New Mexico Register / Volume
XXXI, Issue 4 / February 25, 2020
This is an amendment to 20.4.2 NMAC,
Sections 2, 7, 201, 203 through 210, 301, 302 and 401, effective 3/5/2020. Section 7
has been renumbered pursuant to style and format recommendation from SRCA,
Administrative Law Division.
20.4.2.2 SCOPE: This
part applies to all persons who own or operate a permitted facility at which
the treatment, storage or disposal of hazardous waste is occurring or has
occurred, all persons seeking or required to obtain a permit for the treatment,
storage or disposal of hazardous waste or corrective action, all persons
subject to an enforceable document under the New Mexico Hazardous Waste Act,
and all persons engaging in or required to engage in closure, post closure care
and corrective action under the New Mexico Hazardous Waste Act, Sections 74-4-1
through 74-4-14 NMSA 1978.
[12/31/1998;
20.4.2.2 NMAC - Rn, 20 NMAC 4.2.I.102, 8/18/2006; A, 3/5/2020]
20.4.2.7 DEFINITIONS: Unless
otherwise defined in this part, the words and phrases used in this part have
the same meanings as in 20.4.1 NMAC, Hazardous Waste Management regulations. As used in this part:
A. Terms beginning with the letter “A”:
(1) "Accelerated
corrective action completion report" or "accelerated corrective measures completion report" means
a report on implementation of presumptive remedies at small and relatively
simple units where groundwater contamination is not a component of the
accelerated cleanup, where the remedy is considered to be the final remedy for
the unit, and where the field work will be accomplished within 180 days of
commencement;
(2) "Accelerated corrective action work
plan" or "accelerated corrective
measures work plan" means a work plan to implement presumptive remedies
at small and relatively simple units where groundwater contamination is not a
component of the accelerated cleanup, where the remedy is considered to be the
final remedy for the unit, and where the field work will be accomplished within
180 days of commencement;
(3) "Act"
means the New Mexico Hazardous Waste Act, Sections 74-4-1 through 74-4-14 NMSA
1978;
(4) "Administrative
authority" means the secretary of the New Mexico environment department,
or the secretary's designee, or, in the case of provisions for which the state
is not authorized, the United States environmental protection agency (EPA);
(5) "Administratively
complete" means a determination made by the secretary that an
application contains all the general information required in 40 CFR 270.13,
applicable specific information in sections 40 CFR 270.14 through 270.28 and is
complete as defined by the regulations of 20.4.1.900 NMAC incorporating 40 CFR
270.10 (c) and (d);
(6) "Area
of concern" or "AOC"
means any area having a known or suspected release of hazardous waste or
hazardous constituents that is not from a solid waste management unit and that
the secretary has determined may pose a current or potential threat to human
health or the environment, pursuant to 20.4.1.500 NMAC (incorporating 40 CFR
270.32 (b) (2)). An area of concern may
include buildings, and structures at which releases of hazardous waste or
constituents were not remediated, including one-time and accidental events;
B. Terms beginning with
the letter “B:
(1) “Background study report” means a
report documenting the results of a study to determine background
concentrations of naturally occurring inorganic compounds;
(2) “Background
study work plan” means a plan proposing the methods to evaluate naturally
occurring concentrations of inorganic compounds in environmental media;
C. Terms beginning with
the letter “C”:
(1) "Certification of completion"
means a report documenting completion of corrective action required at a unit,
submitted to the NMED to demonstrate that corrective action requirements for
the unit, have been satisfied;
(2) "Closure
certification document" means all documentation certified by a New
Mexico registered professional engineer in a certification of closure that is
submitted by an owner or operator;
(3) "Corrective action"
means any activity related to site assessment, investigation, remediation,
characterization or monitoring including reporting and document submittals at
SWMUs or AOCs, including activities related to off-site migration;
(4) "Corrective
action complete with controls" means that NMED has determined that no
additional remedial activity is required at a unit, but the unit requires
continued performance of operation and maintenance, or monitoring actions for
engineering controls, or institutional controls;
(5) "Corrective
action complete without controls" means that NMED has determined that
no additional remedial activity is required at a unit;
(6) "Corrective
measures evaluation" or "CME"
or "corrective measures study report"
or "CMS report" means a
report or study that evaluates remedial alternatives for the purpose of remedy
selection and includes specifications to implement a proposed remedy;
(7) "Corrective
measures evaluation work plan" or "CME
work plan" or "corrective measures
study work plan" or "CMS work
plan" means a plan to identify, develop and evaluate potential
corrective measures (remedy) alternatives;
(8) "Corrective
measures implementation work plan" or "CMI work plan" means plans and specifications to
implement the approved remedy at a facility;
(9) "Corrective
measures implementation report" or "CMI report" means a report signifying completion of the
remedy approved by NMED for termination of corrective action;
D. Terms beginning with the letter “D”: [RESERVED]
E. Terms beginning with
the letter “E”:
(1) “Emergency permit” means an
emergency permit as defined at 40 CFR 270.61;
(2) "Enforceable
document" means an order, a plan, or other document issued by EPA or
the state under an authority that meets the requirements of 40 CFR 271.16 (e);
F. Terms beginning with
the letter “F”:
(1) "FFCO"
means federal facility compliance order;
(2) “Frequent monitoring plan” means
a plan that describes proposed periodic monitoring activities for detection
compliance or corrective action monitoring, monitoring of a remediation system,
or other corrective measure monitoring for a single site or contiguous sites with
shared boundaries;
(3) “Frequent
monitoring report” or “Frequent
progress report” means a report that describes periodic monitoring
activities and results for detection, compliance or corrective action
monitoring, monitoring of a remediation system, or other corrective measure
monitoring or progress related to a corrective measure for a single site or
contiguous sites with shared boundaries;
G. Terms beginning with
the letter “G”: [RESERVED]
H. Terms beginning with the letter “H”:
(1) "Hazardous
waste management activity" means the treatment, storage, or disposal
of hazardous waste within a hazardous waste management unit at a facility
subject to a hazardous waste permit or operated under interim status and
subject to permit authorization, or any closure or post-closure care activity
required at a hazardous waste management unit;
(2) "HWMR"
means the New Mexico Hazardous Waste Management regulations, Title 20, Chapter
4, Part 1 of the New Mexico administrative code;
I. Terms beginning with the letter
“I”:
[(1) "Interim measure monitoring report" means a report which
describes results of the monitoring activities conducted during implementation
of measures to abate, minimize, stabilize, mitigate, or eliminate a release or
threat of release, implemented prior to implementation of a final remedy;]
(1) "Interim
measures report" means a report that describes the results of interim
corrective measures conducted to abate, minimize, stabilize, mitigate, or
eliminate a release or threat of release, implemented prior to implementation
of a final remedy;
(2) "Interim
measures work plan" means a work plan to implement proposed interim
corrective measures conducted to abate, minimize, stabilize, mitigate, or
eliminate a release or threat of release, implemented prior to implementation
of a final remedy;
(3) "Investigation report" or "RFI report" or "RCRA facility investigation report"
or "phase report" means
a report that summarizes the results of investigation of the nature, rate,
movement and extent of contamination at a unit or facility;
(4) "Investigation
work plan" or "RFI work plan"
or "RCRA facility investigation
work plan" means a work plan that describes proposed investigation
activities to evaluate the nature, rate, movement and extent of contamination
at a unit or facility;
J. Terms beginning with the letter “J”: [RESERVED]
K. Terms beginning with the letter “K”: [RESERVED]
L. Terms beginning with the letter “L”:
(1) “Letter report” or “Supplemental report” or “Report addendum” means a report
summarizing the results of the implementation of a work plan of limited scope
where the field work was completed in seven working days or less and that did
not constitute the initial field investigation at a site.
(2) “Letter
work plan” or “Supplemental work
plan” or “Work plan addendum”
means a work plan of limited scope that describes proposed corrective action
activities where the field work can be completed in seven working days or less
and does not constitute the initial field investigation of a site.
M. Terms beginning with
the letter “M”: "Monitoring plan"
means a plan that describes proposed periodic monitoring activities for
detection, compliance or corrective action [ground water] monitoring,
monitoring of a remediation system, or other corrective measure monitoring;
N. Terms beginning with
the letter “N”:
(1) "Notice
of land transfer" means a notice that initiates NMED evaluation of the
results of investigation activities conducted to evaluate the nature, rate,
movement and extent of contamination and corrective measures at a property that
is anticipated to be transferred to an owner other than the owner regulated by
a permit or enforceable document;
(2) "NMED" means the New Mexico
environment department;
(3) “Notice of disapproval” or “Disapproval” means NMED-issued
correspondence requiring revision and resubmittal of a deficient document;
O. Terms beginning with
the letter “O”: "Operation and maintenance plan" means a plan that
describes operation, maintenance and monitoring of a remediation system or
other corrective measure or monitoring activity that requires continued
monitoring or upkeep during implementation;
P. Terms beginning with the letter “P”:
(1) "Periodic monitoring report"
means a report that summarizes periodic detection, compliance or corrective
action ground water monitoring, monitoring of a remediation system, or other
corrective measure monitoring;
(2) "Person" means any
individual, trust, firm, joint stock company, federal agency, corporation
including a government corporation, partnership, association, state,
municipality, commission, political subdivision of a state or any interstate
body; and shall include each department, agency and instrumentality of the
United States;
(3) ["Petition for NFA review" or]
"Petition for corrective action complete
review" means a petition to change the status of a unit from
"subject to corrective action" to a different status (e.g.,
corrective action complete or no further action required) based on the results
of corrective action activities or other relevant information
(4) "Pilot/aquifer test report"
means a report summarizing the results of pilot or aquifer tests conducted
to evaluate hydrologic or other conditions for the purpose of site [investigation]
characterization or remedy selection;
(5) "Pilot/aquifer test work plan"
means a work plan for conducting pilot or aquifer tests to evaluate
hydrologic or other conditions for the purpose of site [investigation] characterization
or remedy selection;
Q. Terms beginning with
the letter “Q”: [RESERVED]
R. Terms beginning with
the letter “R”:
(1) "RCRA facility assessment" or
"RFA" means the first
stage in the corrective action process in which information is compiled on
conditions at the site, including releases, potential releases, exposure
pathways, solid waste management units, and areas of concern;
(2) “Rejected
document” means a document deemed unreviewable due to deficiencies related
to permit or other enforceable document requirements, disorganization, or a
substantial amount of missing information, inaccuracies, or unrelated or
redundant information;
(3) " Release assessment" or
"SWMU assessment report" means
an assessment of a solid waste management unit or area of concern performed
after the RCRA facility assessment but before the initiation of any field
investigation or full site characterization to obtain information for use
in focusing subsequent investigations or eliminating certain units or areas
from further consideration;
(4) "Remedial action plan" or
"RAP" means a special form
of a RCRA permit as defined in 20.4.1.900 NMAC, incorporating 40 CFR 270.80;
(5) "Remedy completion report" means
a report summarizing the results of completion of the implementation of
corrective measures;
(6) “Revision” or “Document revision” means a document
that is revised and resubmitted by a facility in response to comments issued by
the department in a Notice of Disapproval or Disapproval as distinct from
revisions submitted in response to an Approval with Modification(s);
(7) "Risk evaluation/risk assessment
report" means a report summarizing the results of a risk evaluation or
assessment for the purpose of evaluating the human health and ecological risks
of exposure to contaminants and determining appropriate cleanup levels at a
site;
S. Terms beginning
with the letter “S”:
(1) "Secretary" means the secretary
of the New Mexico environment department;
(2) "Solid
waste management unit" or "SWMU"
means any discernible unit at which solid wastes have been placed at any
time, irrespective of whether the unit was intended for the management of solid
or hazardous waste; such units include any area at a facility at which solid
wastes have been routinely and systematically released;
(3) "Submittal”
means all applications, permit modification requests, plans, reports,
studies, and other documents listed in tables 2 through 7 in 20.4.2.205 NMAC
through 20.4.2.210 NMAC;
(4) "Status
report" means a report summarizing the progress of implementation of
corrective actions or corrective measures;
T. Terms beginning with
the letter “T”: [RESERVED]
U. Terms beginning with the letter “U”: "Unit" means" hazardous
waste management unit" as defined in 20.4.1.101 NMAC, incorporating 40 CFR
260.10, or solid waste management unit, or area of concern;
V. Terms beginning with
the letter “V”: [RESERVED]
W. Terms beginning with the letter “W”: [RESERVED]
(1) "Well completion report" means a report summarizing the activities
related to the drilling and installation of wells.
(2) “Well abandonment report” or “Well replacement report” means a report
summarizing the activities related to abandonment or replacement of a well;
(3) “Well abandonment work plan” or “Well replacement work plan” means a
work plan that describes the proposed activities to abandon or replace a well.
[12/31/1998;
20.4.2.7 NMAC - Rn, 20 NMAC 4.2.I.107 & A, 8/18/2006; A, 3/5/2020]
20.4.2.201 Types of fees: Every owner or operator engaged in hazardous
waste management activities or engaged in corrective action shall pay to NMED
fees in the amounts specified in Subsections A through L of 20.4.2.201 NMAC. However, if an owner or operator has paid a
fee for any type of permit application, or for the review of a submittal, prior
to the effective date of these regulations, the owner or operator shall not be
required to pay the fee provided for by these regulations. An owner or operator who has paid a fee
provided for in table 2 or table 4 for permit applications or permit
modification requests shall be required to pay the applicable fee again if the
application or document is resubmitted by the owner or operator after being
denied under Section 74-4-4.2 NMSA 1978 [, Section 74-4-4.2,] and
20.4.1.901 NMAC by NMED. The secretary
may in his discretion, based on good cause shown, determine that the fee on
resubmission should be reduced or waived.
A. Annual Fees:
Every owner or operator engaged in
hazardous waste management activities or engaged in corrective action shall pay
to NMED an annual fee in an amount equal to the sum of the annual unit
fees set forth in table 1 of 20.4.2.204 NMAC for each unit as identified in the
facility permit, part A application, or enforceable document, or any
combination thereof as applicable.
B. Submittal review process:
(1) For
each submittal, the owner or operator shall pay the associated review fee as listed
in the tables in 20.4.2.205 NMAC through 20.4.2.210 NMAC. NMED will conduct the review within the time
specified in the tables in 20.4.2.205 NMAC through 20.4.2.210 NMAC. The secretary may grant an extension of time
for good cause shown. NMED shall provide
notice to the owner or operator of any requested time extension.
(2) NMED
will invoice the owner or operator for the applicable review fee:
(a) Within
60 days of receipt of submittal, in the case of interim status fees, corrective
action submittal fees, and other fees assessed under tables 3, 5, 6, and 7 of
20.4.2.206 NMAC and 20.4.2.208 NMAC through 20.4.2.210 NMAC.
(b) After
an application is deemed administratively complete, in the case of application
and permit modification fees under table 2 of 20.4.2.205 NMAC and table 4 of
20.4.207 NMAC. For class 2 permit modification requests the invoice shall be
issued within 30 days of receipt and the procedures of 40 CFR 270.42, as incorporated
by 20.4.1.900 NMAC, shall apply. Unless
extended by the secretary, administrative completeness determination shall be
made within [180] 270 days of receipt of the submittal. If the application is incomplete, NMED shall
provide the owner or operator with written notice that shall list those parts
of the application that are missing and describe the specific information
needed to process the permit application.
(3) The
timeframe for NMED review begins after receipt of payment, except for class 2
permit modification requests, in which case the time frame for NMED’s review
begins upon receipt of the request.
(4) NMED
will provide the owner or operator written notice of approval, approval with
modifications, disapproval, denial, or rejection of the
submittal. If the submittal is
disapproved, denied or rejected, NMED shall provide the owner or operator with
written notice providing the reasons for such action.
(5) The
review times specified in the tables in 20.4.2.205 NMAC through 20.4.2.210 NMAC
shall be tolled during all periods in which NMED is awaiting a response by the
owner or operator to a notice under Paragraph (1) of Subsection B of 20.4.2.201
NMAC and during all time periods in which further action cannot be taken due to
public comment and hearing requirements, except for class 2 permit modification
requests, in which case the time frame for NMED’s review begins upon receipt of
the request.
(6) If
NMED fails to meet a notice date pursuant to 20.4.2.205 NMAC through 20.4.2.210
NMAC, including an administrative completeness notice date, the NMED shall,
within 10 business days after the deadline, notify the secretary and the owner
or operator that the deadline was not met. The written notice shall state the reasons that
the deadline was not met and propose a new deadline by which the NMED will
act. The owner or operator may submit a
written response to the secretary regarding its proposed remedy within 10
business days of its receipt of the notification. The secretary, at his or her discretion,
shall establish a new notice date and remedy within 30 days after the secretary
receives notice that the deadline was not met.
(7) In
the event of a conflict between review time and notice dates in these
regulations and in an enforceable document, the time-periods and review process
in the enforceable documents shall control.
C. Permit application, remedial action
plan, and corrective action section fees: Every owner or operator seeking a permit for
the treatment, storage or disposal of hazardous waste or for post closure care
shall pay an application review and permit preparation fee set forth in table 2
of 20.4.2.205 NMAC. The fee for application
review and permit preparation shall be in an amount equal to the sum of the
fees for each unit included in the permit application. If a corrective action section is required,
the owner or operator shall also pay the basic fee for corrective action
preparation set forth in table 2 of 20.4.2.205 NMAC plus the additional unit
fee for each corrective action unit in excess of one which is addressed by the
corrective action section. NMED [shall]
will perform the review of the application and prepare the draft permit within
the time specified in table 2 of 20.4.2.205 NMAC after receipt of the fees.
D. Permit renewals: Every
owner or operator seeking to renew a previously issued permit for the
treatment, storage or disposal of hazardous waste or for post-closure care
shall pay an application review and permit preparation fee, and if required, a corrective
action section fee, in the amounts and in the manner set forth in table 2 in
20.4.2.205 NMAC.
E. Interim status closure
plan review fees: Every owner or operator submitting an interim
status closure plan for review and approval shall pay a fee set forth in table
3 of 20.4.2.206 NMAC. The fee shall be
in an amount equal to the sum of the fees set forth in table 3 of 20.4.2.206
NMAC for each unit included in the closure plan. An application to modify an approved interim
status closure plan is subject to the following fees:
(1) Amendments
of plans that are identified as equivalent to a class 1 or a class 2 permit
modifications are subject to the corresponding fee in table 4 in 20.4.2.207
NMAC;
(2) Amendments
of plans identified as equivalent to class 3 permit modifications are subject
to the corresponding fee in table 3 in 20.4.2.206 NMAC.
F. Permit modification fees: Every owner or operator who requests a class
1, 2, or 3 modification to a permit, and every owner or operator whose permit
is to be modified as a result of a five [(5)] year land disposal review
shall pay the applicable class modification fee for each modification as set forth
in table 4 of 20.4.2.207 NMAC. If the
permit modification request is to add a new unit to the permit the applicable
fee in table 2 of 20.4.2.205 NMAC will apply.
G. Closure report review fees: Every
owner or operator who submits a closure report for review shall pay a closure report
review fee as set forth in table 3 of 20.4.2.206 NMAC.
H. Corrective action submittal
review fees: Every owner or operator
who submits a corrective action submittal for review shall pay a corrective action
submittal review fee as set forth in table 5 of 20.4.2.208 NMAC. An additional unit fee shall be paid for each
additional unit for submittals that address multiple units. Documents that contain attached documents or
attached sections of other documents within the submittal will be assessed a
separate document review fee for the attached document or document section
corresponding to the document type listed in table 5 of 20.4.2.208 NMAC. Draft documents shall be considered initial
submittals subject to the corrective action submittal review fees as set forth
in table 5 of 20.4.2.208 NMAC. Rejected
documents shall be subject to the corrective action submittal review fees as
set forth in table 5 of 20.4.2.208 NMAC upon resubmittal.
I. Land disposal review fee: Every
owner or operator subject to a review under 20.4.1.900 NMAC (incorporating 40
CFR 270.50 (d)) shall pay a review fee as set forth in table 6 of 20.4.2.209
NMAC. At the time of invoicing, NMED
shall notify the owner or operator in writing of any additional information
required to process the review.
J. Audit review fee: Every
owner or operator subject to an audit review required under a facility permit
or enforceable document shall pay an audit fee for each audit as set forth in
table 6 of 20.4.2.209 NMAC.
K. FFCO fee: Every
owner or operator subject to a review of amendments, annual reports, and
revisions under an FFCO shall pay a fee as set forth in table 6 of 20.4.2.209
NMAC. In the event of a conflict between
the review times specified in table 6 and the FFCO, the FFCO shall control.
L. Change during interim status fee: Every
owner or operator who requests a change during interim status pursuant to
20.4.1.900 NMAC (incorporating 40 CFR 270.72) shall pay the following fees:
(1) Modifications
that are identified as being equivalent to class 1 or class 2 permit
modifications are subject to the corresponding fee in table 7 in 20.4.2.210
NMAC;
(2) Modifications
identified as equivalent to class 3 permit modifications are subject to the
corresponding fee in table 7 in 20.4.2.210 NMAC.
M. Emergency permit fee: Every facility that requests an emergency
permit as required by 40 CFR 270.61 shall pay a fee as set forth in table 6 of
20.4.2.209 NMAC.
N. Adjustment for
inflation: Beginning January 1
following the effective date of these fee regulations, the fees listed in
20.4.2.204 through 20.4.2.210 shall be adjusted annually to account for
inflation. The amounts shall be adjusted
by the percentage of the preceding calendar year’s change in the consumer price
index for All Urban Consumers (CPI-U), United States City Average for All
Items, published by the United States Department of Labor. The amount of change in the fee shall be
rounded to the nearest fifty dollars ($50).
[12/31/1998;
20.4.2.201 NMAC - Rn, 20 NMAC 4.2.II.201 & A, 8/18/2006; A, 3/5/2020]
20.4.2.203 HEARING
FEES: An applicant for issuance, renewal, or
modification of a permit, or remedy selection shall be required to pay the
following hearing fees if the secretary determines that a public hearing shall
be held on the application.
A. Hearing fee: The applicant shall be invoiced a hearing fee of
[twenty thousand dollars ($20,000)] $25,000 within [thirty]
30 days of notification by the secretary that a hearing will be scheduled.
B. Administrative
record preparation fee: The
applicant shall pay an administrative record preparation fee equal to the
actual cost of copying the administrative record for the public hearing
process.
C. Facility fee: The applicant shall pay a facility fee equal
to the actual cost of providing the public facility, including security and
other ancillary costs, necessary to conduct the public hearing.
D. Recording and
Transcription service fee: The
applicant shall pay a recording and transcription service fee equal to the
actual cost of providing recording and transcription services for the public
hearing and providing three copies of the hearing transcript to NMED.
E. Translation service
fee: If the secretary determines
that translation services are required for the public hearing, the applicant
shall pay a translation service fee equal to the actual cost of providing
translation services necessary to conduct the public hearing.
F. The applicant
shall be invoiced for the total cost of the hearing within 90 days after the secretary’s
final decision under Subsection A of 20.4.2.203 NMAC. The hearing fee required under Paragraph (1)
of Subsection A of 20.4.2.203 NMAC will be credited against the total cost of
the hearing, or if the fee is more than the total cost of the hearing it shall
be credited for future actions.
[12/31/1998;
20.4.2.203 NMAC - Rn, 20 NMAC 4.2.II.201.8 & 203 & A, 8/18/2006; A, 3/5/2020]
20.4.2.204 TABLE
1 - Annual Fees:
|
Unit Type |
Fee |
|
Disposal |
[ |
|
Treatment |
[ |
|
Storage |
[ |
|
Post Closure |
[ |
|
Corrective Action
Management (CAMU) |
[ |
|
Temporary (TU) |
[ |
|
Remedial Action
Plan Unit |
[ |
|
Corrective
Action Only |
|
|
SWMU/AOC per Unit: |
$1000 |
|
[ |
[ |
|
[ |
|
|
[ |
|
|
Corrective Action
Complete with Controls per Unit |
[ |
[12/31/1998;
20.4.2.204 NMAC - Rn, 20 NMAC 4.2.II.204 & A, 8/18/2006; A, 3/5/2020]
20.4.2.205 TABLE
2 - Application and corrective action
section fees:
|
Unit Type |
Fee |
Fee for Renewal or Modification to add a
unit |
Review Time |
|
Land Disposal |
[ |
[ |
[ |
|
Post Closure |
[ |
[ |
[ |
|
Land Treatment |
[ |
[ |
360 days |
|
Surface
Impoundment |
[ |
[ |
360 days |
|
Incinerator |
[ |
[ |
[ |
|
Boiler or
Industrial Furnace |
[ |
[ |
360 days |
|
Subpart X |
[ |
[ |
[ |
|
Waste Pile |
[ |
[ |
[ |
|
Treatment in Tanks |
[ |
[ |
[ |
|
Treatment in
Containers |
[ |
[ |
[ |
|
Storage in Tanks |
[ |
[ |
[ |
|
Storage in
Containers |
[ |
[ |
|
|
Research
Demonstration and Development |
[ |
[ |
360 days |
|
Remedial Action
Plan |
[ |
[ |
360 days |
|
Permit for
Corrective Action Only |
[ |
[ |
360 days |
|
Corrective Action
Section |
$10,000 |
$7,000 |
N/A |
|
Additional
SWMU/AOC Unit Fee |
[ |
N/A |
N/A |
[12/31/1998;
20.4.2.205 NMAC - Rn, 20 NMAC 4.2.II.205 & A, 8/18/2006; A, 3/5/2020]
20.4.2.206 TABLE 3 - Interim Status Closure
Plan and Interim Status and Permitted Unit Closure Report Review Fees:
|
Unit Type |
Fee |
Amendment Fee (equivalent to Class 3 permit
modification) |
Review Time |
|
Land Disposal or
Land Treatment |
$20,000 |
$10,000 |
[ |
|
Surface
Impoundment |
[ |
[ |
[ |
|
Incinerator |
$8,000 |
$4,000 |
270 days |
|
Boiler or Industrial
Furnace |
$8,000 |
$4,000 |
270 days |
|
Subpart X |
[ |
[ |
[ |
|
Waste Pile |
$8,000 |
$4,000 |
270 days |
|
Storage |
[$ |
[ |
[ |
|
Treatment |
[$ |
[ |
[ |
|
Closure Report |
[$ |
NA |
180 days |
[12/31/1998;
20.4.2.206 NMAC - Rn, 20 NMAC 4.2.II.206 & A, 8/18/2006; A, 3/5/2020]
20.4.2.207 TABLE
4 - Permit modification fees:
|
Modification |
Fee |
Review Time |
|
Class 1 (without
prior approval) |
[ |
N/A |
|
Class 1 (with
prior approval) |
[ |
[ |
|
Class 2 |
[ |
Refer to 20.4.1.900 NMAC (incorporating 40
CFR 270.42 (b) |
|
Class 3 |
[ |
[ |
|
Class 3 - Petition
for Corrective Action Complete Review/Petition for No Further Action Review |
[ plus [ |
[ |
[12/31/1998;
20.4.2.207 NMAC - Rn, 20 NMAC 4.2.II.207 & A, 8/18/2006; A, 3/5/2020]
20.4.2.208 TABLE
5 - Corrective action submittal review
fees:
|
Submittal Type |
Basic Review Fee |
Additional Unit Fee |
Review Time |
|
Accelerated
Corrective Action Completion Report/Accelerated Corrective Measures
Completion Report |
[ |
$1,000 |
120 days |
|
Accelerated
Corrective Action Work Plan/Accelerated Corrective Measures Work Plan |
[ |
$1,000 |
120 days |
|
Background
Study Report |
$5,000 |
$1,000 |
210 days |
|
Background
Study Work Plan |
$4,000 |
$1,000 |
210 days |
|
Certification of
Completion per unit |
[ |
NA |
90 days |
|
Corrective
Measures Implementation Report |
[ |
$1,000 |
360 days |
|
Corrective
Measures Implementation Work Plan |
[ |
$1,000 |
270 days |
|
Corrective
Measures Study Report/ Corrective Measures Evaluation |
[ |
$1,000 |
480 days |
|
Corrective
Measures Study Report/ Corrective Measures Evaluation with Risk Assessment |
[ |
$1,000 |
480 days |
|
Corrective
Measures Study Workplan/ Corrective Measures Evaluation Workplan |
[ |
$1,000 |
360 days |
|
Frequent
Monitoring Plan |
$3,500 |
$1,000 |
120 days |
|
Frequent
Monitoring Report/Frequent Progress Report |
$3,000 |
$1,000 |
N/A |
|
[ |
[ |
[ |
[ |
|
Interim Measures
Report |
[ |
$1,000 |
120 days |
|
Interim Measures
Work Plan |
[ |
$1,000 |
90 days |
|
Investigation
Report (RFI Report)/Phase Report |
[ |
$1,000 |
270 days |
|
Investigation Report
with Risk Assessment |
[ |
$1,000 |
360 days |
|
Investigation Work
Plan (RFI Work Plan) |
[ |
$1,000 |
270 days |
|
Letter
Report/Supplemental Report/Report Addendum |
$6,000 |
$1,000 |
180 days |
|
Letter Work
Plan/Supplemental Work Plan/Work Plan Addendum |
$5,000 |
$1,000 |
180 days |
|
Monitoring Plan |
[ |
$1,000 |
120 days |
|
Notice of Land
Transfer |
[ |
$1,000 |
120 days |
|
Operation and
Maintenance Plan |
[ |
$1,000 |
150 days |
|
Periodic
Monitoring Report |
[ |
$1,000 |
N/A |
|
Pilot/Aquifer Test
Report |
[ |
$1,000 |
[ |
|
Pilot/Aquifer Test
Work Plan |
[ |
$1,000 |
[ |
|
RCRA Facility
Assessment (RFA) Report |
[ |
$1,000 |
180 days |
|
Release
Assessment/SWMU Assessment Report |
[ |
$1,000 |
[ |
|
Remedy Completion
Report |
[ |
$1,000 |
180 days |
|
Third
Revision/Third Document Revision |
50% of corresponding Review Fee |
N/A |
N/A |
|
Risk
Evaluation/Risk Assessment Report |
[ |
$1,000 |
180 days |
|
Status Report |
[ |
$1,000 |
N/A |
|
Well Completion
Report per well |
[ |
NA |
90 days |
|
Well
Abandonment Report/Well Replacement Report per well |
$2,000 |
N/A |
90 days |
|
Well
Abandonment Work Plan/Well Replacement Work Plan per well |
$2,000 |
N/A |
90 days |
[20.4.2.208 NMAC - N,
8/18/2006; A, 3/5/2020]
20.4.2.209 TABLE
6 - Land Disposal, Audit Review and
Other fees:
|
Activity |
Fee |
Review Time |
|
Land Disposal
Permit Review |
$10,000 |
360 days |
|
Audit Review |
[ |
[ |
|
FFCO
Administration |
[ |
90 days |
|
Emergency
Permit |
$1,000 |
30 days |
[20.4.2.209 NMAC -
N, 8/18/2006; A, 3/5/2020]
20.4.2.210 TABLE
7 - Change During Interim Status fees:
|
Submittal Type |
Fee |
Review Time |
|
Change without
prior approval |
[ |
[ |
|
Change with prior
approval (equivalent to Class 1 permit modification) |
[ |
[ |
|
Change with prior
approval (equivalent to Class 2 permit modification) |
[ |
120 days |
|
Change with prior
approval (equivalent to Class 3 permit modification) |
[ |
[360] 540 days |
[20.4.2.210 NMAC -
N, 8/18/2006; A, 3/5/2020]
20.4.2.301 Manner of payment and due dates:
A. Annual Fee Invoices: NMED
shall invoice every owner or operator for the annual fee by October 1 of every
year.
B. Review Fees: Any submittals listed in tables 2 through 7 of
20.4.2.205 NMAC through 20.4.2.210 NMAC submitted by an owner or operator for
review shall be invoiced for the corresponding fee by NMED.
C. Due Date: Payment of any fee shall be due within [sixty]
60 days of receipt of the invoice unless the owner or operator submits to NMED
a written request seven [(7)] days prior to the end of the [sixty]
60 day period and receives written approval to extend the time for payment
before the date payment is due. Failure to submit payment within the [sixty]
60 days, or approved extension, may result in the document being denied, and
further enforcement action.
D. All fees shall
be paid to NMED by certified check or money order payable to the New Mexico [hazardous
waste fund] Environment Department or the Hazardous Waste Bureau, by
electronic funds transfer (with prior notice to NMED), or by other methods
deemed acceptable by NMED. Cash payments
are not an acceptable method of payment. All payments must include the invoice number
and be addressed to the New Mexico environment department - hazardous waste bureau.
[12/31/1998;
20.4.2.301 NMAC - Rn, 20 NMAC 4.2.III.301 & A, 8/18/2006; A, 3/5/2020]
20.4.2.302 Appeal of Fee Assessment:
A. Mandatory Settlement Conference:
Any owner or
operator seeking to appeal an invoice for fees under this part must first
notify the NMED in writing of the intent to appeal the invoice within [thirty]
30 calendar days of receipt of the invoice.
The notice shall set forth the specific matters in dispute, the basis
for the dispute, and any matters considered necessary for NMED’s consideration.
The parties shall have [thirty] 30 calendar days from NMED’s receipt of
notification to meet or confer with NMED to attempt to resolve the matters in
the dispute. The secretary may extend
deadlines under this section upon a determination that good cause exists. If an agreement is reached resolving the
dispute, NMED may issue a revised invoice and the owner and operator shall
comply with the terms of such agreement and revised invoice. If an agreement is not reached, NMED shall
issue a notification to all parties that an agreement has not been reached. Failure to notify NMED of an appeal in the
required timeframe shall prohibit the owner and operator from appeal of the
invoice.
B. Administrative appeal:
(1) An
invoice for fees may be appealed by filing a written request for hearing with
the hearing clerk designated by the secretary of environment within [thirty]
30 days of the date of the notification that an agreement has not been reached.
The written request shall be accompanied
by a copy of the invoice being contested and shall set forth the grounds upon
which the appellant disagrees with the assessment.
(2) Except
as otherwise provided, the appeal shall be governed by 20.1.5 NMAC,
Adjudicatory Procedures - Environment Department. The hearing officer shall schedule the hearing
for no later than [ninety] 90 days after service of the notice of docketing.
(3) NMED
shall not seek collection of an appealed fee or take enforcement action on an [appealed]
appeal of the fee assessment until the secretary has issued a decision
on the appeal. Late charges on the
amount assessed shall continue to accrue and shall be payable if the assessment
is upheld or upheld with modification. If the assessment is modified on appeal, late
charges shall be calculated based on the assessment as modified.
(4) If
an appeal is not timely filed pursuant to this subsection, the invoice shall
constitute a final action of the secretary of environment.
[12/31/1998;
20.4.2.302 NMAC - Rn, 20 NMAC 4.2.III.302 & A, 8/18/2006; A, 3/5/2020]
20.4.2.401 LATE
CHARGES: If any fee required by this part is not paid
in full on the date due, which shall be either [sixty] 60 days after
receipt of the invoice or the end of an approved extension of the time for
payment, the person owing the fee shall pay a billing charge of $100, plus late
charges in the amount of an additional one percent [(1%)] of all fees
owed for every month or part of a month in which the fees remain unpaid beyond
the due date. Billing and late charges
shall be credited to the Hazardous Waste Fund and are independent of any
penalties assessed under the act.
[12/31/1998;
20.4.2.401 NMAC - Rn, 20 NMAC 4.2.IV.401, 8/18/2006; A, 3/5/2020]