dumping alliance.
E. "Board" means the environmental
improvement board.
F. "Civil engineering application"
means the use of scrap tires or other recycled material in conjunction with
other aggregate materials in engineering applications.
G. "Composting" means the
process by which biological decomposition of organic material is carried out
under controlled conditions and the process stabilizes the organic fraction
into a material that can be easily and safely stored, handled and used in an
environmentally acceptable manner.
H. "Cooperative association"
means a refuse disposal district created pursuant to the Refuse Disposal Act,
Sections 4-52-1 et seq. NMSA 1978; a sanitation district created pursuant to
the Water and Sanitation District Act, Sections 73-21-1 et seq. NMSA 1978; a
special district created pursuant to the Special District Procedures Act,
Sections 4-53-1 et seq. NMSA 1978; or other associations created pursuant to
the Joint Powers Agreements Act, Sections 11-1-1 et seq. NMSA 1978; or the
Solid Waste Authority Act, Sections 74-10-1 et seq. NMSA 1978.
I. "Department" means the New
Mexico environment department.
J. "Dispose" means to deposit
scrap tires or solid waste into or on any land or water.
K. "Hauler's temporary storage
facility" means a facility where less than 100 scrap tires are stored
for no more than 72 hours by a registered scrap tire hauler or registered
commercial hauler for the purpose of separating scrap tires from tires that
will be reused for their original purpose.
L. "Household" means any single
and multiple residence, hotel or motel, bunkhouse, ranger station, crew
quarters, campground, picnic ground or day-use recreation area.
M. "Illegal dumping" means
disposal of trash, scrap tires or any solid waste in a manner that violates the
Solid Waste Act or the Recycling and Illegal Dumping Act.
N. "Illegal dumpsite" means a
place where illegal dumping has occurred.
O. “Land
reclamation” means the filling and restoring of excavated land for the
purpose of restoring the land to its approximate natural grade and to prepare
or reclaim the land for re-use. Disposal
of scrap tires in a permitted or registered solid waste facility is not “land
reclamation.”
P. "Land
reclamation project" means a civil engineering application designed to
fill and restore land which had been excavated before the project and was not
excavated for the burying of scrap tires, and does not include bank
stabilization and erosion control projects.
Q. "Market
development" means activities to expand or create markets for
recyclable and reusable materials.
R. "Modify"
means to change the terms or conditions of a permit or registration including:
(1) any change in the
fundamental method of processing of scrap tires;
(2) any lateral or vertical expansion or
alteration of the storage areas of the scrap tires, used tires, or tire derived
products;
(3)
storage of scrap tires, used tires, or tire derived products beyond the
permitted or registered boundaries; but
(4) “modify” does not include:
(a) routine maintenance,
repair, or replacement;
(b) an increase in the
process rate, if such increase does not exceed the design capacity of the tire
recycling facility, civil engineering application or violate any condition of
the permit;
(c) a change in the hours of operation, unless
such hours are specified in a permit condition;
(d) a change in the
operating plan that is not the subject of a permit condition; and
(e) temporary changes
allowed by the secretary under Subsection B of 20.9.20.39 NMAC and Subsection D
of 20.9.20.41 NMAC when there is an imminent danger to public health, welfare,
or the environment.
S. "Motor vehicle" means a
vehicle or device that is propelled by an internal combustion engine or
electric motor power that is used or may be used on the public highways for the
purpose of transporting persons or property and includes any connected trailer
or semi-trailer.
T. "Operator" means the
person(s) responsible for the overall operation or construction of all or any
portion of a tire recycling facility, civil engineering application, or business
that generates or hauls scrap tires.
U. "Owner" means the person(s)
who owns all or part of a tire recycling facility, civil engineering
application, or business that generates or hauls scrap tires.
V. "Passenger tire equivalent"
or “PTE” is a conversion factor for
converting between numbers of scrap tires and weight; for passenger and light
truck tires, the total weight of scrap tires, in pounds, divided by 22.5 pounds
produces the passenger tire equivalent.
For purposes of this part, any numerical requirement associated with
scrap tires may be measured in either PTEs or the actual number of scrap tires.
W. "Person" means any
individual, partnership, company, corporation, firm, association, trust,
estate, or legal entity, including government entities.
X. "Processing"
means techniques to change physical, chemical or biological character or
composition of solid waste but does not include composting, transformation or
open burning.
Y. "Public
entity" means:
(1) any state or local government;
(2)
any department, agency, special purpose district, or other
instrumentality of federal, state or local government; or
(3) any pueblo, tribe or Indian nation.
Z. "Recycling" means any process
by which recyclable materials are collected, separated or processed and reused
or returned to use in the form of raw materials or products.
AA. “Reusable tire” or “used tire” means a whole tire which has been used but is suitable
for reuse for its originally intended purpose and has been specifically
separated from scrap tires for reuse or resale.
A used tire which appears to be suitable for its originally intended
purpose but which has not been separated from scrap tires and stacked either
vertically or horizontally shall be considered a scrap tire.
BB. "Reuse" of a tire means the
return of a tire to use for its originally intended purpose without a change to
its original form.
CC. "Scrap
tire" means a tire, including a baled tire, that is no longer suitable
for its originally intended purpose because of wear, damage, defect or
obsolescence.
DD. "Scrap
tire baling" means the process by which scrap tires are mechanically
compressed and bound into block form.
EE. "Scrap
tire generator" means a person who generates scrap tires, including
retail tire dealers, retreaders, scrap tire processors, automobile dealers,
automobile salvage yards, private company vehicle maintenance shops, garages,
service stations and city, county and state government, but does not include
persons who generate scrap tires in a household or in beneficial agricultural
operations.
FF. "Scrap
tire hauler" means a person who transports scrap tires for hire for
the purpose of recycling, disposal, transformation or use in a civil engineering
application.
GG. “Scrap
tire manifest” means a document containing information as required by,
Section 20.9.20.50, that is necessary to transport scrap tires in the state of
New Mexico.
HH. “Secretary
" means the secretary of the New Mexico environment department or his
or her designee.
II. “Storage”
or “temporary storage” means storage
for a period of time allowed by a permit for storage of scrap tires. Storage or temporary storage does not include
a staging area where scrap tires will be staged for 5 days or less during
construction.
JJ. "Tire"
means a continuous solid or pneumatic rubber covering that encircles the wheel
of a motor vehicle.
KK. "Tire-derived
fuel" means whole or chipped tires that produce a low sulfur,
high-heating-value fuel.
LL. "Tire-derived
product" means a usable product produced from the processing of a
scrap tire but does not include baled tires.
MM. "Tire
recycling" means a process in which scrap tires are collected, stored,
separated or reprocessed for reuse as a different product or shredded into a
form suitable for use in rubberized asphalt or as raw material for the
manufacture of other products.
NN. "Tire
recycling facility" means a place operated or maintained for tire
recycling but does not include:
(1)
retail business premises where tires are
sold, if no more than five hundred loose scrap tires or two thousand scrap
tires, if left in a closed conveyance or enclosure, are kept on the premises at
one time;
(2)
the premises of a tire retreading business, if
no more than three thousand scrap tires are kept on the premises at one time;
(3) premises where tires are removed from motor
vehicles in the ordinary course of business, if no more than five hundred scrap
tires are kept on the premises at one time;
(4) a solid waste facility having a valid
permit or registration issued pursuant to the provisions of the Solid Waste Act
or regulations adopted pursuant to that act or registration issued pursuant to
the Environmental Improvement Act; or
(5)
a site where tires are stored or used for beneficial agricultural uses.
OO. “Vector”
means any agent capable of transmitting a disease from one individual or
organism to another. Vectors include,
but are not limited to, mosquitoes, flies and other insects, rodents, and
vermin.
[20.9.20.7 NMAC - Rp, 20 NMAC 9.2.I.107, 8/2/2007]
20.9.20.8 PROHIBITED ACTS:
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 a tire recycling facility pursuant
to Subsection NN of 20.9.20.7 NMAC.
B. A
person shall not operate or maintain a tire recycling facility unless the
facility has a valid permit issued pursuant to the provisions of the Recycling
and Illegal Dumping Act or is a facility where tires are stored and used for
beneficial agricultural uses and complies with rules enacted pursuant to the
Recycling and Illegal Dumping Act.
C. A
person shall not transport scrap tires for hire to a place other than a
permitted tire recycling facility or permitted civil engineering application
unless the place is specifically excluded from the definition of a "tire
recycling facility".
D. A
person shall not transport scrap tires for hire either for disposal or
recycling purposes without being registered as a scrap tire hauler by the
department pursuant to rules adopted in accordance with the Recycling and
Illegal Dumping Act.
E. A
scrap tire generator shall not release scrap tires to a person other than a
registered scrap tire hauler pursuant to the Recycling and Illegal Dumping Act,
a registered commercial waste hauler pursuant to the Solid Waste Act, or a
self-hauling agricultural operation.
F. A
person shall not engage in the open burning of scrap tires.
G. A
person shall not store or dispose of scrap tires or tire-derived products in a
manner that creates a public nuisance, promotes the breeding or harboring of
disease vectors or creates a potential for fire or other health or
environmental hazards.
H. A
generator, scrap tire hauler or registered solid waste hauler shall not
transport scrap tires without possessing a New Mexico scrap tire manifest
approved by the department, except as otherwise provided in this part.
I. A
person shall not engage in, maintain or allow illegal dumping.
[20.9.20.8 NMAC - Rp, 20 NMAC 9.2.I.108, 8/2/2007]
20.9.20.9 TIRE RECYCLING FACILITIES; ENTRY
BY DEPARTMENT; AVAILABILITY OF RECORDS TO DEPARTMENT: 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 1978. The
secretary, authorized representative, employee, agent or other law enforcement
officer shall present proper identification prior to inspection.
[20.9.20.9 NMAC - Rp, 20 NMAC 9.2.III.301, 8/2/2007]
20.9.20.10 PERMITS FOR SCRAP TIRE STORAGE,
RECYCLING FACILITIES, AND CIVIL ENGINEERING APPLICATIONS AND REGISTRATIONS FOR
SCRAP TIRE HAULERS:
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 application granted prior to the
effective date of these regulations shall remain in effect.
C. Permits
are not required for a hauler’s temporary storage facility that is used by a
registered scrap tire hauler or a registered commercial hauler to separate
scrap tires from reusable tires. Such
facilities shall be included in the application for registration of the
commercial hauler under Subsection A of 20.9.3.31 NMAC or registration of the
scrap tire hauler under Subsection I of 20.9.20.26 NMAC.
D. A
tire recycling facility or civil engineering application at a permitted or
registered solid waste facility is not required to obtain a tire recycling or
civil engineering application permit.
E. The
department shall maintain a list of permitted and registered solid waste
facilities and permitted tire recycling facilities and civil engineering
applications on its solid waste bureau website.
[20.9.20.10 NMAC - Rp, 20.9.2.II.200, 8/2/2007]
20.9.20.11 APPLICATION REQUIREMENTS FOR TIRE
RECYCLING FACILITY OR STORAGE PERMITS: 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 in compliance
with the requirements of 20.9.20.36 NMAC and 20.9.20.37 NMAC. The map shall include at least the following
information:
(1) site/facility name;
(2)
labels of all features shown on the map;
(3)
north arrow;
(4) map scale;
(5)
all structures and buildings that are or will be constructed at the
facility including those used in collection, storage or processing operations;
(6)
location of equipment;
(7) property boundaries;
(8)
water sources, arroyos, wetlands, ditches
and other topographic features;
(9) wells;
(10)
fences;
(11) easements, and power lines;
(12)
all access routes and internal roads used for residential, commercial
and emergency use;
(13) loading and
unloading areas;
(14) the location of the areas used for
collection of scrap tires, processing of scrap tires, used tires, tire derived
products, and residuals from processing; and
(15) the
location and width of fire lanes.
B. The
name, mailing address, telephone number and e-mail address, if available, of
the proposed facility, facility owner, operator, and property owner.
C. The
location of the front gate of the proposed facility in latitude and longitude,
as determined by a geographic information system unit or survey, and the
physical address, if available.
D. Total
acreage of the proposed facility site.
E. A
copy of the deed or other legal description of the site.
F. Zoning
of the site, and the zoning of all adjacent properties, if applicable.
G. The
anticipated start up date of the facility and hours of operation.
H. An
emergency contingency plan that meets the requirements of 20.9.20.47 NMAC.
I. An
affidavit certifying that the proposed site complies with the applicable
regulations of all local governing bodies having jurisdiction over the proposed
facility, including planning, zoning, building, code enforcement and drainage
departments.
J. Affidavits
certifying that all applicable notifications required by 20.9.20.19 NMAC have
been published and posted.
K. Any
other information deemed applicable and requested by the secretary.
L. The
following operational information:
(1)
a list and description of the equipment to
be used for handling, processing, recycling, or disposing of scrap tires;
(2)
a detailed narrative of the method of any
processing;
(3) the maximum number of scrap tires to be
processed in one year, if applicable;
(4)
the maximum number of scrap tires to be
processed in one month, if applicable;
(5) the maximum number of unprocessed scrap
tires that will be located at the site at any one time;
(6) the maximum number of processed scrap
tires that will be located at the site at any one time, if applicable;
(7) the plans for the transportation of scrap
or processed tires or both to and from the site;
(8) a description of the methods to be
employed to prevent, control or contain a tire fire, including a description of
the facility's water source and capacity;
(9) a description of the methods to be employed
to monitor and control vectors for scrap and processed tires in storage at the
site;
(10)
a description of the method to be used to
remove residuals from the site; and
(11) any other information requested by the
secretary.
M. Closure
plans pursuant to 20.9.20.51 NMAC and 20.9.20.52 NMAC.
N. All
applications shall be signed by the owner and operator, with a statement
certifying that all information in the application is true and correct.
[20.9.20.11 NMAC - N, 8/2/2007]
20.9.20.12 ADDITIONAL PERMIT APPLICATION
REQUIREMENTS FOR FACILITIES THAT STORE 20,000 OR MORE SCRAP TIRES AT ANY ONE
TIME OR PROCESS 200,000 SCRAP TIRES OR MORE PER YEAR: 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 manual that addresses all of the operating
requirements; and
B. proposed
financial assurance to meet the requirements of 20.9.20.57-20.9.20.59 NMAC.
[20.9.20.12 NMAC - N, 8/2/2007]
20.9.20.13 APPLICATION REQUIREMENTS FOR CIVIL
ENGINEERING APPLICATION PERMITS:
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
20.9.20.37 NMAC and file an application which includes the following
information. If the civil engineering
application applicant has obtained an approval form the U.S. army corps of
engineers or construction industries division for the siting or design of the
civil engineering application, then it may file only the information in
paragraphs (1), (2), (4), (6), (7), (8) and (9) of this subsection.
(1) The name, mailing address, telephone
number, and e-mail address, if available, of the applicant, property owner, and
builder of the civil engineering application.
(2)
The location of the of the civil engineering application, including its
physical address if available.
(3) A copy of the deed or other legal
description of the property on which the proposed civil engineering application
will be constructed.
(4)
If different from the civil engineering application site, the location,
including the physical address, if available, and the name, mailing address,
telephone number, and the e-mail address, if available, of the property owner
of the temporary storage site where scrap tires will be stored temporarily
before and during construction.
(5) A detailed narrative describing the
proposed civil engineering application, unless the civil engineering
application has a set of plans signed and stamped by a registered professional
engineer.
(6) If the civil engineering application is to be
in a floodplain, a waterway, or a wetland, written authorization of the project
by the U.S. army corps of engineers or other appropriate authorities.
(7) The anticipated date when scrap tires will
be brought to the civil engineering application site or temporary storage site.
(8) The origins, if known, of the scrap tires
to be used for the civil engineering application.
(9) The proposed dates of completion of the
civil engineering application and removal of scrap tires kept in temporary
storage.
(10)
The method to be used to anchor scrap tires,
if applicable.
(11) The
method to be used to cover scrap tires, if applicable.
(12)
The method to be used to fill scrap tires; if
applicable.
(13)
Any other information deemed applicable and
requested by the department.
(14)
An affidavit certifying that the proposed
site complies with the applicable regulations of all local governing bodies
having jurisdiction over the proposed facility, including planning, zoning,
building, code enforcement and drainage departments.
B. A
commercial feed operation that uses over 100 scrap tires for the weighting of
tarps shall file an application, which shall include:
(1) the name, mailing address, telephone
number, and e-mail address, if available, of the applicant, and property owner
where the scrap tires will be used;
(2) the
physical address or other description of the location where the scrap tires
will be used;
(3) an affirmative statement that the scrap
tires will be used only for tarp weights; and
(4)
any other information deemed applicable and requested by the department.
C. All
applications shall be signed by the applicant, with a statement certifying that
all information in the application is true and correct.
[20.9.20.13 NMAC - N, 8/2/2007]
20.9.20.14 ADDITIONAL PERMIT APPLICATION
REQUIREMENTS FOR CIVIL ENGINEERING APPLICATION THAT USES 1000 TO 99,999 SCRAP
TIRES AND IS NO MORE THAN TWO BALES HIGH:
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 application
applicant has obtained an approval form the army corps of engineers or
construction industries division for the siting or design of the civil
engineering application, then it may file only the information required in
20.9.20.13 NMAC.
A. A
site layout plan of the proposed civil engineering application that is in
compliance with the requirements of 20.9.20.37 NMAC, drawn to scale. The plan shall include at least the following
information:
(1)
labels of all features shown on the map;
(2)
map scale;
(3) north arrow;
(4) the proposed civil engineering
application;
(5) all structures and buildings at the civil
engineering application site if within 100 feet of the civil engineering
application;
(6)
temporary storage areas for other material, equipment, and residuals
from processing;
(7) loading and unloading areas for scap tires
and other material to be used for the civil engineering project;
(8)
location of all storage areas for scrap tire, tire derived products,
used tires and fire lanes;
(9)
property boundaries;
(10) water sources, arroyos, wetlands, ditches
and other topographic features;
(11) wells;
(12) fences;
(13) easements, and power lines; and
(14) all access routes and internal roads used
for residential, commercial and emergency use.
B. If
the scrap tires to be used for the proposed civil engineering application will
be kept in temporary storage before and during construction on property that is
different from the one described in Subsection A of 20.9.20.14 NMAC, the
applicant must provide a plat map of the temporary storage facility that
includes all items required in Subsection A of 20.9.20.14 NMAC for the civil
engineering application.
C. An
emergency contingency plan that meets the requirements of 20.9.20.47 NMAC.
[20.9.20.14 NMAC - N, 8/2/2007]
20.9.20.15 PERMIT APPLICATION REQUIREMENTS FOR
CIVIL ENGINEERING APPLICATION THAT USES 100,000 SCRAP TIRES OR MORE OR IS MORE
THAN TWO SCRAP TIRE BALES HIGH:
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 cross sections of the proposed civil
engineering application signed and sealed by a professional engineer registered
in New Mexico; and
B. if
the scrap tires to be used for the proposed civil engineering application will
be kept in temporary storage before and during construction on property that is
different from the proposed civil engineering application, demonstration that
the temporary storage facility is in compliance with 20.9.20.37 NMAC.
[20.9.20.15 NMAC - N, 8/2/2007]
20.9.20.16 PERMIT APPLICATION REQUIREMENTS FOR
CIVIL ENGINEERING APPLICATIONS USING SCRAP TIRES FOR LAND RECLAMATION: 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 applicant, and the land reclamation
site's property owner;
B. the
physical address of the proposed land reclamation site, if available;
C. a
copy of the deed or other legal description of the property on which the
proposed land reclamation site will be constructed;
D. the
anticipated start up date when tires will be brought to the site;
E. the
anticipated completion date;
F. the
origins, if known, of the scrap tires to be used for land reclamation;
G. a
description of other fill materials and their application;
H. a
description of compaction methods;
I. the
method of placement and commingling of scrap tires below ground mixed in a
proportion no greater than 33% scrap tires by volume with soil suitable as fill
material;
J. the
approximate volume, dimensions and depth of the depression to be filled;
K. the
approximate number of scrap tires proposed to be placed in the site;
L. ground
storage area that is in compliance with the requirements of 20.9.20.37 NMAC;
M. a
description of the final cover;
N. an
emergency contingency plan that meets the requirements of 20.9.20.47 NMAC;
O. a
letter from the local county official or municipal authority in which the site
is or will be located that the applicant has provided notice of the proposed
civil engineering application to the county or municipality;
P. a
sworn notarized affidavit signed by the property owner certifying that the
excavated area, hole or disturbed land area existed before the project and was
not excavated for the burying of scrap tires; and
Q. all
applications shall be signed by the applicant, with a statement certifying that
all information in the application is true and correct.
[20.9.20.16 NMAC - N, 8/2/2007]
20.9.20.17 ADDITIONAL PERMIT APPLICATION
REQUIREMENTS FOR CIVIL ENGINEERING APPLICATIONS THAT PLAN TO USE 100,000 OR
MORE SCRAP TIRES PER YEAR FOR LAND RECLAMATION: 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 site and any above ground storage areas
signed and sealed by a professional engineer registered in New Mexico. The site layout plan shall include at least
the following if applicable:
(1) location of temporary
storage areas of scrap tires and tire derived products;
(2) location of fire
lanes and fire control facilities;
(3) security fencing,
gates and gatehouse, site entrance and access roads and fire lanes in
accordance with 20.9.20.37 NMAC;
(4)
locations of buildings; and
(5) locations and
descriptions of processing equipment.
B. An
operation and maintenance manual that shall address all of the operating
requirements.
C. Proposed
financial assurance to meet the requirements of 20.9.20.57- 20.9.20.59 NMAC.
[20.9.20.17 NMAC - N, 8/2/2007]
20.9.20.18 PERMIT APPLICATION REVIEW:
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 applicant in writing.
B. The
applicant shall submit any information requested within 60 days of receipt of a
request for additional information, or the application shall be denied without
prejudice. The department may extend the
response time for good cause. When
submitting the information, the applicant shall submit three copies. If the permit application is not complete
after two requests for additional information, the secretary may deny the
permit application without prejudice.
[20.9.20.18 NMAC - N, 8/2/2007]
20.9.20.19 PUBLIC NOTICES, HEARINGS AND
MEETINGS:
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 complete, the applicant shall provide public notice. The notice shall be published once in a
newspaper of general circulation in the county where the facility is proposed
to be constructed, operated or closed. This notice shall appear in either the
classified or legal advertisements section of the newspaper and at one other
place in the newspaper expected to give the general public effective
notice. A notice shall also be posted on
the property boundary where the entrance to the facility will be. The posted notice shall be at least 1 1/2
feet by 2 1/2 feet in size with clear, legible letters. The notice shall be printed in both English
and Spanish or other predominant language of the area. The notice shall include the following:
(1) name, address, and telephone number of the
applicant and contact person;
(2) the anticipated start-up date of the facility
or modification, and planned hours of operation;
(3) a description of the
facility, including the general process, location, size, quantity, rate, and
type of tires to be handled and a description of any proposed modification; and
(4) a statement that
written comments regarding the application should be provided to the department
and stating the date by which comments must be submitted.
B. Thirty
(30) days shall be allowed for the public to submit written comments to the
department. Should the secretary
determine that there is significant public interest, a public hearing shall be
held in the geographic area likely to be impacted by the tire facility.
[20.9.20.19 NMAC - N, 8/2/2007]
20.9.20.20 PERMIT ISSUANCE:
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 the applicant demonstrates that the
requirements of this part and the act are met and that neither a hazard to
public health, welfare or the environment nor undue risk to property will
result.
C. The
terms and conditions of the permit or permit modification shall be the approved
representations made by the permit applicant in the application, together with
any terms and conditions specifically identified by the secretary.
D. At
the time of permit issuance, the tire recycling facility or civil engineering
application will be assigned a permit number.
E. A
permit issued for a new or existing tire recycling facility shall be for the
active life of the facility as described in the approved permit, or for twenty
years, whichever is less.
F. A
permit issued for a civil engineering application shall terminate upon
completion of the civil engineering application or within five years of
issuance of the permit, whichever is less.
[20.9.20.20 NMAC - N, 8/2/2007]
20.9.20.21 PERMIT DENIAL, SUSPENSION OR
REVOCATION:
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
act, these rules or any subsequent rule adopted by the department;
(2) failure of the
applicant in the application or during the permit issuance process to disclose
fully all relevant facts;
(3) misrepresentation by the owner or operator
of any relevant facts at any time;
(4) a determination that
the permitted activity endangers public health, welfare or the environment;
(5) failure of the owner
or operator to demonstrate the knowledge and ability to operate a facility in
accordance with this part;
(6)
a history of non-compliance by the owner or operator with environmental
regulations, rules or statutes at another facility;
(7)
having any permit revoked or permanently suspended for cause under the
environmental laws of any state or the United States;
(8) modifying a facility
without the approval of the secretary; or
(9)
failure to respond to a request for additional information within sixty
(60) days of notification.
B. A
permit may be revoked in accordance with the procedures set forth in
Adjudicatory Procedures - Environment Department, 20.1.5 NMAC. Construction, modification and interim
operation, if any, shall cease upon the effective date of the revocation.
C. Once
a permit or permit modification is issued and all appeals are final, operations
or construction shall begin within one year.
If operation or construction does not begin within one year, the
secretary may revoke the permit, but in no event shall it be revoked pursuant
to this subsection sooner than one year after the effective date of these
regulations.
[20.9.20.21 NMAC - Rp, 20.9.2.212 NMAC, 8/2/2007]
20.9.20.22 EFFECT OF PERMIT OR REGISTRATION:
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
issuance of a permit does not convey any property rights of any sort, or any
exclusive privilege.
[20.9.20.22 NMAC - N, 8/2/2007]
20.9.20.23 PERMIT MODIFICATION:
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 any permit.
B. An
application for a modification shall demonstrate compliance with the portions
of this part that pertain to such a modification.
C. The
secretary may initiate the modification of permit conditions or require
modification of the facility if:
(1) changes occur after permit issuance, which
justify permit conditions that are different from or are not included in the
existing permit;
(2)
the secretary has received information that
was not in the record at the time of permit issuance and would have justified
the application of different permit conditions at the time of issuance;
(3)
the standards or regulations on which the
permit was based have changed by statute, through promulgation of new or
amended standards or regulations, or by judicial decision after the permit was
issued; or
(4)
the secretary determines good cause exists
for modification, such as an act of God, strike, flood, or materials shortage,
or other events over which the permittee has little or no control and for which
there is no reasonable remedy.
[20.9.20.23 NMAC - N, 8/2/2007]
20.9.20.24 TRANSFER OF PERMITS AND CHANGE IN
PERMIT APPLICANT:
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 of the change, submit the following:
(a) a description of the change in ownership;
(b) the date of the
change in ownership;
(c) if the change in
ownership is 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 or a land reclamation
project that uses 100,000 or more scrap tires per year, a statement that the
current financial assurance will remain in effect, or a new proposed financial
assurance to meet the requirements of 20.9.20.57 - 20.9.20.59 NMAC has been
obtained;
(d) a statement whether
the new owner has been convicted of a felony or other crime within ten years
immediately preceding the date of the transfer, and if so details of the crime
and conviction;
(e) a
statement whether the new owner has been fined within the past five years for
alleged violations of any environmental laws of this state, any other state or
the United States, and if so, details of any allegations, settlements or
compliance orders; and
(f) any other information required by the
department.
(2)
If the change in ownership is 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
or a land reclamation project that uses 100,000 or more scrap tires per year,
the permittee shall provide proof of public notice of the ownership change
using the procedures applicable to permit applications in Subsection A of 20.9.20.19
NMAC, and shall indicate in the public notice that the department will accept
public comment on the ownership change for a period of 30 days after the date
of publication.
(3) The existing financial assurance required
by 20.9.20.57 - 20.9.20.59 NMAC shall remain in effect until the secretary has
approved any new proposed financial assurance submitted by the new owner.
(4)
The secretary shall, within 90 days after the submission of all required
information, but not before the close of the public comment period, issue an
order approving, approving with terms or conditions, or denying the application
for permit transfer and revoking the permit. The secretary may condition the
approval or deny the application and revoke the permit based on evidence in the
administrative record. The secretary may
deny the application for any reason set forth in Subsection A of 20.9.20.21
NMAC.
B. A
change in the named permittee requires a permit transfer and shall be allowed
according to the following procedure.
(1)
Where the person owning the permit seeks to transfer the permit to a new
person to be named as permittee, the existing owner and the proposed new owner
shall file an application with the department requesting transfer of the
permit. The application shall contain
the following information:
(a) a description of the proposed change of
permittee;
(b) an
explanation of whether the change in permittee will have any effect on the
operations;
(c) If the change in
permittee is for a tire recycling facility that stores 20,000 or more scrap
tires at any one time or processes 200,000 or more scrap tires per year or a
land reclamation project that uses 100,000 or more scrap tires, a new proposed
financial assurance to meet the requirements of 20.9.20.57 - 20.9.20.59 NMAC;
(d) a statement whether the new owner has been
convicted of a felony or other crime within ten years immediately preceding the
date of the transfer, and if so, details of the crime and conviction;
(e) a
statement whether the new owner has been fined within the past five years for
alleged violations of any environmental laws of this state, any other state or
the united states, and if so, details of any allegations, settlements or
compliance orders;
(f) If the change in permittee is 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 or a land reclamation project that uses 100,000 or
more scrap tires; and
(g)
any other information required by the
secretary.
(2) The
permittee shall provide public notice of a proposed permit transfer using the
procedures applicable to permit applications in Subsection A of 20.9.20.19
NMAC, and shall indicate in the public notice that the department will accept
public comment on the permit transfer for a period of 30 days after the date of
publication.
(3)
If applicable, the existing financial assurance required by 20.9.20.57 -
20.9.20.59 NMAC shall remain in effect until the secretary has approved any new
proposed financial assurance submitted by the proposed new permittee.
(4) The
secretary shall, within 90 days after the submission of all required
information, but not before the close of the public comment period, issue an
order approving, approving with terms or conditions, or denying the application
for permit transfer, and if necessary, revoking the permit. The secretary may
condition the approval or deny the application and if necessary revoke the
permit based on evidence in the administrative record. The secretary may deny the application or if
necessary revoke the permit for any reason set forth in 20.9.20.21 NMAC.
C. If
a permit applicant changes ownership or seeks to transfer the application to a
new proposed permittee, the applicant and transferee shall follow the
procedures in this section. If the
application has already been deemed complete, the application shall be
re-noticed and re-submitted.
[20.9.20.24 NMAC - N, 8/2/2007]
20.9.20.25 PERMIT EXPIRATION:
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 submitted and approved in writing.
C. A
permit shall automatically expire when the department verifies that the closure
and any post-closure care plan, including corrective action, have been
completed.
D. If
a permitted facility begins operation, and thereafter does not operate for at
least one year, authorization to accept scrap tires is suspended and closure
activities shall begin immediately.
[20.9.20.25 NMAC -Rp, 20.9.2.II.211 NMAC, 8/2/2007]
20.9.20.26 APPLICATION REQUIREMENTS FOR SCRAP
TIRE HAULER REGISTRATION:
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 allowed to continue hauling until its application is either approved
or denied. Commercial solid waste
haulers registered pursuant to 20.9.3.31 NMAC who haul scrap tires using
vehicles that are primarily used for the hauling of other solid waste are not
required to register under this section.
Registrations are not transferable.
Applications for a scrap tire hauler registration shall include the
following information;
A. the
name, address, telephone number, and e-mail address of the operation for which
registration is sought, and the name address, telephone number, date of birth,
driver’s license number, and social security number of the owner and operator,
unless the owner and operator are public entities or are a publicly held
corporation that has on file and in effect with the federal securities and
exchange commission a registration statement required under 15 U.S.C. Section
77e(c);
B. the
anticipated start up date, hours of operation, and days of collection;
C. location
and zoning of vehicle maintenance and any storage yard(s) and a demonstration
that the use meets all zoning and land use regulations and restrictive
covenants;
D. certification
that drivers and vehicles are, and will continue to be, properly licensed;
E. a
statement whether any of the owners or operators have been fined for violation
of any environmental laws of any state or the United States;
F. a
statement of whether any of the owners or operators have had any permit or
registration revoked or permanently suspended for cause under the environmental
laws of any state or the United States;
G. a
copy of a current warrant issued by the New Mexico public regulations commission,
transportation division pursuant to Paragraph (5) of Subsection A of 18.3.2.8
NMAC, if applicable, or in the case of a public entity hauling special waste,
proof of financial responsibility;
H. a
list of all registered or permitted tire recycling facilities, beneficial
agricultural sites or solid waste facilities where scrap tires are expected to
be transported on a regular basis;
I. if
the hauler has a temporary storage facility used to separate scrap tires from
tires that will be sold for reuse, a separate permit for the hauler’s temporary
storage facility is not required, but the hauler must provide a statement in
the application that no more than 99 scrap tires will be stored at any one time
at the haulers temporary storage facility, and that scrap tires will be
separated from reusable tires and will not be stored for a period exceeding 72
hours;
J. evidence
that a surety bond in the amount of $10,000 has been posted; and
K. any
additional information required by the secretary.
L. All
applications shall be signed by the owner and operator, with a statement
certifying that all information in the application is true and correct.
[20.9.20.26 NMAC - N, 8/2/2007]
20.9.20.27 SCRAP TIRE HAULER BOND REQUIREMENTS: 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 provide
limited financial assurance for the cleanup and proper disposal of scrap tires
found to be illegally dumped by the scrap tire hauler.
A. The
surety bond provided to the department must be issued subject to the laws and
jurisdiction of the state of New Mexico and must issued by a surety company
authorized by the superintendent of insurance to do business in New
Mexico. The surety bond provided to the
department must have original signatures.
The wording of the surety bond must be identical to the wording on the
form supplied by the department.
B. The
surety bond must name the secretary of the New Mexico environment department as
the obligee for the surety bond. The secretary
may designate a third party to receive any funds from the surety in an amount
up to $10,000 to pay for the costs of clean-up activities.
C. The
surety bond must be continuous in nature, unless canceled by the surety
company. The security company must
notify the department sixty (60) calendar days prior to cancellation of the
surety bond. Notice must be provided in
writing via certified mail to the solid waste bureau chief.
D. In
the event of cancellation of a surety bond, the scrap tire hauler must provide
a replacement surety bond, executed by an authorized surety company, within
thirty (30) calendar days of the department’s receipt of the notice of
cancellation of the existing surety bond.
Should the scrap tire hauler fail to submit alternate bond coverage by
the thirty-first (31) calendar day following receipt by the department of the
notice of cancellation, the scrap tire hauler’s certificate of registration
shall be immediately suspended.
E. The
surety company shall become liable under the terms of the bond if the
department determines that the scrap tire hauler has failed to comply with the
provisions of the Solid Waste Act, the Recycling and Illegal Dumping Act and
20.9.2 NMAC through 20.9.10 NMAC or this part. The registered scrap tire hauler
is jointly and severally liable for the bond amount and any penalties, clean-up
costs, or judgments resulting from hauling activities in violation of the Solid
Waste Act, the Recycling and Illegal Dumping Act and 20.9.2 NMAC through
20.9.10 NMAC or this part that exceed the bond amount.
F. The
surety’s liability is limited to the amount of the surety bond. The amount of monies recoverable from the
scrap tire hauler is not limited to the amount of the bond. A scrap tire hauler shall be responsible for
paying for any financial obligations, beyond $10,000 should the department
successfully obtain the $10,000 from the surety pursuant to the terms of the
surety bond, caused by improper disposal of scrap tires by the scrap tire
hauler or the scrap tire hauler’s employee while acting within the scope of
employment, as determined by the department.
G. The
owner or operator may cancel the surety if the department has given prior
written consent. The department will
provide such written consent when the scrap tire hauler has given written
notification that the scap tire hauler is no longer in business and/or the date
that the scrap tire hauling activities ceased.
[20.9.20.27 NMAC - N, 8/2/2007]
20.9.20.28 SCRAP TIRE HAULER REGISTRATION
PROCEDURES:
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. The department
shall issue a notice of administrative completeness or a notice that additional
information is necessary within 60 days after receipt of the application. The secretary may extend the time for good
cause.
C. Within
60 days of receipt of a request for additional information regarding any scrap
tire hauler registration application, the owner or operator shall submit the
information requested by the department, or the secretary may deny the
registration application without prejudice.
[20.9.20.28 NMAC - N, 8/2/2007]
20.9.20.29 SCRAP TIRE HAULER REGISTRATION
DENIAL, REVOCATION, OR SUSPENSION:
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 suspending a registration include a finding that the
applicant or owner or operator has:
(1) knowingly misrepresented a material fact
in the application;
(2)
refused to disclose or failed to disclose the information required under
the provisions of this part or the act;
(3) exhibited a history of willful disregard
for the environmental laws of any state or the United States;
(4)
had any permit revoked or permanently suspended for cause under the
environmental laws of any state or the United States;
(5)
violated a term or condition of the registration, any requirement of
this part, or any requirement of the act or otherwise endangered public health
or welfare;
(6)
knowingly misrepresented a material fact at any time after issuance of
the registration;
(7)
failed to maintain a valid warrant pursuant to 18.3.2 NMAC; or
(8) failed to comply with the Parental
Responsibility Act, Sections 40-5A-1 et seq. NMSA 1978 (1998 Cum. Supp.).
C. If
the department recommends denial of a scrap tire hauler registration, notice
shall be provided to the applicant by registered mail. The applicant may request a hearing on the
registration denial by filing a written request for hearing with the hearing
clerk within 30 days of receipt of the notice.
A request for hearing shall be treated as a hearing determination and
the hearing conducted pursuant to 20.1.4 NMAC, Permit Procedures - Environment
Department. If no request for hearing is
filed within 30 days of receipt of the notice, the recommended denial shall
become a final action of the secretary.
D. A
scrap tire hauler registration may be revoked or suspended in accordance with
the procedures set forth in 20.1.5 NMAC, Adjudicatory Procedures - Environment
Department. Operation, if any, shall
cease upon the effective date of the revocation or suspension.
[20.9.20.29 NMAC - N, 8/2/2007]
20.9.20.30 REGISTRATION ISSUANCE:
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 operator demonstrates that
the requirements of this part and the act are met and that neither a hazard to
public health, welfare or the environment nor undue risk to property will
result.
C. The
terms and conditions of the registration shall be the approved representations
made by the registration applicant in the application, together with any terms
and conditions specifically identified by the secretary.
D. At
the time of registration issuance, the scrap tire hauler will be assigned a
registration number.
E. The
department shall maintain a list of registered scrap tire haulers on its solid waste
bureau website.
[20.9.20.30 NMAC - N, 8/2/2007]
20.9.20.31 SCRAP TIRE HAULER REGISTRATION RENEWAL:
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 the same information required in
20.9.20.26 NMAC, and in addition provide a complete description of its
compliance history and any other information requested by the secretary. The existing registration shall remain in effect
until the registration is granted, granted with conditions or denied.
B. A
registered scrap tire hauler may continue to operate under the terms and
conditions of the existing registration for a period not to exceed one year
after the effective date of these rules or until the registration is renewed whichever
is first provided that:
(1) the owner and
operator are in compliance with the existing registration, this part, and any
applicable federal regulations;
(2) a complete renewal application is
submitted in a timely fashion in accordance with this section; and
(3) the owner or operator adequately submits
any requested additional information by the deadline specified by the secretary.
[20.9.20.31 NMAC - N, 8/2/2007]
20.9.20.32 SCRAP TIRE HAULER REGISTRATION
EXPIRATION:
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 obtain a new registration prior to operation.
[20.9.20.32 NMAC - N, 8/2/2007]
20.9.20.33 CURRENT HOLDERS OF TIRE RECYCLING
FACILITY REGISTRATIONS, SPECIFIC TIRE RECYCLING FACILITY PERMITS AND LAND
RECLAMATION SITES: 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.
[20.9.20.33 NMAC - N, 8/2/2007]
20.9.20.34 CONFIDENTIALITY OF INFORMATION:
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 submittal.
B. To
claim confidentiality of information in a submittal, the submitter must clearly
mark each page in the document on which the submitter claims there is
confidential information, and submit to the department a written description of
the basis for the claim of confidentiality at the time of submission. The department shall review the claim of
confidentiality based on the written submittal and determine whether the
information may be maintained as confidential pursuant to the Inspection of
Public Records Act, Section 14-2-1 et seq. NMSA 1978. If the department determines that information
in a submittal is confidential, the department may require submission of
redacted copies of the submittal for the public record.
C. If
no claim of confidentiality is made at the time of submission, any such claims
are deemed waived and the department may make the information available to the
public without further notice.
D. Information
that is determined by the department to be confidential may be disclosed to
officers, employees, or authorized representatives of the state or the United
States concerned with implementing law enforcement, or when relevant in any
proceedings under the act or this part.
[20.9.20.34 NMAC - N, 8/2/2007]
20.9.20.35 FEE SCHEDULE: There are no fees for tire recycling facility
permits, storage permits, civil engineering application permits, or scrap tire
haulers registrations.
[20.9.20.35 NMAC - N, 8/2/2007]
20.9.20.36 GENERAL SITING CRITERIA FOR TIRE
RECYCLING FACILITIES, STORAGE FACILITIES AND CIVIL ENGINEERING APPLICATIONS:
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 appropriate authority.
B. No civil engineering application
shall be constructed in a floodplain, a waterway, or a wetland without
authorization by the U.S. army corps of engineers or other appropriate
authority.
C. No tire recycling facility or civil
engineering application shall be located within historically or
archaeologically significant sites, unless in compliance with the Cultural
Properties Act, Sections 18-6-1 et seq. NMSA 1978 and the Prehistoric and
Historic Sites Preservation Act, Sections 18-8-1 et seq. NMSA 1978.
[20.9.20.36 NMAC - N, 8/2/2007]
20.9.20.37 REQUIREMENTS FOR STORAGE OF SCRAP
TIRES AND TIRE DERIVED PRODUCT BY TIRE RECYCLING AND STORAGE FACILITIES AND FOR
TEMPORARY STORAGE BY CIVIL ENGINEERING APPLICATIONS:
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
electric power lines and in no event within 20 feet on either side of an
electric power line.
C. Open
burning is prohibited at all tire storage sites. Smoking shall be allowed only in designated
areas.
D. Scrap
tire piles or stacks of tire bales shall be no greater than 10 feet in height,
nor shall the pile or stack be more than 50 feet wide by 100 feet long.
E. There
shall be a minimum separation of 40 feet between outdoor scrap tire piles, bale
stacks, and other stored materials. This
40 foot space shall be designated as a fire lane that totally encircles the
tire piles and shall be maintained as an all-weather road.
F. Outdoor
storage piles and bale stacks must be separated from grass and weeds by a
minimum of 40 feet and from brush and forested areas including pinon and juniper
by a minimum of 100 feet.
G. When
there are more than three (3) outdoor storage piles of scrap tires or scrap
tire bales that are 10 feet high by 50 feet wide by 100 feet long, the
separation between the groups shall be at least 75 feet wide.
H. Tires
shall not be stored under bridges, elevated trestles, elevated roadways, or
elevated railroads.
I. When
the bulk volume of scrap tires will be more than 20,000 cubic feet, a firmly
anchored fence that is at least six feet high or other method of security that
has been approved by the local fire authority is required.
J. All
gates to the outdoor storage piles of scrap tires shall be locked when the
facility is not staffed.
K. All
gateways, fire breaks and separation lanes shall be free of obstructions at all
times.
L. The
scrap tire storage site shall have fire extinguishers that are in compliance
with the local fire code.
M. Each
site permitted as a tire recycling or storage facility shall conspicuously
display at each entrance a sign at least 1 1/2 feet by 2 1/2 feet in size with
clear, legible letters stating the name of the scrap tire storage site using
the, name, location, and physical address of the site, the tire recycling or
storage facility permit number, the hours of operation and emergency telephone
numbers.
N. The
facility must have suitable structures or features to prevent surface water
run-on from surrounding areas as well as preventing surface runoff from leaving
the facility.
O. The
scrap tire storage site shall be designed, constructed and maintained in
accordance with all local building codes, fire codes, and other applicable
local codes and regulations including litter and nuisance codes.
P. An
adequate means of suppression or extinguishing fires shall be provided.
[20.9.20.37 NMAC - N, 8/2/2007]
20.9.20.38 GENERAL OPERATING AND CONSTRUCTION
REQUIREMENTS: 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 health,
welfare or the environment;
B. is
in compliance with rules adopted by state and local fire authorities; and
C. operates
and maintains the facility in accordance with 20.9.20.37 NMAC.
[20.9.20.38 NMAC - N, 8/2/2007]
20.9.20.39 ADDITIONAL OPERATING REQUIREMENTS
FOR ALL PERMITTED TIRE RECYCLING FACILITIES:
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 when and how to implement the
emergency contingency plan that meets the requirements of 20.9.20.47 NMAC and
document in the operating record that such training has been conducted;
(3) maintain a written
operating record and manifests in compliance with 20.9.20.48 - 20.9.20.50 NMAC;
and
(4)
notify the department both orally and in writing within 24 hours of an
incident that may negatively impact the environment, or human health or
requires implementation of the facility's emergency contingency plan.
B. The
secretary may order temporary changes in operation or facility design in
emergency situations when the secretary determines there is an imminent danger
to public health, welfare or the environment.
[20.9.20.39 NMAC - N, 8/2/2007]
20.9.20.40 ADDITIONAL OPERATING REQUIREMENTS
FOR PERMITTED FACILITIES THAT STORE MORE THAN 20,000 SCRAP TIRES AT ANY ONE
TIME OR PROCESSES MORE THAN 200,000 SCRAP TIRES PER YEAR: 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 permit number and emergency telephone
numbers; and
B. prominently
post key operational procedures.
[20.9.20.40 NMAC - N, 8/2/2007]
20.9.20.41 CIVIL ENGINEERING APPLICATION
CONSTRUCTION AND MAINTENANCE REQUIREMENTS:
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 employees on duty.
C. All
civil engineering applications shall be constructed in a stable manner.
D. The
secretary may order temporary changes in storage, construction or design in
emergency situations when the secretary determines there is an imminent danger
to public health, welfare or the environment.
E. After
completion, all civil engineering applications should be inspected on a regular
basis by the site owner or operator to observe any weakness or failure of the
structure.
F. In
the event of a crack, break or collapse of the civil engineering application,
the failure will be repaired in a timely manner so that scrap tires do not
enter contiguously owned property or become a health hazard.
G. Loose
tires used for civil engineering applications shall be filled with soil or
other fill material to prevent the tires from becoming harborage for vectors.
H. The
owner or operator of a civil engineering application shall maintain a written
operating record and retain manifests in compliance with 20.9.20.48 - 20.9.20.50
NMAC.
I. Upon
completion of the civil engineering application, all excess scrap tires held in
temporary storage and equipment used for construction shall be removed, and a final
report shall be submitted to the department pursuant to 20.9.20.53 NMAC.
[20.9.20.41 NMAC - N, 8/2/2007]
20.9.20.42 ADDITIONAL CONSTRUCTION AND
MAINTENANCE REQUIREMENTS FOR A CIVIL ENGINEERING APPLICATION THAT USES 100,000
OR MORE SCRAP TIRES OR IS MORE THAN TWO BALES HIGH: 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.
[20.9.20.42 NMAC - N, 8/2/2007]
20.9.20.43 OPERATING REQUIREMENTS FOR CIVIL
ENGINEERING APPLICATIONS USING SCRAP TIRES FOR LAND RECLAMATION:
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 have been excavated
or soil removed for a purpose other than for the burial of tires or tire
pieces.
B. Any
person holding a permit for a civil engineering application using scrap tires
for land reclamation shall:
(1) not adversely affect human health, public
safety or the environment, either during fill operations or after the
reclamation protect is completed;
(2) not create a public
nuisance;
(3) place scrap tires below ground mixed in a
proportion no greater than 33% scrap tires by volume with soil suitable as fill
material and compact and grade the structure in a manner that will prevent
erosion;
(4)
maintain a written operating record and
retain manifests in compliance with 20.9.20.48 - 20.9.20.50 NMAC during the
filling process; and
(5)
not store scrap tires on the ground surface
without burial and mixing with inert material for a period longer than one
week.
[20.9.20.43 NMAC - N, 8/2/2007]
20.9.20.44 ADDITIONAL OPERATING REQUIREMENTS
FOR CIVIL ENGINEERING APPLICATIONS THAT USE 10,000 OR MORE SCRAP TIRES PER YEAR
FOR LAND RECLAMATION: No more than 10 acres of land shall be
reclaimed using scrap tires at any one location.
[20.9.20.44 NMAC - N, 8/2/2007]
20.9.20.45 OPERATING REQUIREMENTS FOR SCRAP
TIRE HAULERS AND TRANSPORTERS:
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
tires to prevent loss of contents during transportation.
B. Additional
operating requirements for persons that haul scrap tires for hire follows.
(1)
All registered scrap tire haulers shall conspicuously label all vehicles
on both sides with the company’s name, telephone number and registration
number.
(2)
Pursuant to 20.9.20.50 NMAC, registered scrap
tire haulers shall provide a scrap tire manifest to the scrap tire generator
for each load of scrap tires hauled.
(3) Registered scrap tire haulers shall comply
with all manifesting requirements in 20.9.20.50 NMAC and record keeping
requirements in 20.9.20.48 NMAC and 20.9.20.49 NMAC.
(4) Scrap tire haulers shall provide prior notification
to the department in writing of any major changes in operation. A major change includes a change in
ownership, a change in location of vehicle maintenance and storage yard and a
change in the disposal facility being used.
In the case of emergency, where prior notice cannot be given, written
notice shall be given within 48 hours after the change.
(5) A scrap tire hauler is responsible for
assuring that scrap tires are transported to a permitted or registered facility
or beneficial agricultural operation within 30 days after leaving the site of
the generator.
(6)
A hauler's temporary storage facility shall contain no more than 99
scrap tires at any one time.
(7) Scrap tires shall be stored for no more
than 72 hours at a hauler's temporary storage facility.
[20.9.20.45 NMAC - N, 8/2/2007]
20.9.20.46 SCRAP TIRE GENERATOR OPERATING
REQUIREMENTS:
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 generated on-site.
C. Each
scrap tire generator shall monitor and control vectors in outdoor tire storage
areas.
D. Each
scrap tire generator may transport its scrap tires from its own business
locations to a permitted or registered facility or bona fide beneficial
agricultural operation without a scrap tire hauler registration and shall
provide the manifest to the final destination for completion. The scrap tire generator shall retain the
manifest pursuant to 20.9.20.50 NMAC.
E. Each
scrap tire generator shall comply with all manifesting requirements in 20.9.20.50
NMAC.
[20.9.20.46 NMAC - N, 8/2/2007]
20.9.20.47 CONTINGENCY PLAN FOR EMERGENCIES:
A. Holders of tire recycling facility
permits shall maintain a current emergency contingency plan designed to
minimize hazards to public health, welfare or the environment.
B. A
copy of the emergency contingency plan shall be kept at the permitted facility
and copies shall be provided to the appropriate emergency response authorities
of the local government.
C. The
provisions of the emergency contingency plan shall be carried out immediately
whenever there is a fire, explosion, or release of contaminants which could
pose an immediate or imminent threat to public health, welfare or the
environment.
D. The
emergency contingency plan shall be amended immediately whenever the following
occurs.
(1) The facility permit
is modified.
(2) The plan fails in an emergency.
(3) The facility’s
design, operations, maintenance, or other circumstances change in a way that
increases the potential for fires, explosions, or releases of hazardous
constituents, or necessitate changes to the planned emergency response.
(4)
The list of emergency coordinators changes.
(5) The list of emergency equipment changes.
E. The
emergency contingency plan for emergencies shall include the following, if
applicable.
(1)
A description of the actions facility personnel should take in response
to fires or other disaster.
(2) A description of arrangements with local
police departments, fire departments, hospitals, contractors, and state and
local emergency response teams to coordinate emergency services.
(3) A list of the name(s) and telephone
numbers of the emergency coordinator(s).
If more than one person is listed, one must be named as the primary
emergency coordinator.
(4)
A list of all emergency equipment at the facility (such as fire
extinguishing systems, communications and alarm systems), along with the
location, physical description, and a summary of the capabilities of each item.
(5)
An evacuation plan for facility personnel which describes signal(s) to
be used to begin evacuation, evacuation routes, and alternate evacuation routes
in cases where the primary routes could be blocked by fire or releases of
toxins.
(6)
Instructions for the emergency coordinator or his designee, in case of
an imminent or actual emergency situation, to immediately:
(a) activate internal
facility alarms or communication systems, where applicable, to notify all
facility personnel; and
(b) notify appropriate state
and local agencies with designated response roles if their assistance is
needed.
(7) Instructions for the emergency
coordinator, whenever there is a fire or other disaster, to as quickly as
possible identify the nature, source, amount, and extent of any accident of
fire by means of observation, review of facility records or manifests, or if
necessary, by chemical analysis.
(8) Instructions for the emergency coordinator
to assess possible hazards to public health, welfare or the environment that
may result from the fire or explosion.
(9) Instructions for the emergency coordinator
to provide for appropriate treatment, storage, or disposal of recovered waste,
or any other material that results from a release, fire, or explosion at a
facility, after the emergency situation is under control.
[20.9.20.47 NMAC - N, 8/2/2007]
20.9.20.48 RECORD KEEPING:
A. All persons holding a tire recycling
facility permit shall maintain manifests and any records necessary to comply
with its annual report requirements which shall include:
(1)
the type of processing;
(2)
the number of scrap tires or weight of the scrap tires received from
each scrap tire generator or scrap tire hauler;
(3)
the name, mailing address, contact name, telephone number and e-mail
address if available, of each transporter that delivered scrap tires to the
facility;
(4)
the name, mailing address, contact name, telephone number and e-mail
address if available, of the scrap tire generator where the scrap tires
originated;
(5)
the number of unprocessed scrap tire remaining at the site at the end of
the calendar year;
(6) the
number of processed scrap tire remaining at the site at the end of the calendar
year; and
(7)
the number of tire bales, if applicable, remaining at the site at the
end of the calendar year.
B. Any
person holding a civil engineering application permit shall maintain a record
during the construction of the project that includes manifests and any records
necessary to comply with applicable record keeping requirements and the final
project report requirements which shall include:
(1) the number of scrap tires or weight of the
scrap tires received from each scrap tire generator or scrap tire hauler;
(2) the name, mailing
address, contact name, telephone number and e-mail address if available, of
each transporter that delivered scrap tires to the civil engineering
application; and
(3)
the name, mailing address, contact name, telephone number and e-mail
address if available, where the scrap tires originated.
C. Any
person holding a scrap tire hauler registration shall maintain manifests and
any records necessary to comply with its annual report requirements which shall
include:
(1)
the number of scrap tires or weight of the scrap tires for each month,
by origin and destination;
(2) the name, mailing
address, and e-mail address if available, of each scrap tire generator or scrap
tire hauler; and
(3) the name, mailing address,
and e-mail address if available, of each authorized facility where scrap tires
are delivered.
D. Any
person holding a scrap tire hauler registration shall retain all manifests
showing the collection and disposition of all used or scrap tires.
E. All
records, plans, manifests and information required by this part shall be
furnished upon request and be made available at reasonable times for inspection
by the department.
F. All
records, plans, manifests and annual reports required by this part shall be
retained by the facility during the operational life of the facility and for a
period of three (3) years after closure of the facility.
G. Any
person holding a tire recycling facility permit or a civil engineering
application permit shall retain at the permitted site a copy of the terms and
conditions of the permit or registration, the emergency contingency plan if
applicable, and permit or registration certificate.
H. Any
person holding a scrap tire hauler registration shall keep a copy of the
certificate of registration and any terms and conditions in any vehicle used to
transport the scrap tires.
[20.9.20.48 NMAC - Rp, 20 NMAC 9.2.III.301, 8/2/2007]
20.9.20.49 ANNUAL REPORTS AND FINAL REPORTS: Any person having a tire recycling facility
permit, civil engineering application permit or scrap tire hauler registration
shall submit an annual report to the secretary within 60 days after the end of
each calendar year describing the operations of the past year.
A. For
tire recycling facilities, the report shall include the following information:
(1) the type of
processing;
(2) the number of scrap
tires or weight of the scrap tires received annually from each scrap tire generator
or scrap tire hauler;
(3)
the name, mailing address,
contact name, telephone number and e-mail address if available, of each
transporter that delivered scrap tires to the facility;
(4) the name, mailing
address, contact name, telephone number and e-mail address if available, where
the scrap tires originated;
(5) the number of unprocessed scrap tire
remaining at the site at the end of the calendar year;
(6)
the number of processed scrap tire remaining at the site at the end of
the calendar year; and
(7) the number of tire
bales, if applicable, remaining at the site at the end of the calendar year.
B. For scrap tire haulers, the report
shall include the following information:
(1)
the number of scrap tires or weight of the scrap tires for each month,
by origin and destination;
(2)
the name, mailing address, contact name, telephone number and e-mail
address if available, of each scrap tire generator or scrap tire hauler; and
(3)
the name, mailing address, contact name, telephone number and e-mail
address if available, of each authorized facility where scrap tires are
delivered.
C. For
civil engineering projects taking more than one year, the report shall include
the following information:
(1)
the number of scrap tires or weight of the
scrap tires received from each scrap tire generator or scrap tire hauler;
(2) the name, mailing address, contact name,
telephone number and e-mail address if available, of each scrap tire generator
or scrap tire hauler;
(3) the name, mailing
address, contact name, telephone number and e-mail address if available, where
the scrap tires originated; and
(4) the status of the
civil engineering application to include the number of scrap tires or weight of
scrap tires that have not been used for the project yet, the number that is
still needed, and the portion of the project that has already been completed.
D. For
civil engineering projects taking less than one year, the report shall be
submitted to the department 30 days after completion and shall include:
(1) as built
drawings including cross section and plan view, if different from the proposed
design; if the civil engineering application used 100,000 scrap tires or more
or is more than two scrap tire bales high, the as built shall be signed and
sealed by a professional engineer registered in New Mexico;
(2) the total number of scrap tires or tire
bales used for the civil engineering application;
(3)
the length, width and height of the civil
engineering application; and
(4) photographs of the civil engineering
application.
[20.9.20.49 NMAC - Rp, 20 NMAC 9.2.III.301, 8/2/2007]
20.9.20.50 SCRAP TIRE MANIFEST SYSTEM:
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 will place a copy of the
approved format on the solid waste bureau website, and will also make it
available at the department. The
manifest form shall be provided by the transporter or if transportation is
performed by the generator, then the generator shall supply the manifest. The manifest form shall include:
(1) the name, physical
address, mailing address and telephone number of the generator;
(2) the name, address,
and telephone number of all haulers in the order each will be transporting the
scrap tires; if the scrap tires are being transported for hire, the scrap tire
or commercial hauler's registration number shall be included;
(3) if the hauler removes
scrap tires from the shipment for reuse, the number and type of tires removed, the
name, phone number and physical address, of the used tire reseller or
individual to whom the scrap tires were delivered;
(4) the name, telephone
number and permit or registration number of the facility to which the scrap
tires are to be delivered;
(5) the number and type
of scrap tires released by the scrap tire generator;
(6) the number and type of scrap tires
delivered to the final destination;
(7) sequential numbering; and
(8) a minimum of 4 copies; copy 4 will be
retained by the scrap tire generator upon completion of tire loading; copy 3
will be retained by the scrap tire transporter upon delivery of tires to a
permitted processing facility; copy 2
will be retained by the processing facility;
copy 1, or the original copy, shall be returned to the generator by the
processing facility in accordance with the requirements of this section.
B. The
generator or his authorized agent shall sign and date the manifest and obtain
the signature of the initial hauler and date of acceptance on the
manifest. The generator shall retain a
copy of the manifest. Each hauler shall
obtain the signature and date of the individual who accepts the scrap tires for
recycling, further transportation or disposal, retain a copy of the manifest,
and provide the original manifest to the next hauler or facility operator who
receives the scrap tires.
C. Once
the scrap tires reach a permitted tire recycling facility, a permitted civil
engineering application site, a bona fide beneficial agricultural use, or a
solid waste facility having a valid permit or registration, that destination
shall be considered the final destination and must return the signed and dated
manifest to the generator. If the scrap
tires are transported from the permitted or registered facility or site, the
facility or site shall be considered a generator of scrap tires, and a new
manifest must be initiated.
D. If
a registered scrap tire or registered commercial hauler removes tires for reuse
or resale while transporting from a generator site to a permitted tire
recycling facility, a permitted civil engineering application site, a bona fide
beneficial agricultural use, or a solid waste facility having a valid permit or
registration, he shall retain copies and invoices for the sale of any tires
removed from the original shipment for a period of three (3) years, showing the
name, address, and if available, the phone number of the customer.
E. If
a registered scrap tire or registered commercial hauler removes for reuse all
tires from an individually manifested shipment, the hauler shall return the
original manifest to the generator within 60 days of the date of collection. If all are not removed, the manifest shall be
adjusted to show the number of tires removed.
The manifest shall follow the scrap tires to the next hauler or final
destination.
F. The
manifest shall accurately reflect the required information and shall be signed
and dated by the generator, each hauler of the scrap tires, and by the final
destination, acknowledging delivery, number or weight, and receipt of the scrap
tires. All signatories shall be duly
authorized agents of their organizations.
The generator shall keep a copy of the originating manifest for three
years.
G. The
final destination of the scrap tires shall be a permitted tire recycling
facility, a permitted civil engineering application site, a bona fide
beneficial agricultural use, or a solid waste facility having a valid permit or
registration issued pursuant to the Solid Waste Act 74-9-1, et seq. NMSA 1978.
H. A
scrap tire hauler shall release the scrap tires and provide the accompanying
scrap tire manifest(s) to the final destination within 30 days after the release
of scrap tires from the scrap tire generator.
I. The
generator shall contact the department if the original manifest is not received
within 60 days of the date of release of the scrap tires.
J. Upon
discovery of any significant discrepancy including, but not limited to, factual
misrepresentation on the manifest, irregularities in transportation or any
unauthorized action in regard to the shipment, delivery, or disposal of the
scrap tires, the person discovering the discrepancy shall notify the department,
the generator, the hauler, and the final destination in writing within 24
hours. A discrepancy of over 20% between
the number of tires released by the generator site, if measured by number, and
scrap tires accepted at the final destination, if measured by weight, and
unless otherwise accounted for, shall be considered significant.
K. Within
thirty days of receipt of a scrap tire shipment at the final destination, the
owner or operator of the final destination shall send the original signed copy
of the manifest to the scrap tire generator, acknowledging receipt of the
shipment. The facility owner or operator
shall list any significant discrepancies on the manifest. Other methods of return of the manifest may
be allowed upon specific approval from the secretary.
L. A
copy of the manifest shall be retained by each hauler and final destination for
their operating records. The scrap tire
generator shall retain for a period of three years both the originating copy
and the returned original manifest signed by the solid waste facility owner or
operator and all haulers transporting the waste. Haulers shall retain a copy of the manifest
for a period of three years.
M. Copies
of the manifest shall be retained by the final destination throughout any
closure period.
N. This
section shall not apply to scrap tires that are collected incidentally to the
collection and transportation of municipal solid waste to a permitted or
registered facility.
O. The
transportation of scrap tires between a permitted or registered solid waste
facility and another permitted or registered solid waste facility or permitted
civil engineering application shall be exempt from this section.
P. Transportation
of scrap tires by the New Mexico department of transportation and its contractors
is exempt from this section.
Q. Registered
commercial waste haulers that are hired to transport scrap tires from an
illegal dump site or an abatement project are exempt from this section.
[20.9.20.50 NMAC - N, 8/2/2007]
20.9.20.51 CLOSURE REQUIREMENTS FOR TIRE
RECYCLING FACILITIES AND CIVIL ENGINEERING APPLICATIONS: Closure plans are required in the application
for a permit or permit modification, pursuant to 20.9.20.11 NMAC.
[20.9.20.51 NMAC - N, 8/2/2007]
20.9.20.52 CLOSURE REQUIREMENTS FOR TIRE RECYCLING
FACILITIES:
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 recycling facility shall notify the department in
writing of the intent to close at least 30 days before the last day tires are
to be accepted at the facility and shall notify the department in writing
within 14 days after the closure is complete.
C. Within
30 days after site closure is complete, the owner or operator shall notify the
department certifying that all requirements have been met.
D. If
the facility was required to provide proof of financial assurance for closure,
the department shall inspect the site within 30 days of closure. If the closure is found to be satisfactory,
the department shall approve the closure in writing and release the financial
assurance instruments.
E. Owners
or operators of tire recycling facilities shall:
(1) remove all processed
and unprocessed tires;
(2)
dismantle and remove any improvements related to scrap tire handling and
processing, if required in the approved closure plan; and
(3) comply with all other
conditions of the approved closure plan of the permit.
[20.9.20.52 NMAC - N, 8/2/2007]
20.9.20.53 COMPLETION REQUIREMENTS FOR CIVIL
ENGINEERING APPLICATIONS: 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 documenting that the project has
been completed and that all scrap tires not used in the project have been
removed; and
C. provide the department with a final
report of the completed civil engineering application including as built
drawings in accordance with Subsection D of 20.9.20.49 NMAC. If the civil engineering application used
100,000 scrap tires or more or is more than two scrap tire bales high, the as
built shall be signed and sealed by a professional engineer registered in New
Mexico.
[20.9.20.53 NMAC - N, 8/2/2007]
20.9.20.54 ADDITIONAL CLOSURE AND COMPLETION
REQUIREMENTS FOR CIVIL ENGINEERING APPLICATIONS THAT USE SCRAP TIRES FOR LAND
RECLAMATION:
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 measures where necessary to control erosion and rodent intrusion.
B. Upon
completion of closure, a detailed description of the location of the land
reclamation site, including a plat signed by a registered surveyor, shall be
filed with the appropriate county land recording agent. The description and the plat shall be filed
so that it will be found during a title search and proof of the filing shall be
submitted to the department. The
description shall perpetually notify any potential purchaser of the property
that:
(1)
scrap tires have been used to reclaim the land; and
(2) if applicable, its
use is restricted as described in the post-closure care plan.
C. The
owner or operator shall prepare a written closure and post-closure care plan
that describes the steps necessary for closure and post-closure care of the
project and any anticipated future uses of the property following closure. The written plan shall include the following:
(1) a vegetation plan, if appropriate; and
(2)
a monitoring and repair plan that describes methods to be used to ensure cover integrity, including but
not limited to settlement, ponding, water erosion, wind erosion, and inadequate
drainage.
[20.9.20.54 NMAC - N, 8/2/2007]
20.9.20.55 ENFORCEMENT 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.
[20.9.20.55 NMAC - N, 8/2/2007]
20.9.20.56 RECYCLING AND ILLEGAL DUMPING FUND CRITERIA
AND PROCEDURES FOR AWARDING GRANTS AND LOANS:
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. Counties,
municipalities, cooperative associations, Indian nations, pueblos, tribes, or
land grant communities seeking a contract for abatement of illegal dumpsites or
the recycling of scrap tires shall submit an application on a form developed by
the department. All dumpsite abatement
contract applications will be prioritized for award using the following
criteria:
(1)
number of scrap tires and estimated amount and type of other on-site
solid waste;
(2) population within a five-mile radius of the
illegal dumpsite or stockpile;
(3) schools, hospitals, businesses and industries
within a five-mile radius of the illegal dumpsite or stockpile;
(4) the distance to
rivers, streams and arroyos;
(5) the fire hazard
posed; and
(6) whether the illegal dumpsite or stockpile is
still active, and if so, what action, if any, is being taken by the governing
body of the county, municipality, cooperative association, Indian nation,
pueblo or tribe, or land grant community to terminate the activity.
C. Counties,
municipalities, cooperative associations, Indian nations, pueblos, tribes, or
land grant communities seeking a grant or loan for the recycling of scrap
tires, abatement of illegal scrap tire dumpsites, or other purposes described
in Section 74-13-17 NMSA 1978 shall submit an application on a form developed
by the department All such grants or
loans will be prioritized for award using the criteria in Subsection B above,
or for the recycling of scrap tires or other purposes described in Section
74-13-17 NMSA 1978, using the following criteria:
(1)
need;
(2)
urgency;
(3)
amount of local funding available;
(4)
consistency with surrounding land use;
(5)
population served;
(6) consistency with department priorities;
(7) alternative solutions available; and
8) in no event shall a grant, loan or
contract for processing be awarded to a person who receives less than
ninety-five percent of recyclable materials from sources in New Mexico.
D. The
department shall allocate budgeted grant money consistent with the requirements
of Section 74-13-17 NMSA 1978.
E. In
accordance with Subsection C of Section 74-13-7 NMSA 1978, the recycling and
illegal dumping alliance shall review and make recommendations to the
department for establishing priorities for each funding and application cycle
and for funding grant applications for grants from the recycling and illegal
dumping fund.
F. The
department shall establish funding and application cycles.
G. Once
applications have been submitted, the department shall:
(1)
review all applications for eligibility, completeness, and adequacy of
technical and financial information;
(2) use a
point system to evaluate each application; and
(3) make recommendations
to the secretary for awarding grants and loans based on fund availability and
points.
H. Grants
or loans are contingent on the execution of an acceptable contract between the
department and the entity awarded the grant or loan. Each contract shall, at a minimum:
(1)
clearly state the proposed use of funds;
(2)
establish a work plan and schedule;
(3)
create a budget; and
(4)
for abatement projects, state the mechanisms to be used by local
authorities to prevent future illegal dumping at the site to be abated.
[20.9.20.56 NMAC - N, 8/2/2007]
20.9.20.57 FINANCIAL ASSURANCE APPLICABILITY
AND EFFECTIVE DATE:
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
Subsection C of 20.9.20.17 NMAC, except owners and operators who are the United
States, the state of New Mexico, or any agency, department, instrumentality,
office, or institution of those governments whose debts and liabilities are the
debts and liabilities of the United States or the state of New Mexico.
B. The
owner or operator of a tire recycling facility modified after the effective
date of these regulations shall have an approved financial assurance mechanism
in place prior to implementing the modification.
C. For
tire recycling facilities operating on or after September 1, 1995, the
requirements of 20.9.20.57 - 20.9.20.59 NMAC apply beginning 180 days following
the effective date of these regulations.
[20.9.20.57 NMAC - N, 8/2/2007]
20.9.20.58 FINANCIAL ASSURANCE FOR CLOSURES:
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 detailed written estimate, in current
dollars, of the cost of hiring a third party to close the facility. The owner
or operator shall file a copy of the estimate with the department concurrently
with any request for approval of a financial assurance mechanism, and shall
place a copy of the estimate in the operating record, and notify the department
that the estimate has been placed in the operating record.
B. During
the active life of the facility, the owner or operator shall annually adjust
the cost estimate for inflation and any other factors affecting closure
costs. A copy of the adjusted closure
cost estimate shall be filed with the department, and a copy shall be placed in
the operating record.
C. The
owner or operator shall increase the amount of financial assurance if changes
to the closure or facility conditions increase the maximum cost of closure or
abatement at any time during the remaining active life by over 3 percent of the
current financial assurance amount.
D. The
owner or operator may reduce the amount of financial assurance for closure if
the cost estimate exceeds the maximum cost of closure at any time during the
remaining life of the facility, upon specific approval by the secretary. To seek approval, the owner or operator shall
provide the adjusted cost estimate and supporting documentation to the
department. If approved, the owner or
operator may revise any financial assurance documents to reflect the adjusted
closure cost estimate, and shall file a duplicate original of each financial
assurance document with the department within 15 days following approval, and
shall place a copy of the estimate and approval in the operating record.
E. Cost
estimates for all facilities shall include department contract management costs
of at least 10 percent of the estimated closure costs.
F. The
owner or operator shall provide continuous coverage for closure until released
from financial assurance requirements by a written verification issued by the
secretary pursuant to Subsection D of 20.9.20.52 NMAC.
[20.9.20.58 NMAC - N, 8/2/2007]
20.9.20.59 ALLOWABLE MECHANISMS FOR FINANCIAL
ASSURANCE: 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 20.9.10.13 NMAC.
[20.9.20.59 NMAC - N, 8/2/2007]
20.9.20.60 VARIANCES: 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.
[20.9.20.60 NMAC - N, 8/2/2007]
20.9.20.61 RECYCLING AND ILLEGAL DUMPING
ALLIANCE: The recycling and
illegal dumping alliance shall complete the requirements of Subsection C of
74-13-7 NMSA 1978.
[20.9.20.61 NMAC - N, 8/2/2007]
20.9.20.62 EXEMPTIONS: 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",
pursuant to 3.6.5.27 NMAC. Upon request,
verification that the property upon which the tire recycling facility or civil
engineering application is located has been granted an agricultural exemption
by the assessor of the county where the tire recycling facility or civil
engineering application is located shall be submitted to the secretary. In addition, any person claiming to be exempt
from the act must show, upon request, that the scrap tires are being put to a
beneficial agricultural use.
[20.9.20.62 NMAC - N, 8/2/2007]
20.9.20.63 REUSABLE TIRES: 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.
[20.9.20.63 NMAC - N, 8/2/2007]
20.9.20.64 COMPLIANCE WITH OTHER REGULATIONS: Compliance with this part does not relieve a
person of the obligation to comply with other applicable local, state and
federal laws.
[20.9.20.64 NMAC - Rp, 20 NMAC 9.2.109, 8/2/2007]
HISTORY OF 20.9.20 NMAC:
Pre NMAC History: none.
History of Repealed Material: 20 NMAC 9.2,
Tire Recycling (filed 07/18/1995) repealed 8/2/2007.
NMAC
History: 20 NMAC 9.2,
Tire Recycling (filed 07/18/1995) was renumbered, reformatted and replaced by
20.9.20 NMAC, Recycling, Illegal Dumping and Scrap Tire Management, effective 8/2/2007.