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.
[12/31/98; 20.4.2.1 NMAC - Rn, 20 NMAC 4.2.I.101, 8/18/06]
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,
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.
[12/31/98; 20.4.2.2 NMAC - Rn, 20 NMAC 4.2.I.102, 8/18/06]
20.4.2.3 STATUTORY
AUTHORITY: Sections 74-1-8, 74-4-4, 74-4-4.2 and 74-4-4.5
NMSA 1978.
[12/31/98; 20.4.2.3 NMAC - Rn, 20 NMAC 4.2.I.103 & A, 8/18/06]
20.4.2.4 DURATION: Permanent.
[12/31/98; 20.4.2.4 NMAC - Rn, 20 NMAC 4.2.I.104, 8/18/06]
20.4.2.5 EFFECTIVE DATE: December 31, 1998,
unless a later date is cited at the end of a section.
[12/31/98; 20.4.2.5 NMAC - Rn, 20 NMAC 4.2.I.105 & A, 8/18/06]
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.
[12/31/98; 20.4.2.6 NMAC - Rn, 20 NMAC 4.2.I.106, 8/18/06]
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. "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;
B. "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;
C. "act"
means the New Mexico Hazardous Waste Act, Sections 74-4-1 through 74-4-14 NMSA
1978;
D. "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);
E. "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);
F. "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;
G. "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;
H. "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;
I. "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;
J. "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;
K. "corrective
action complete without controls" means that NMED has determined that no
additional remedial activity is required at a unit;
L. "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;
M. "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;
N. "corrective
measures implementation work plan" or "CMI work plan" means
plans and specifications to implement the approved remedy at a facility;
O. "corrective
measures implementation report" or "CMI report" means a report
signifying completion of the remedy approved by NMED for termination of
corrective action;
P. "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);
Q. "FFCO"
means federal facility compliance order;
R. "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;
S. "HWMR"
means the New Mexico Hazardous Waste Management regulations, Title 20, Chapter
4, Part 1 of the New Mexico administrative code;
T. "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;
U. "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;
V. "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;
W. "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;
X. "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;
Y. "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;
Z. "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;
AA. "NMED"
means the New Mexico environment department;
BB. "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;
CC. "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;
DD. "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;
EE. "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
FF. "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 or remedy selection;
GG. "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
or remedy selection;
HH. "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;
II. " 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 full site characterization to obtain information for use in focusing
subsequent investigations or eliminating certain units or areas from further
consideration;
JJ. "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;
KK. "remedy
completion report" means a report summarizing the results of completion of
the implementation of corrective measures;
LL. "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;
MM. "secretary"
means the secretary of the New Mexico environment department;
NN. "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;
OO. "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;
PP. "status report"
means a report summarizing the progress of implementation of corrective actions
or corrective measures;
QQ. "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;
RR. "well completion
report" means a report summarizing the activities related to the drilling
and installation of wells.
[12/31/98; 20.4.2.7 NMAC - Rn, 20 NMAC 4.2.I.107 & A, 8/18/06]
20.4.2.8 to 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.
[12/31/98; 20.4.2.108 NMAC - Rn, 20 NMAC 4.2.I.108, 8/18/06]
20.4.2.109 to 20.4.199 [RESERVED]
20.4.2.200 PERMIT APPLICATION, INTERIM STATUS, REMEDIAL ACTION
PLAN, AND CORRECTIVE ACTION FEES:
[12/31/98; 20.4.2.200 NMAC - Rn, 20 NMAC 4.2.II.200 & A, 8/18/06]
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 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 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 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 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 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.
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.
[12/31/98; 20.4.2.201 NMAC - Rn, 20 NMAC 4.2.II.201 & A,
8/18/06]
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.
[12/31/98; 20.4.2.202 NMAC - Rn, 20 NMAC 4.2.II.202 & A, 8/18/06]
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 twenty thousand dollars ($20,000) within thirty (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.
[12/31/98; 20.4.2.203 NMAC - Rn, 20 NMAC 4.2.II.201.8 & 203
& A, 8/18/06]
20.4.2.204 TABLE 1 - Annual
Fees:
|
Unit Type |
Fee |
|
Disposal |
$4,000 |
|
Treatment |
$3,000 |
|
Storage |
$2,000 |
|
Post
Closure |
$4,000 |
|
Corrective
Action Management (CAMU) |
$4,000 |
|
Temporary
(TU) |
$3,000 |
|
Remedial
Action Plan Unit |
$3,000 |
|
SWMU/AOC
per Unit: |
|
|
for the first 150 units (1 to 150) |
$750 |
|
for the second 350 units (151 to 500) |
$350 |
|
for each unit over 500 (501+) |
$200 |
|
Corrective
Action Complete with Controls per Unit |
$250 |
[12/31/98; 20.4.2.204 NMAC - Rn, 20 NMAC 4.2.II.204 & A, 8/18/06]
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 |
$90,000 |
$60,000 |
360 days |
|
Post
Closure |
$90,000 |
$60,000 |
360 days |
|
Land
Treatment |
$90,000 |
$60,000 |
360 days |
|
Surface
Impoundment |
$75,000 |
$50,000 |
360 days |
|
Incinerator |
$75,000 |
$50,000 |
360 days |
|
Boiler
or Industrial Furnace |
$75,000 |
$50,000 |
360 days |
|
Subpart
X |
$90,000 |
$60,000 |
360 days |
|
Waste
Pile |
$36,000 |
$24,000 |
360 days |
|
Treatment
in Tanks |
$36,000 |
$24,000 |
360 days |
|
Treatment
in Containers |
$36,000 |
$24,000 |
360 days |
|
Storage
in Tanks |
$36,000 |
$24,000 |
360 days |
|
Storage
in Containers |
$36,000 |
$24,000 |
360 days |
|
Research
Demonstration and Development |
$24,000 |
$16,000 |
360 days |
|
Remedial
Action Plan |
$24,000 |
$16,000 |
360 days |
|
Permit
for Corrective Action Only |
$16,000 |
$10,000 |
360 days |
|
Corrective
Action Section |
$10,000 |
$7,000 |
N/A |
|
Additional
SWMU/AOC Unit Fee |
$1,000 for each additional unit |
N/A |
N/A |
[12/31/98; 20.4.2.205 NMAC - Rn, 20 NMAC 4.2.II.205 & A,
8/18/06]
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 |
$10,000 |
$5,000 |
360 days |
|
Incinerator |
$8,000 |
$4,000 |
270 days |
|
Boiler
or Industrial Furnace |
$8,000 |
$4,000 |
270 days |
|
Subpart
X |
$10,000 |
$5,000 |
360 days |
|
Waste
Pile |
$8,000 |
$4,000 |
270 days |
|
Storage |
$6,000 |
$3,000 |
180 days |
|
Treatment |
$8,000 |
$4,000 |
270 days |
|
Closure
Report |
$6,000 |
NA |
180 days |
[12/31/98; 20.4.2.206 NMAC - Rn, 20 NMAC 4.2.II.206 & A, 8/18/06]
20.4.2.207 TABLE 4 - Permit
modification fees:
|
Modification |
Fee |
Review Time |
|
Class
1 (without prior approval) |
$500 |
N/A |
|
Class
1 (with prior approval) |
$2,500 |
120 days |
|
Class
2 |
$6,000 |
Refer to 20.4.1.900 NMAC
(incorporating 40 CFR 270.42 (b) |
|
Class
3 |
$40,000 |
360 days |
|
Class
3 - Petition for Corrective Action Complete Review/Petition for No Further
Action Review |
$7,000 plus $250 for each additional
unit |
270 days (plus 30 days for
every 10 units over 20) |
[12/31/98; 20.4.2.207 NMAC - Rn, 20 NMAC 4.2.II.207 & A, 8/18/06]
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 |
$5,000 |
$1,000 |
120 days |
|
Accelerated
Corrective Action Work Plan/Accelerated Corrective Measures Work Plan |
$5,000 |
$1,000 |
120 days |
|
Certification
of Completion per unit |
$500 |
NA |
90 days |
|
Corrective
Measures Implementation Report |
$12,000 |
$1,000 |
360 days |
|
Corrective
Measures Implementation Work Plan |
$6,500 |
$1,000 |
270 days |
|
Corrective
Measures Study Report/ Corrective Measures Evaluation |
$15,000 |
$1,000 |
480 days |
|
Corrective
Measures Study Report/ Corrective Measures Evaluation with Risk Assessment |
$20,000 |
$1,000 |
480 days |
|
Corrective
Measures Study Workplan/ Corrective Measures Evaluation Workplan |
$7,500 |
$1,000 |
360 days |
|
Interim
Measures Monitoring Report |
$500 |
$1,000 |
N/A |
|
Interim
Measures Report |
$3,500 |
$1,000 |
120 days |
|
Interim
Measures Work Plan |
$5,000 |
$1,000 |
90 days |
|
Investigation
Report (RFI Report)/Phase Report |
$7,500 |
$1,000 |
270 days |
|
Investigation
Report with Risk Assessment |
$10,000 |
$1,000 |
360 days |
|
Investigation
Work Plan (RFI Work Plan) |
$10,000 |
$1,000 |
270 days |
|
Monitoring
Plan |
$2,500 |
$1,000 |
120 days |
|
Notice
of Land Transfer |
$5,000 |
$1,000 |
120 days |
|
Operation
and Maintenance Plan |
$2,500 |
$1,000 |
150 days |
|
Periodic
Monitoring Report |
$2,000 |
$1,000 |
N/A |
|
Pilot/Aquifer
Test Report |
$1,500 |
$1,000 |
120 days |
|
Pilot/Aquifer
Test Work Plan |
$1,000 |
$1,000 |
90 days |
|
RCRA
Facility Assessment (RFA) Report |
$2,500 |
$1,000 |
180 days |
|
Release
Assessment/SWMU Assessment Report |
$3,500 |
$1,000 |
90 days |
|
Remedy
Completion Report |
$4,500 |
$1,000 |
180 days |
|
Risk
Evaluation/Risk Assessment Report |
$6,000 |
$1,000 |
180 days |
|
Status
Report |
$2,000 |
$1,000 |
N/A |
|
Well
Completion Report |
$500 |
NA |
90 days |
[20.4.2.208 NMAC - N, 8/18/06]
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 |
$20,000 |
45 days |
|
FFCO Administration |
$500 |
90 days |
[20.4.2.209 NMAC - N, 8/18/06]
20.4.2.210 TABLE 7 - Change
During Interim Status fees:
|
Submittal Type |
Fee |
Review Time |
|
Change
without prior approval |
$500 |
30 days |
|
Change with prior approval (equivalent to Class 1 permit modification) |
$2,500 |
120 days |
|
Change with prior approval (equivalent to Class 2 permit modification) |
$6,000 |
120 days |
|
Change with prior approval (equivalent to Class 3 permit modification) |
$10,000 |
360 days |
[20.4.2.210 NMAC - N, 8/18/06]
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, 8/18/06]
20.4.2.212 to 20.4.2.299 [RESERVED]
20.4.2.300 PAYMENT, DUE DATES, AND APPEALS:
[12/31/98; 20.4.2.300 NMAC - Rn, 20 NMAC 4.2.III.300 &
A, 8/18/06]
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, 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.
[12/31/98; 20.4.2.301 NMAC - Rn, 20 NMAC 4.2.III.301 &
A, 8/18/06]
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 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.
[12/31/98; 20.4.2.302 NMAC - Rn, 20 NMAC 4.2.III.302 &
A, 8/18/06]
20.4.2.303 to 20.4.2.399 [RESERVED]
20.4.2.400 LATE CHARGES AND ENFORCEMENT:
[12/31/98; 20.4.2.400 NMAC - Rn, 20 NMAC 4.2.IV.400, 8/18/06]
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.
[12/31/98; 20.4.2.401 NMAC - Rn, 20 NMAC 4.2.IV.401, 8/18/06]
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.
[12/31/98; 20.4.2.402 NMAC - Rn, 20 NMAC 4.2.IV.402 & A,
8/18/06]
20.4.2.403 to 20.4.2.499 [RESERVED]
20.4.2.500 MISCELLANEOUS
PROVISIONS:
[12/31/98; 20.4.2.500 NMAC - Rn, 20 NMAC 4.2.V.500, 8/18/06]
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.
[12/31/98; 20.4.2.501 NMAC - Rn, 20 NMAC 4.2.V.501, 8/18/06]
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.
[12/31/98; 20.4.2.502 NMAC - Rn, 20 NMAC 4.2.V.502, 8/18/06]
20.4.2.503 CONSTRUCTION: This part
shall be liberally construed to effectuate the purpose of the act.
[12/31/98; 20.4.2.503 NMAC - Rn, 20 NMAC 4.2.V.503, 8/18/06]
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.
[12/31/98; 20.4.2.504 NMAC - Rn, 20 NMAC 4.2.V.504, 8/18/06]
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 01/19/1994) 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 08/18/2006.