TITLE 20 ENVIRONMENTAL PROTECTION
CHAPTER 4 HAZARDOUS WASTE
PART 2 HAZARDOUS WASTE PERMIT AND
CORRECTIVE ACTION FEES
20.4.2.1 ISSUING
AGENCY: Environmental Improvement Board.
[12/31/1998;
20.4.2.1 NMAC - Rn, 20 NMAC 4.2.I.101, 8/18/2006]
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]
20.4.2.3 STATUTORY
AUTHORITY: Sections 74-1-8, 74-4-4, 74-4-4.2 and
74-4-4.5 NMSA 1978.
[12/31/1998; 20.4.2.3
NMAC - Rn, 20 NMAC 4.2.I.103 & A, 8/18/2006]
20.4.2.4 DURATION:
Permanent.
[12/31/1998;
20.4.2.4 NMAC - Rn, 20 NMAC 4.2.I.104, 8/18/2006]
20.4.2.5 EFFECTIVE
DATE: December 31, 1998, unless a later date is
cited at the end of a section.
[12/31/1998;
20.4.2.5 NMAC - Rn, 20 NMAC 4.2.I.105 & A, 8/18/2006]
20.4.2.6 OBJECTIVE: The
objective of this part is to provide a schedule of fees for facilities seeking
permits, currently permitted, or undergoing corrective action for past or
present hazardous waste management activities.
Fees paid are for deposit in the hazardous waste fund to meet necessary
expenses in the administration and operation of the state hazardous waste
program.
[12/31/1998;
20.4.2.6 NMAC - Rn, 20 NMAC 4.2.I.106, 8/18/2006]
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
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”:
(1) "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;
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 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
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
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]
20.4.2.8 - 20.4.2.107 [RESERVED]
20.4.2.108 GENERAL
PROVISIONS: Saving clause: Repeal and replacement of
hazardous waste fees, New Mexico environmental improvement board, 20.4.2 NMAC,
shall not affect any administrative or judicial enforcement action pending on
the effective date of this part.
[12/31/1998;
20.4.2.108 NMAC - Rn, 20 NMAC 4.2.I.108, 8/18/2006]
20.4.2.109 - 20.4.199 [RESERVED]
20.4.2.200 PERMIT
APPLICATION, INTERIM STATUS, REMEDIAL ACTION PLAN, AND CORRECTIVE ACTION FEES:
[12/31/1998;
20.4.2.200 NMAC - Rn, 20 NMAC 4.2.II.200 & A, 8/18/2006]
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 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 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 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 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]
20.4.2.202 ANNUAL FEE REPORT: On or
before September 30 of every year, NMED shall review the amount of fees
collected and the amount of money expended administering the hazardous waste
management program for the prior state fiscal year and submit a report on its
review to the board. The report shall
include for each facility the amount of fees collected, the number and types of
permitting actions taken, submittals reviewed, a summary of the time required
to conduct each review or permitting action, and an analysis of the cost of
regulatory oversight. The report shall
include a summary of funds received and expenses required to administer the
state hazardous waste program.
[12/31/1998; 20.4.2.202
NMAC - Rn, 20 NMAC 4.2.II.202 & A, 8/18/2006]
20.4.2.203 HEARING
FEES:
A. 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.
(1) Hearing
fee: The applicant shall be invoiced
a hearing fee of $25,000 within 30 days of notification by the secretary that a
hearing will be scheduled.
(2) 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.
(3) 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.
(4) 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.
(5) 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.
(6) 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 |
$5,500 |
|
Treatment |
$4,000 |
|
Storage |
$3,000 |
|
Post Closure |
$5,500 |
|
Corrective Action
Management (CAMU) |
$5,500 |
|
Temporary (TU) |
$4,000 |
|
Remedial Action Plan Unit |
$4,000 |
|
Corrective Action Only |
|
|
SWMU/AOC per Unit: |
$1000 |
|
Corrective Action
Complete with Controls per Unit |
$350 |
[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 |
$270,000 |
$180,000 |
360 days |
|
Post Closure |
$120,000 |
$80,000 |
360 days |
|
Land Treatment |
$120,000 |
$80,000 |
360 days |
|
Surface Impoundment |
$100,000 |
$65,000 |
360 days |
|
Incinerator |
$100,000 |
$65,000 |
360 days |
|
Boiler or Industrial
Furnace |
$100,000 |
$65,000 |
360 days |
|
Subpart X |
$120,000 |
$80,000 |
360 days |
|
Waste Pile |
$144,000 |
$96,000 |
360 days |
|
Treatment in Tanks |
$144,000 |
$96,000 |
360 days |
|
Treatment in Containers |
$144,000 |
$96,000 |
360 days |
|
Storage in Tanks |
$144,000 |
$96,000 |
360 days |
|
Storage in Containers |
$144,000 |
$96,000 |
360 days |
|
Research Demonstration
and Development |
$32,000 |
$21,500 |
360 days |
|
Remedial Action Plan |
$32,000 |
$21,500 |
360 days |
|
Permit for Corrective
Action Only |
$80,000 |
$65,000 |
360 days |
|
Corrective Action Section |
$10,000 |
$7,000 |
N/A |
|
Additional SWMU/AOC Unit
Fee |
$1,300 for each additional unit |
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 |
360 days |
|
Surface Impoundment |
$25,000 |
$10,000 |
360 days |
|
Incinerator |
$8,000 |
$4,000 |
270 days |
|
Boiler or Industrial
Furnace |
$8,000 |
$4,000 |
270 days |
|
Subpart X |
$30,000 |
$15,000 |
360 days |
|
Waste Pile |
$8,000 |
$4,000 |
270 days |
|
Storage |
$12,000 |
$6,000 |
180 days |
|
Treatment |
$10,000 |
$5,000 |
270 days |
|
Closure Report |
$13,000 |
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) |
$1,800 |
N/A |
|
Class 1 (with prior
approval) |
$6,500 |
120 days |
|
Class 2 |
$30,000 |
Refer to 20.4.1.900 NMAC (incorporating 40 CFR 270.42 (b)) |
|
Class 3 |
$100,000 |
360 days |
|
Class 3 - Petition for
Corrective Action Complete Review/Petition for No Further Action Review |
$30,000 plus $500 for each additional
unit up to 20 units and plus $750 for every unit over 20 units |
270 days (plus 30 days for every 10 units over 20) |
[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 |
$11,000 |
$1,000 |
120 days |
|
Accelerated Corrective
Action Work Plan/Accelerated Corrective Measures Work Plan |
$9,000 |
$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 |
$3,000 |
NA |
90 days |
|
Corrective Measures
Implementation Report |
$10,000 |
$1,000 |
360 days |
|
Corrective Measures
Implementation Work Plan |
$18,000 |
$1,000 |
270 days |
|
Corrective Measures Study
Report/ Corrective Measures Evaluation |
$30,000 |
$1,000 |
480 days |
|
Corrective Measures Study
Report/ Corrective Measures Evaluation with Risk Assessment |
$35,000 |
$1,000 |
480 days |
|
Corrective Measures Study
Workplan/ Corrective Measures Evaluation Workplan |
$8,500 |
$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 |
$10,000 |
$1,000 |
120 days |
|
Interim Measures Work
Plan |
$17,000 |
$1,000 |
90 days |
|
Investigation Report (RFI
Report)/Phase Report |
$18,000 |
$1,000 |
270 days |
|
Investigation Report with
Risk Assessment |
$20,000 |
$1,000 |
360 days |
|
Investigation Work Plan
(RFI Work Plan) |
$15,000 |
$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 |
$10,000 |
$1,000 |
120 days |
|
Notice of Land Transfer |
$2,000 |
$1,000 |
120 days |
|
Operation and Maintenance
Plan |
$9,000 |
$1,000 |
150 days |
|
Periodic Monitoring
Report |
$5,000 |
$1,000 |
N/A |
|
Pilot/Aquifer Test Report |
$10,000 |
$1,000 |
120 days |
|
Pilot/Aquifer Test Work
Plan |
$7,000 |
$1,000 |
90 days |
|
RCRA Facility Assessment
(RFA) Report |
$14,500 |
$1,000 |
180 days |
|
Release Assessment/SWMU
Assessment Report |
$8,500 |
$1,000 |
90 days |
|
Remedy Completion Report |
$8,500 |
$1,000 |
180 days |
|
Third Revision/Third
Document Revision |
50% of corresponding Review Fee |
N/A |
N/A |
|
Risk Evaluation/Risk
Assessment Report |
$14,000 |
$1,000 |
180 days |
|
Status Report |
$8,000 |
$1,000 |
N/A |
|
Well Completion Report
per well |
$3,000 |
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 |
$30,000 |
45 days |
|
FFCO Administration |
$2,000 |
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 |
$1,800 |
30 days |
|
Change with prior
approval (equivalent to Class 1 permit modification) |
$6,500 |
120 days |
|
Change with prior
approval (equivalent to Class 2 permit modification) |
$30,000 |
120 days |
|
Change with prior
approval (equivalent to Class 3 permit modification) |
$100,000 |
360 days |
[20.4.2.210 NMAC -
N, 8/18/2006; A, 3/5/2020]
20.4.2.211 FEE
CALCULATION:
A. The annual fee
shall be assessed for each unit identified in the facility permit, Part A
application, and enforceable document on January 1 of the assessed year. The annual fee shall be waived for hazardous
waste management units for which the owner or operator provides documentation
to NMED that hazardous waste management activities did not occur at the unit
during the previous calendar year. To be
considered for the waiver the owner or operator shall submit the documentation
to NMED on or before July 1 of each year.
B. The owner or
operator of the facility is liable for payment of the undisputed part of the
assessed fee on the date the annual fee is due.
Payments will not be refunded because of a transfer of ownership or
operations to a new owner or operator.
[20.4.2.211 NMAC -
Rn, 20 NMAC 4.2.II.208 & A, 8/18/2006]
20.4.2.212 - 20.4.2.299 [RESERVED]
20.4.2.300 PAYMENT,
DUE DATES, AND APPEALS:
[12/31/1998;
20.4.2.300 NMAC - Rn, 20 NMAC 4.2.III.300 & A, 8/18/2006]
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 60
days of receipt of the invoice unless the owner or operator submits to NMED a
written request seven days prior to the end of the 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 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 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 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 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 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 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
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]
20.4.2.303 - 20.4.2.399 [RESERVED]
20.4.2.400 LATE
CHARGES AND ENFORCEMENT:
[12/31/1998;
20.4.2.400 NMAC - Rn, 20 NMAC 4.2.IV.400, 8/18/2006]
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 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 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]
20.4.2.402 Failure to pay fees:
A. Failure to pay
any fee required by this part may result in enforcement proceedings under the
act including but not limited to the revocation or suspension of any permit
issued by NMED pursuant to the act to the person failing to pay the fees as
required.
B. Fees are not
refundable and do not guarantee that a permit will be issued or a submittal or
action will be approved by the NMED.
[12/31/1998;
20.4.2.402 NMAC - Rn, 20 NMAC 4.2.IV.402 & A, 8/18/2006]
20.4.2.403 - 20.4.2.499 [RESERVED]
20.4.2.500 MISCELLANEOUS
PROVISIONS:
[12/31/1998;
20.4.2.500 NMAC - Rn, 20 NMAC 4.2.V.500, 8/18/2006]
20.4.2.501 DEPOSIT
IN THE HAZARDOUS WASTE FUND: All fees collected pursuant to this part
shall be transmitted to the state treasurer for credit to the hazardous waste
fund and used for the sole purpose of meeting necessary expenses in the
administration and operation of the hazardous waste program.
[12/31/1998;
20.4.2.501 NMAC - Rn, 20 NMAC 4.2.V.501, 8/18/2006]
20.4.2.502 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 regulations.
[12/31/1998;
20.4.2.502 NMAC - Rn, 20 NMAC 4.2.V.502, 8/18/2006]
20.4.2.503 CONSTRUCTION: This
part shall be liberally construed to effectuate the purpose of the act.
[12/31/1998;
20.4.2.503 NMAC - Rn, 20 NMAC 4.2.V.503, 8/18/2006]
20.4.2.504 SEVERABILITY: If
any provision or application of this part is held invalid, the remainder, or
its application to other situations or persons, shall not be affected.
[12/31/1998;
20.4.2.504 NMAC - Rn, 20 NMAC 4.2.V.504, 8/18/2006]
20.4.2.505 -
20.4.2.599 [RESERVED]
HISTORY OF 20.4.2
NMAC:
Pre-NMAC History: The provisions
of this part were derived in part from material previously filed with the
commission of public records, state records center and archives under:
EIB/HWFR-1,
Hazardous Waste Fee Regulations, filed October 28, 1988; and
EIB/HWFR-1, Annual
Hazardous Waste Fee Regulations, filed January 19, 1994.
History of Repealed Material:
20 NMAC 4.2,
Hazardous Waste Fees (filed 10/27/1995), repealed 12/31/1998.
Other History:
EIB/HWFR-1, Annual
Hazardous Waste Fee Regulations (filed 1/19/1994) was renumbered, reformatted,
amended, and replaced by 20 NMAC 4.2, Hazardous Waste Fees, effective
11/30/1995.
20 NMAC 4.2,
Hazardous Waste Fees (filed 10/27/1995) was replaced by 20 NMAC 4.2, Hazardous
Waste Fees, effective 12/31/1998.
20 NMAC 4.2,
Hazardous Waste Fees (filed 11/30/1998) was renumbered, reformatted, amended,
and replaced by 20.4.2 NMAC, Hazardous Waste Permit and Corrective Action Fees,
effective 8/18/2006.