Solid Waste Management -- 20NMAC9.1

[SEPARATOR]

STATUTORY AUTHORITY. NMSA 1978, 74-1-8(A)(14) and the Solid Waste Act, NMSA 1978, 74-9-1 to 74-9-42. [11-30-95]

Regulation Effective as of: 11/30/95

[SEPARATOR]

	ENVIRONMENTAL IMPROVEMENT BOARD
	P.O. BOX 26110/1190 ST. FRANCIS DRIVE
	SANTA FE, NEW MEXICO  87502
	(505) 827-2842


TITLE 20		ENVIRONMENTAL PROTECTION
CHAPTER 9		SOLID WASTE
PART 1		SOLID WASTE MANAGEMENT


	SUBPART I
	GENERAL PROVISIONS

001.	ISSUING AGENCY.  Environmental Improvement Board.  
[11-30-95]

002.	SCOPE.  This Part applies to transportation, storage, 
transfer, processing, transformation, recycling, or disposal of 
solid waste.  [11-30-95]

003.	STATUTORY AUTHORITY.  NMSA 1978,  74-1-8(A)(14) and the 
Solid Waste Act, NMSA 1978,  74-9-1 to 74-9-42.  [11-30-95]

004.	DURATION.  Permanent.  [11-30-95]

005.	EFFECTIVE DATE.  November 30, 1995.  [11-30-95]

006.	OBJECTIVE.  The objective of Part 1 of Chapter 9 is to 
establish standards in the following areas of solid waste 
management:  [11-30-95]

A.	facility permits;  [11-30-95]

B.	facility size, siting criteria, design criteria, and 
operations;  [11-30-95]

C.	closure and post-closure;  [11-30-95]

D.	operator certification;  [11-30-95]

E.	special waste;  [11-30-95]

F.	facility ground water monitoring, corrective action, 
and contingency plans; and  [11-30-95]

G.	financial assurance.  [11-30-95]

007. - 104.  [RESERVED.]

105.	DEFINITIONS.  As used in this Part:  [6-2-74; 1-30-92; 
11-30-95]

A.	"Act" means the Solid Waste Act, NMSA 1978, Sections 
74-9-1 through 74-9-42;  [1-30-92; 8-17-94; 11-30-95]

B.	"active life" means the period of operation beginning 
with the initial receipt of solid waste and ending at completion 
of closure activities in accordance with Subpart V;  [1-30-92; 
8-17-94]

C.	"active portion" means that part of a facility that has 
received or is receiving wastes and that has not been closed in 
accordance with Subpart V;  [1-30-92; 8-17-94]

D.	"agricultural" means all methods of production and 
management of livestock, crops, vegetation and soil including 
raising, harvesting and marketing; and the activities of feeding, 
housing and maintaining animals such as cattle, dairy cows, 
sheep, goats, hogs, horses and poultry;  [1-30-92]

E.	"alluvial fan" means a low, outspread, relatively flat 
to gentle sloping mass of loose rock material, shaped like an 
open fan or a segment of a cone, deposited by a stream at a place 
where it issues from a narrow mountain valley upon a plain or 
broad valley;  [1-30-92]

F.	"aquifer" means a geologic formation, group of 
formations, or portions of a formation capable of yielding ground 
water to wells or springs. The uppermost aquifer is the  aquifer 
within the facility's property boundary nearest the natural 
ground surface including lower aquifers that are hydraulically 
interconnected with this aquifer;  [5-14-89; 8-17-94]

G.	"areas susceptible to mass movement" means those areas 
of influence (i.e., areas characterized as having an active or 
substantial possibility of mass movement) where the movement of 
earth material at, beneath, or adjacent to the landfill unit, 
because of natural or man-induced events, results in the 
downslope transport of soil and rock material by means of 
gravitational influence.  Areas of mass movement include, but are 
not limited to, landslides, avalanches, debris slides and flows, 
solifluction, block sliding, and rock fall;  [8-17-94]

H.	"asbestos waste":

1.	means regulated asbestos containing material (RACM) 
which contains more than 1 percent asbestos as determined using 
the method specified in Appendix A, Subpart F, 40 CFR part 763 
Section  1, Polarized Light Microscopy (PLM) and includes:
a.	friable asbestos material, that, when dry, can 
be crumbled, pulverized, or reduced to powder by hand pressure;

b.	Category I nonfriable asbestos containing 
material (ACM) that has become friable including asbestos 
containing packings, gaskets, resilient floor covering, and 
asphalt roofing products containing more than 1 percent asbestos;

c.	Category I nonfriable ACM that will be or has 
been subjected to sanding, grinding, cutting, or abrading; or

d.	Category II nonfriable ACM that has a high 
probability of becoming or has become crumbled, pulverized, or 
reduced to powder by the forces expected to act on the material 
in the course of demolition or renovation operations, which 
excludes Category I nonfriable ACM; but

2.	does not include nonfriable asbestos containing 
materials that, when dry, cannot be crumbled, pulverized, or 
reduced to a powder by hand pressure;

[5-14-89; 1-30-92; 8-17-94; 11-30-95]

I.	"ash" means the ash that results from the incineration 
or transformation of solid waste and includes both fly ash and 
bottom ash, and ash from the incineration of densified-refuse-
derived fuel and refuse-derived fuel, but does not include fly 
ash waste, bottom ash waste, slag waste and flue gas emission 
control waste generated primarily from the combustion of coal or 
other fossil fuels and wastes produced in conjunction with the 
combustion of fossil fuels that are necessarily associated with 
the production of energy and that traditionally have been and 
actually are mixed with and are disposed of or treated at the 
same time with fly ash, bottom ash, boiler slag or flue gas 
emission control wastes from coal combustion;  [1-30-92; 8-17-94]

J.	"Board" means the Environmental Improvement Board;  
[5-14-89]

K.	"cell" means a confined area engineered for the 
disposal of solid waste;  [1-30-92; 8-17-94]

L.	"clean fill" means broken concrete, brick, rock, stone, 
glass, reclaimed asphalt pavement, or uncontaminated soil 
generated from construction and demolition activities. 
Reinforcement materials which are an integral part, such as 
rebar, are included. Clean fill must be free of other solid waste 
or hazardous waste;  [8-17-94]

M.	"closed facility" means any solid waste facility that 
no longer receives solid waste; and for landfills, those closed 
in accordance with the regulations in effect at the time of 
closure;  [5-14-89; 1-30-92]

N.	"commercial hauler" means any person transporting solid 
waste for hire by whatever means for the purpose of transfer, 
processing, storing or disposing of the solid waste in a solid 
waste facility, except that the term does not include an 
individual transporting solid waste generated on or from his 
residential premises for the purpose of disposing of it in a 
solid waste facility;  [1-30-92]

O.	"commercial solid waste" means all types of solid waste 
generated by stores, offices, restaurants, warehouses, and other 
non-manufacturing activities, excluding residential, household 
and industrial wastes;  [6-2-74;  [6-2-74; 8-17-94]

P.	"Commission" means the New Mexico Water Quality Control 
Commission;  [1-30-92]

Q.	"Commission Regulations" means the current regulations 
of the New Mexico Water Quality Control Commission, includind 
20 NMAC 6.1 and 6.2;  [5-14-89; 1-30-92]

R.	"compost" means organic matter produced from solid 
waste which has undergone a controlled process of decomposition 
and pathogen reduction, and has been stabilized to a degree which 
is potentially beneficial to plant growth and which is used as a 
soil amendment, growing medium amendment or other similar uses;  
[1-30-92; 8-17-94]

S.	"composting" means the process by which biological 
decomposition of organic solid waste is carried out under 
controlled conditions.  The process stabilizes the organic 
fraction into a material which can be easily and safely stored, 
handled and used in an environmentally acceptable manner;  
[1-30-92; 8-17-94]

T.	"construction and demolition debris" means materials 
generally considered to be not water soluble and nonhazardous in 
nature, including, but not limited to, steel, glass, brick, 
concrete, asphalt roofing materials, pipe, gypsum wallboard and 
lumber from the construction or destruction of a structure 
project, and includes rocks, soil, tree remains, trees and other 
vegetative matter that normally results from land clearing.  If 
construction and demolition debris is mixed with any other types 
of solid waste, it loses its classification as construction and 
demolition debris. Construction and demolition debris does not 
include asbestos or liquids including but not limited to waste 
paints, solvents, sealers, adhesives or potentially hazardous 
materials;  [5-14-89; 1-30-92; 8-17-94]

U.	"cooperative association" means a refuse disposal 
district  created pursuant to the Refuse Disposal Act, NMSA 1978, 
Sections 4-52-1 through 4-52-15, or a sanitation district created 
pursuant to the Water and Sanitation District Act, NMSA 1978, 
Sections 73-21-1 through 73-21-54, a special district created 
pursuant to the Special District Procedures Act, NMSA 1978, 
Sections 4-53-1 through 4-53-11, a Solid Waste Authority created 
pursuant to the Solid Waste Authority Act, NMSA 1978 Sections 74-
10-1 through 74-10-100, or other such association created 
pursuant to the Joint Powers Act, NMSA 1978 Sections 11-1-1 
through 11-1-7;  [6-2-74; 5-14-89; 1-30-92; 8-17-94]

V.	"densified-refuse-derived fuel" means a product 
resulting from the processing of mixed municipal solid waste in a 
manner that produces a fuel suitable for combustion in existing 
or new solid-fuel-fired boilers;  [1-30-92]

W. "Department" means the New Mexico Environment 
Department;  [6-2-74; 5-14-89; 1-30-92]

X.	"discharge" means disposal, spilling, leaking, pumping, 
pouring, emitting, emptying, or dumping into water or in a 
location and manner where there is a reasonable probability that 
the discharged substance will reach surface or subsurface water; 
 8-17-94]

Y.	"disease vectors" means any rodents, flies, mosquitos, 
or other animals and insects, capable of transmitting disease to 
humans;  [8-17-94]

Z.	"dispose or disposal" means causing, allowing, or 
maintaining the abandonment, discharge, deposit, placement, 
injection, dumping, spilling, or leaking of any solid waste into 
or on any land or water;  [5-14-89; 1-30-92; 8-17-94]

AA.	"drinking  water intake" means any intake to a drinking 
water system whether from a ground water well or surface water 
impoundment or stream;  [8-17-94]

AB.	"fault" means a fracture or a zone of fractures in any 
material along which strata on one side have been displaced with 
respect to that on the other side;

1.	"displacement of a fault" means the relative 
movement of any two sides measured in any direction;

[8-17-94]
  
AC.	"floodplain" means the lowland and relatively flat 
areas adjoining inland and coastal waters that are inundated by 
the 100 year flood. The 100 year flood has a one percent chance 
of recurring in any given year or a flood of magnitude equalled 
or exceeded once in 100 years on the average over a significantly 
long period;  [5-14-89; 1-30-92; 8-17-94]

DD.	"gasification" means a thermal process for the 
generation of low BTU gas from a solid waste material;  [1-30-92; 
8-17-94]

EE.	"geosynthetic" means the generic classification of all 
synthetic materials used in geotechnical applications, including 
 the following classifications;

1.	"geocomposite" means a manufactured material using 
geotextiles, geogrids, geomembranes, or combinations thereof, in 
a laminated or composite form;

2.	"geogrid" means a deformed or non-deformed netlike 
polymeric material used to provide reinforcement to soil slopes;

3.	"geomembrane" means an essentially impermeable 
membrane used as an integral part of an engineered structure or 
system designed to limit the movement of liquid or gas in the 
system;

4.	"geonet" means a type of a geogrid that allows 
planar flow of liquids and serves as a drainage system;

5.	"geotextile" means any permeable textile used as an 
integral part of an engineered structure or system to serve as a 
filter to prevent the movement of soil fines into drainage 
systems, to provide planar flow for drainage, or to serve as a 
cushion to protect geomembranes, or to provide structural 
support;

[8-17-94]

AF.	"ground water" means interstitial water which occurs in 
the earth's saturated zone and which is capable of entering a 
well in sufficient amounts to be utilized as a water supply.  
Saturated zone is that part of the earth's crust in which all 
voids are filled with water;  [5-14-89; 8-17-94]

AG.	"ground water scientist" means a scientist or engineer 
who has received a baccalaureate or post graduate degree in the 
natural sciences or engineering and has sufficient training and 
experience in ground water hydrology and related fields as may be 
demonstrated by state registration, professional certifications 
or completion of accredited university programs that enable that 
individual to make sound professional judgements regarding ground 
water monitoring, contaminant fate and transport, and corrective 
action;  [8-17-94]

AH.	"hot waste" means any waste which is on fire or 
smoldering when delivered to the solid waste facility;  [5-14-89; 
1-30-92]

AI.		"household waste" means any solid waste including 
garbage and trash, derived from households including single and 
multiple residences, hotels and motels, bunkhouses, ranger 
stations, crew quarters, campgrounds, picnic grounds and day use 
recreation areas;  [8-17-94]

AJ.		"incinerator" means an enclosed device using 
controlled flame combustion, the primary purpose of which is to 
thermally break down solid waste, including, but not limited to, 
rotary kiln, fluidized bed, and liquid injection incinerators;  
5-14-89; 1-30-92]

AK.	"industrial solid waste" means solid waste generated by 
manufacturing or industrial processes that is not hazardous waste 
regulated under Subtitle C of RCRA. Such waste may include, but 
is not limited to, waste resulting from the following processes: 
Electric power generation; fertilizer/agricultural chemicals; 
food and related products/by-products; inorganic chemicals; iron 
and steel manufacturing; leather and leather products; nonferrous 
metals manufacturing/foundries; organic chemicals, plastics and 
resins manufacturing; pulp and paper industry; rubber and 
miscellaneous plastic products; stone, glass, clay, and concrete 
products; textile manufacturing; transportation equipment, and 
water treatment. This term does not include mining waste or oil 
and gas waste;  [6-2-74; 5-14-89; 1-30-92; 8-17-94]

AL.	"infectious waste" means a limited class of substances 
that carry a probable risk of transmitting disease to humans, 
including but not limited to:

1.	microbiological laboratory wastes, including 
cultures and stocks of infectious agents from clinical research 
and industrial laboratories, and disposable culture dishes and 
devices used to transfer, inoculate and mix cultures;

2.	pathological wastes, including human or animal 
tissues, organs and body parts, removed during surgery, autopsy 
or biopsy;

3.	disposable equipment, instruments, utensils, and 
other disposable materials which require special precautions 
because of contamination by highly contagious diseases;
4.	human blood and blood products, including waste 
blood, blood serum, and plasma;

5.	used sharps, including used hypodermic needles, 
syringes, scalpel blades, Pasteur pipettes and broken glass; and

6.	contaminated animal carcasses, body parts and 
bedding, especially those intentionally exposed to pathogens in 
research, in the production of biologicals or the "in vivo" 
testing of pharmaceuticals;

[5-14-89; 1-30-92]

AM.	"landfill" means a solid waste facility that receives 
solid waste for disposal and includes the following 
classifications:

1.	"municipal landfill" means a discrete area of land 
or an excavation that receives household waste and that is not a 
land application unit, surface impoundment, injection well or 
waste pile as these terms are defined under 40 CFR 257.2.  A 
municipal landfill may also receive other types of RCRA Subtitle 
D waste such as commercial solid waste, nonhazardous sludge, 
small quantity generator waste, industrial solid waste, 
construction and demolition debris and other special wastes as 
defined in Section 105.BZ.  A municipal landfill may be publicly 
or privately owned and may be existing, new or a lateral 
expansion;

a.	"existing municipal landfill" means one 
receiving waste after May 14, 1989, or receiving waste as of 
October 9, 1993.  Waste placement in existing municipal landfills 
must be consistent with past operating practices or modified 
practices to ensure good management;

b.	"new municipal landfill" means one not 
receiving waste prior to October 9, 1993;

2.	"construction and demolition landfill" means a 
landfill that receives only construction and demolition debris in 
quantities equal to or less than 25 tons per day, which is 
determined by dividing the amount of waste received at the 
facility for one year by a total operation of 260 days, and 
landfills that receive more than 25 tpd of construction and 
demolition debris waste are defined as municipal landfills; and 

3.	"special waste landfill" means a landfill which 
receives solid waste other than household waste. This includes, 
but is not limited to, commercial wastes or special wastes as 
defined in Section 105.BZ.  A construction and demolition 
landfill is not a special waste landfill;

[5-14-89; 1-30-92; 8-17-94]

AN.	"lateral expansion" means a horizontal expansion of the 
waste boundaries of an existing landfill;  [8-17-94]

AO.	"leachate" means the liquid that has passed through or 
emerged from solid waste and contains soluble, suspended, or 
miscible materials removed from that solid waste;  [5-14-89; 
1-30-92; 8-17-94]

AP.	"lift" means an accumulation of solid waste which is 
compacted into a cell and over which compacted cover is placed;  
[5-14-89]

AQ.	"liner" means a continuous layer constructed of natural 
or man-made materials beneath and on the sides of a surface 
impoundment, landfill, or landfill cell, that restricts the 
downward and lateral movement of solid waste, gases or leachate; 
 [5-14-89; 1-30-92]

AR.	"liquid waste" means any waste material that is 
determined to contain free liquids, defined by the Paint Filter 
Test, described in "Test Methods for Evaluating Solid Waste" 
contained in Section 1101.  [8-17-94]

AS.	"lithified earth material" means all rock, including 
all naturally occurring and naturally formed aggregates or masses 
of minerals or small particles of older rock that formed by 
crystallization of magma or by induration of loose sediments.  
This does not include man-made materials such as fill, concrete, 
and asphalt;  [8-17-94]

AT.	"low level radioactive waste" means radioactive waste 
other than:

1.	high level waste such as irradiated reactor fuel, 
liquid waste from reprocessing irradiated reactor fuel, or solids 
into which any such liquid waste has been converted;

2.	waste material containing transuranic elements with 
contamination levels greater than ten (10) nanocuries per gram of 
waste material;

3.	by-product material as defined in Section 11e.(2) 
of the "Atomic Energy Act of 1954" as amended November 8, 1978; 
or

4.	wastes from mining, milling, smelting or similar 
processing of ores and mineral-bearing material primarily from 
minerals other than radium;

[8-17-94]

AU.	"lower explosive limit" means the lowest percent by 
volume of a mixture of explosive gases in air that will propagate 
a flame at 25oC and atmospheric pressure;  [8-17-94]

AV.	"manure" means a solid waste composed of excreta of 
animals, residual bedding materials, or other materials that have 
been used for sanitary or feeding purposes for such animals;  
[1-30-92]

AW.	"maximum contaminant level" (MCL) means, the level 
which has been promulgated under section 1412 of the Safe 
Drinking Water Act (40 U.S.C. Section 300f et seq.) under 40 CFR 
part 141;  [8-17-94]

AX.	"maximum horizontal acceleration in lithified earth 
material" means the maximum expected horizontal acceleration as 
depicted on a seismic hazard map, with a 90% or greater 
probability that the acceleration will not be exceeded in 250 
years, or the maximum expected horizontal acceleration based on a 
site-specific seismic risk assessment;  [8-17-94]

AY.	"modify" means:

1.	with regard to permit conditions, to change terms 
or conditions, of a permit, registration, or other approval 
including accepting types of solid waste which were not permitted 
or registered (types are residential, commercial, special waste, 
construction and demolition debris, and industrial process 
wastes);

2.	with regard to the facility, to change pollution 
control systems or water or soil or gas monitoring programs from 
those permitted, registered, or otherwise required; to change the 
fundamental method of operation from that permitted or 
registered; or any lateral or vertical expansion beyond original 
boundaries listed in the original permit application or 
registration; and 

3.	"modify"  does not include the following:

a.	routine maintenance, repair or replacement;

b.	an increase in the disposal rate or process 
rate, if such increase does not exceed the design capacity of the 
solid waste facility;  or

c.	an increase or decrease in the hours of 
operation;

[1-30-92; 8-17-94]

AZ.	"mulch" means a protective covering spread and left 
upon the ground to reduce evaporation, maintain even soil 
temperature, prevent erosion, or control weeds;  [1-30-92]

BA.	"municipality" means any incorporated city, town or 
village, whether incorporated under general act, special act or 
special charter, incorporated counties and class H counties;  
[1-30-92]

BB.	"open burning" means the combustion of solid waste 
without:

1.	control of combustion air to maintain adequate 
temperature for efficient combustion;

2.	containment of the combustion reaction in an 
enclosed device to provide sufficient residence time and mixing 
for complete combustion; and

3.	control of the emission of the combustion products;

[1-30-92]

BC.	"operator" means the person(s) responsible for the 
overall operation of all or any portion of a solid waste 
facility;  [5-14-89; 1-30-92; 8-17-94]

BD.	"owner" means the person(s) who owns the facility or 
part of a solid waste facility;  [8-17-94]

BE.	"person" means any individual, partnership, company, 
corporation, firm, association, trust, estate, state or federal 
agency, government instrumentality or agency, institution, 
county, city, town, village, or municipal authority, or other 
legal entity however organized;  [6-2-74; 5-14-89; 1-30-92]

BF.	"petroleum waste" means those liquids and sludges which 
are accumulated as a result of exploration or production 
activities regulated under the New Mexico Oil and Gas Act;  
[5-14-89; 8-17-94]

BG.	"poor foundation conditions" means those areas where 
features exist which indicate that a natural or man-induced event 
may result in inadequate foundation support for the structural 
components of a landfill;  [8-17-94]

BH.	"processing" means techniques to change the physical, 
chemical, or biological character or component of solid waste, 
but does not include composting or transformation;  [5-14-89; 
1-30-92; 8-17-94]

BI.	"putrescible" means organic material subject to 
decomposition by microorganisms;  [1-30-92]

BJ.	"pyrolysis" means the process whereby solid waste is 
thermally decomposed in an oxygen-deficient atmosphere;  
[1-30-92; 8-17-94]

BK.	"recyclable materials" means materials that would 
otherwise become solid waste if not recycled and that can be 
collected, separated or processed and placed in use in the form 
of raw materials, products or densified-refuse-derived fuels;  
[1-30-92]

BL.	"recycling" means any process by which recyclable 
materials are collected, separated or processed and reused or 
returned to use in the form of raw materials or products;  
[6-2-74; 5-14-89; 1-30-92]

BM.	"reuse" means the return of a commodity into the 
economic stream for use in the same kind of application as before 
without change in its identity;  [1-30-92]

BN.	"run-off" means any rainwater, leachate, or other 
liquid that drains over land from any part of a solid waste 
facility;  [1-30-92; 8-17-94]

BO.	"run-on" means any rainwater, leachate, or other liquid 
that drains over land onto any part of a solid waste facility;  
[1-30-92; 8-17-94]

BP.	"scavenging" means the uncontrolled removal of solid 
waste from a solid waste facility;  [6-2-74; 5-14-89; 1-30-92]

BQ.	"Secretary" means the Secretary of the Department of 
Environment or her or his designee;  [6-2-74; 5-14-89; 1-30-92; 
8-17-94]

BR.	"seismic impact zone" means an area with a ten percent 
or greater probability that the maximum horizontal acceleration 
in lithified earth material, expressed as a percentage of the 
earth's gravitational pull, will exceed 0.10g in 250 years;  
[8-17-94]

BS.	"septage" means the residual wastes and water 
periodically pumped from  liquid waste treatment unit or from a 
holding tank for maintenance purposes;  [5-14-89; 1-30-92]
BT.	"sludge" means any solid, semi-solid, or liquid waste 
excluding treated effluent generated from a municipal, 
commercial, or industrial waste water treatment plant, water 
supply treatment plant, or air pollution control device;  
[5-14-89; 1-30-92; 8-17-94]

BU.	"small transfer station" means a transfer station with 
a total operational rate of 120 cubic yards or less per day of 
solid waste which does not include separated recyclable material; 
 [8-17-94]

BV.	"solid waste" means any garbage, refuse, sludge from a 
waste treatment plant, water supply treatment plant, or air 
pollution control facility and other discarded material including 
solid, liquid, semisolid, or contained gaseous material resulting 
from industrial, commercial, mining, and agricultural operations 
and from community activities, but does not include:

1.	drilling fluids, produced waters and other non-
domestic wastes associated with the exploration, development or 
production, transportation, storage, treatment or refinement of 
crude oil, natural gas, carbon dioxide gas or geothermal energy;

2.	fly ash waste, bottom ash waste, slag waste and 
flue gas emission control waste generated primarily from the 
combustion of coal or other fossil fuels and wastes produced in 
conjunction with the combustion of fossil fuels that are 
necessarily associated with the production of energy and that 
traditionally have been and actually are mixed with and are 
disposed of or treated at the same time with fly ash, bottom ash, 
boiler slag or flue gas emission control wastes from coal 
combustion;

3.	waste from the extraction, beneficiation and 
processing of ores and minerals, including phosphate rock and 
overburden from the mining of uranium ore, coal, copper, 
molybdenum and other ores and minerals;

4.	agricultural waste, including, but not limited to, 
manures and crop residues returned to the soil as fertilizer or 
soil conditioner;

5.	cement kiln dust waste;

6.	sand and gravel;

7.	solid or dissolved material in domestic sewage, or 
solid or dissolved materials in irrigation return flows or 
industrial discharges that are point sources subject to permits 
under Section 402 of the Federal Water Pollution Control Act, 33 
U.S.C. Section 1342, or source, special nuclear or by-product 
material as defined by the Atomic Energy Act of 1954, 42 U.S.C. 
Section 2011 et seq.;

8.	densified-refuse-derived fuel; or

9.	any material regulated by Subtitle C or Subtitle I, 
42 U.S.C. Section 6901 et seq., except petroleum contaminated 
soils, of the federal Resource Conservation and Recovery Act of 
1976, substances regulated by the Federal Toxic Substances 
Control Act, 7 U.S.C. Section 136 et seq., or low-level 
radioactive waste;

[6-2-74; 5-14-89; 1-30-92; 8-17-94]

BW.	"solid waste district" means a geographical area 
designated by the Board as a solid waste district under the Act; 
 [1-30-92]

BX.	"solid waste facility" means any public or private 
system, facility, contiguous land and structures, location, 
improvements on the land, or other appurtenances or methods used 
for processing, transformation, recycling or disposal of solid 
waste, including landfill disposal facilities, transfer stations, 
resource recovery facilities, incinerators and other similar 
facilities not specified. Solid waste facility does not include:

1.	equipment specifically approved by order of the 
Secretary to render medical waste generated on site non-
infectious;

2.	a facility that is permitted pursuant to the 
provisions of the Hazardous Waste Act, NMSA 1978, Sections 74-4-1 
through 74-4-14;

3.	a facility fueled by a densified-refuse-derived 
fuel as long as that facility accepts no other solid waste;

4.	a facility that collects, transfers, or processes 
source separated household or commercial solid waste for 
recycling and has a design capacity of 25 tons or less per day;

5.	storage containers with a total on site storage 
container capacity of 120 cubic yards or less;

6.	that portion of a facility that refurbishes or re-
sells used clothing, furniture or appliances for reuse;

7.	 scrap metal or auto salvage operations;

8.	a composting facility which occupies less than 5 
acres, uses only water or an inoculant as an additive and 
utilizes no more than 50% manure in the final mix, and does not 
compost municipal sewage sludge or municipal solid waste, 
excluding yard waste;

9.	manufacturing facilities that use recycled material 
in production of a new product; 

10. facilities designed and operated to handle less 
than 25 tons per day, by dry weight, of sludge on land, such as 
land application or land injection;

11. landfarming of petroleum contaminated soils unless 
within a landfill or composting facility, where "landfarming" is 
the remediation of petroleum contaminated soils on  the land 
surface; 

12. any facility or person accepting, stockpiling, or 
using clean fill material as long as;

a.	the material does not create a public nuisance 
or adversely impact the environment; 

b.	the material is not placed in a watercourse or 
in any other manner inconsistent with the Water Quality Control 
Commission regulation 2-201 "Disposal of Refuse"; and

c.	the material used is covered with two feet of 
clean earth immediately after deposition or within a reasonable 
time as determined by the Secretary;

13. small transfer stations;

[1-30-92; 8-17-94]

BY.	"source separation" means the setting aside of 
recyclable materials at the point of generation (household or 
commercial) by the generator before the materials would otherwise 
become solid waste, but does not include recyclable materials 
that would otherwise become special waste;  [1-30-92]

BZ.	"special wastes" means the following types of solid 
wastes that have unique handling, transportation, or disposal 
requirements to assure protection of the environment and the 
public health, welfare and safety:

1.	treated formerly characteristic hazardous wastes 
(TFCH);

2.	packing house and killing plant offal;

3.	asbestos waste;
4.	ash;

5.	infectious waste;

6.	sludge, except compost which meets the provisions 
of 40 CFR 503;

7.	industrial solid waste;

8.	spill of a chemical substance or commercial 
product;

9.	dry chemicals, which, when wetted, become 
characteristically hazardous; and

10. petroleum contaminated soils;

[5-14-89; 1-30-92; 8-17-94]

CA.	"stabilized" means, for composting, that the biological 
decomposition of the wastes has ceased or diminished to a level 
such that decomposition no longer poses a health or safety hazard 
and does not violate any provisions of these or other applicable 
regulations;  [1-30-92; 8-17-94]

CB.	"storage" means the accumulation of solid waste for the 
purpose of processing or disposal;  [5-14-89]

CC.	"structural components" means liners, leachate 
collection systems, final covers, run-on/run-off systems, and any 
other component used in the construction and operation of the 
landfill that is necessary for protection of public health, 
welfare and the environment;  [8-17-94]

CD.	"transfer" means the handling and storage of solid 
waste for reshipment, resale, or disposal, or for waste reduction 
or resource conservation;  [5-14-89; 1-30-92; 8-17-94]

CE.	"transfer station" means a facility managed for 
handling and storage of solid waste in large containers or 
vehicles for transfer to another facility and includes, but is 
not limited to, a "convenience center" which accepts solid waste 
from the general public;  [5-14-89; 1-30-92; 8-17-94]

CF.	"transformation" means incineration, pyrolysis, 
distillation, gasification or biological conversion other than 
composting;  [1-30-92]

CG.	"unstable area" means a location that is susceptible to 
natural or human-induced events or forces capable of impairing 
the integrity of some or all of the landfill structural 
components responsible for preventing releases from a landfill.  
Examples of unstable areas are poor foundation conditions, areas 
susceptible to mass movements, and Karst terrain areas where 
Karst topography, with its characteristic surface and 
subterranean features, is developed as a result of dissolution of 
limestone, dolomite, or other soluble rock.  Characteristic 
physiographic features present in Karst terrains include, but are 
not limited to, sinkholes, sinking streams, caves, large springs, 
and blind valleys;  [8-17-94]

CH.	"vadose zone" means the geologic profile extending from 
the ground surface to the upper surface of the uppermost water-
bearing formation and includes localized areas of saturation such 
as perched water and capillary fringe regions;  [1-30-92]

CI.	"variance" means a waiver from one or more provisions 
of this Part on any grounds other than those set forth in NMSA 
1978, Section 74-9-32 for an exemption;  [1-30-92; 11-30-95]

CJ.	"waste management unit boundary" means a vertical 
surface located at the hydraulically downgradient limit of the 
landfill.  This vertical surface extends down into the uppermost 
aquifer;  [8-17-94]

CK.	"watercourse" means any river, creek, arroyo, canyon, 
draw, or wash, or any other channel having definite banks, with 
visible evidence of continuous or intermittent flow of water;  
[6-2-74; 5-14-89; 8-17-94]

CL.	"water table" means that surface in unconfined ground 
water at which the pressure is atmospheric; defined by the levels 
at which water stands in wells that penetrate the water just far 
enough to hold standing water;  [5-14-89]

CM.	"well" means a bored, drilled or driven shaft, or a dug 
hole, whose depth is greater than the largest surface dimension 
and meets the requirements for monitoring wells in Subpart VIII; 
 [5-14-89; 8-17-94]

CN.	"wetlands" means those areas that are inundated or 
saturated by surface or ground water at a frequency and duration 
sufficient to support, and that under normal circumstances do 
support, a prevalence of vegetation typically adapted for life in 
saturated soil conditions; and  [5-14-89]

CO.	"yard refuse" means vegetative matter resulting from 
landscaping, land maintenance and land clearing operations.  
[6-2-74; 5-14-89; 1-30-92; 8-17-94]

106.	GENERAL REQUIREMENTS.  [5-14-89]

A.	All solid waste shall be processed or disposed of by 
means approved by the Secretary and in accordance with Board 
regulations including, but not limited to, recycling, composting, 
transformation, or landfilling.  [5-14-89; 1-30-92]

B.	Any municipality, with a population greater than 3,000 
shall provide at least once weekly collection or as often as 
otherwise necessary to comply with the requirements of this Part. 
 [6-2-74; 5-14-89; 11-30-95]

C.	The state, and each municipality, county, or 
cooperative association shall provide a means to dispose of solid 
waste generated within its respective jurisdiction which has been 
approved by the Secretary and complies with this Part.  [5-14-89; 
1-30-92; 11-30-95]

D.	The state, municipality, county, or cooperative 
association may contract with any person for the collection, 
transportation, recycling, or disposal of solid waste. 
Contracting for the collection, transportation, recycling, or 
disposal of solid waste does not relieve the state, municipality, 
county or cooperative association of the responsibility for 
compliance with this Part.  [6-2-74; 5-14-89; 11-30-95]

E.	Any person who provides collection shall use vehicles 
which shall have covers or enclosures to prevent the solid waste 
from blowing from the vehicle during collection and 
transportation, and which are cleaned at such times and in such 
manner as to prevent offensive odors and unsightliness, and which 
use devices to retain or control free liquids.  [6-2-74; 5-14-89; 
1-30-92]

F.	Any person who generates solid waste shall provide 
containers for the solid waste except for construction and 
demolition debris, yard refuse, and appliances.  Storage 
containers shall prevent insect and rodent harborage and be kept 
covered and reasonably clean.  Outside containers shall also be 
leak-proof and shall:

1.	if manually handled, have a maximum capacity of 32 
gallons with safe, usable handles, or shall be bags which are not 
filled to an extent that they rupture with normal handling; or

2.	if mechanically handled, be compatible with 
collection vehicles.

[5-14-89; 1-30-92; 8-17-94]

G.	Any person who stores yard refuse or appliances shall 
store such wastes in a manner which prevents insect and rodent 
harborage and public health hazards.  [5-14-89; 1-30-92; 8-17-94]

107.	PROHIBITED ACTS.  No person shall:  [1-30-92; 8-17-94]

A.	dispose of any solid waste in this state in a manner 
that the person knows or should know will harm the environment or 
endangers the public health, welfare or safety;  [1-30-92; 
8-17-94]

B.	dispose of any solid waste in a place other than a 
solid waste facility that meets the requirements of this Part;  
[1-30-92; 8-17-94; 11-30-95]

C.	dispose of any solid waste, including special waste, in 
a solid waste facility when a regulation of the Board or a 
condition of permit prohibits the disposal of the particular type 
of solid waste in that facility;  [1-30-92]

D.	construct, operate, modify or close a solid waste 
facility unless the facility has approval under this Part from 
the Department for the described action;  [1-30-92; 8-27-94; 
11-30-95]

E.	modify permit conditions or modify a solid waste 
facility unless the facility has applied for and received 
permission from the Secretary for the modification pursuant to 
20 NMAC 1.4, Permit Procedures - Environment Department;  
[1-30-92; 11-30-95]

F.	dispose of petroleum waste, sludge which does not meet 
the analytical criteria of Section 704 of this Part domestic 
sewage, treated domestic sewage, or septage at any solid waste 
facility;  [1-30-92; 11-30-95]

G.	dispose of hazardous wastes which are subject to 
regulation under Subtitle C of the Resource Conservation and 
Recovery Act, 42 USC 6901 et seq, at any solid waste facility, 
unless the facility is permitted for the disposal of hazardous 
wastes;  [1-30-92]

H.	dispose of bulk or non-containerized liquid waste at 
any landfill unless;

1.	the liquid waste is household waste other than 
septic waste; or

2.	the container holding liquid waste is a small 
container similar in size to that normally found in household 
waste and the container is designed to hold liquids for use other 
than storage, and the waste is household waste;

[1-30-92; 8-17-94]

I.	process, recycle, transfer, transform, or dispose of 
radioactive waste including low level radioactive waste in a 
solid waste facility; however, nothing in this section shall 
prohibit the storage or disposal of radioactive materials or 
radioactive waste from a uranium mine or mill pursuant to a 
license or other authorization from the United States nuclear 
regulatory commission or the state;  [1-30-92; 8-17-94]

J.	dispose of lead-acid batteries, at any landfill or 
incinerator;  [1-30-92]

K.	dispose of any infectious waste in a landfill;  
[8-17-94]

L.	dispose of any material regulated under the Federal 
Toxic Substances Control Act, including PCB's as defined in that 
Act, except asbestos, in a solid waste facility;  [8-17-94]

M.	discharge from a solid waste facility to surface or 
ground waters of New Mexico which may violate the New Mexico 
Water Quality Act, Commission regulations or standards, or the 
Federal Clean Water Act and Safe Drinking Water Act;  [1-30-92; 
8-17-94]

N.	dispose of any solid waste in violation of any 
applicable requirements of the New Mexico Air Quality 
Implementation Plan promulgated under Section 110 of the Federal 
Clean Air Act;  [8-17-94]

O.	allow open burning at the solid waste facility;  
[1-30-92; 8-17-94]

P.	dispose or process any solid waste at a new or modified 
solid waste facility until:

1.	a permit has been issued by the Secretary; and 

2.	the Secretary has either:

a.	made an inspection of the solid waste facility 
and determined that the site has been developed in accordance 
with the application and its permit conditions and in compliance 
with the applicable regulations; or

b.	failed to make an inspection of the solid waste 
facility within 60 days of written notice of completion of 
construction.

[1-30-92; 8-17-94]

108.	EXEMPTIONS.  This Part does not apply to:  [5-14-89; 
1-30-92; 11-30-95]

A.	disposal of solid waste by a homeowner, residential 
lessee or tenant or agricultural enterprise, on the property she 
or he owns, rents or leases, if the waste was generated on that 
property, and the disposal by the homeowner, residential lessee 
or tenant or agricultural enterprise of the solid waste does not 
harm the environment or endanger the public health, welfare or 
safety and does not violate any provision of this Part;  
[5-14-89; 1-30-92; 8-17-94; 11-30-95]

B.	on-site disposal of domestic solid waste generated by a 
person residing and occupying that same property only if that 
property is located in a place where it is not feasible, as 
determined by the Department, to dispose of the solid waste in a 
permitted solid waste facility and the disposal of the solid 
waste does not harm the environment or endanger the public 
health, welfare or safety and does not violate any provision of 
this Part; or  [5-14-89; 1-30-92; 8-17-94; 11-30-95]

C.	disposal of construction and demolition debris or yard 
refuse by a person in possession of property if the material was 
generated on the property and if the disposal of the solid waste 
does not violate any provision of this Part.  [5-14-89; 1-30-92; 
8-17-94; 11-30-95]

109.	RECORD KEEPING AND ANNUAL REPORTS.  [5-14-89]

A.	Owners and operators of solid waste facilities shall 
make and maintain an operating record during the active life of 
the facility, for each day that operations, monitoring, closure, 
or post-closure activity occurs.  [5-14-89; 1-30-92; 8-17-94]

B.	The operating record shall include:

1.	type and weight or volume of the solid waste 
received;

2.	country, if other than the U.S., state, county, and 
municipality in which the solid waste originated;

3.	commercial haulers of the solid waste;

4.	type and weight or volume of special waste 
received;

5.	description of solid waste or special waste 
handling problems or emergency disposal activities;

6.	record of deviations from the approved design or 
operational plans; and

7.	for a transfer station, the origin and destination 
of the solid waste, including the facility name, the county in 
which it is located, and the type and weight or volume of solid 
waste transported.

[5-14-89; 1-30-92; 8-17-94]

C.	Owners or operators of solid waste facilities as 
defined in Section 105.BX; and operations requiring registration 
under Section 213 shall submit an annual report to the Secretary 
for each facility or operation, within 45 days from the end of 
each calendar year describing the operations of the past year. 
The reports shall include the following:

1.	the type and weight or volume of solid waste 
received in each month of the reported year from each state, 
county, and municipality in which the waste originated;

2.	the type and weight or volume of solid waste 
received from each commercial hauler that delivered waste to the 
facility;

3.	for a landfill, a description of the capacity used 
in the previous year and the remaining capacity;

4.	for a landfill, a description of the acreage used 
for disposal, the acreage seeded, the acreage where vegetation is 
permanently established and a narrative of the owner's or 
operator's progress in implementing the closure plan;

5.	the type and weight or volume of special waste 
received at the solid waste facility in the previous year;

6.	a summary of all monitoring results; 

7.	written notice to the Secretary if any change in 
operation has occurred that will reduce the active life of the 
facility by 25% or more; 

8.	weight or volume of materials recycled during the 
year; 

9.	final disposition of materials not stored or 
recycled; 

10. amount of leachate generated and treated; and

11. financial data on forms supplied by the Department.

[5-14-89; 1-30-92; 8-17-94]

D.	All records, including plans, required by this Part 
shall be furnished upon request and made available at all 
reasonable times for inspection by the Secretary.  [1-30-92; 
11-30-95]

E.	Records of the annual reports for landfills shall be 
retained at least throughout the post-closure period, and at 
least seven years after closure for all other solid waste 
facilities.  [1-30-92]

F.	For landfills, any demonstration made to the Secretary 
under sections 302.A.12 and 302.A.13 regarding seismic impact 
areas and unstable areas shall be kept as part of the facility 
operating record.  [8-17-94]

110.	EXEMPTIONS FOR SMALL MUNICIPAL LANDFILLS.  [8-17-94]

A.	Owners or operators of new and existing municipal 
landfills and lateral expansions that dispose of less than 20 
tons of solid waste daily, based on an annual average, are exempt 
from the design requirements in Subpart III, provided the owner 
or operator demonstrates that:

1.	there is no evidence of ground water contamination 
from the landfill;

2.	the community has no practicable waste management 
alternative; and

3.	the municipal landfill is located in an area that 
receives 25 inches or less annual precipitation.

[8-17-94]

B.	Municipal landfills that meet the criteria in Section 
110.A shall comply with the ground water monitoring requirements 
in sections 801 through 810 by October 9, 1995, if the landfill 
is new or existing or a lateral expansion located less than two 
miles from a drinking water intake; or by October 9, 1996, if the 
landfill is existing or a lateral expansion located more than two 
miles from a drinking water intake, unless;

1.	the Secretary determines that ground water 
monitoring is necessary prior to the dates indicated; or

2.	the federal Environmental Protection Agency 
approves alternatives to the ground water monitoring criteria 
prior to the dates indicated and such alternatives are approved 
by the Secretary.

[8-17-94]

111.	FACILITIES; ENTRY BY DEPARTMENT; AVAILABILITY OF RECORDS TO 
DEPARTMENT AND OTHERS.  [1-30-92]

A.	The Secretary or any authorized representative, 
employee or agent of the Department may:

1.	enter any solid waste facility at any reasonable 
time for the purpose of making an inspection or investigation of 
solid waste management practices;

2.	at any reasonable time, enter, inspect and monitor 
any solid waste compaction facilities that compact solid waste 
for disposal in a solid waste district different from the 
district in which the compaction facility is located;

3.	take samples of the waste, soil, air or water and 
analyze samples of that waste, soil, air or water in order to 
detect the nature and concentration of contaminants, including 
those produced by leaching, natural decomposition, gas production 
or hazardous products in the solid waste facility;

4.	for the purposes of developing or assisting in the 
development of any regulation, conducting any study, taking 
corrective action or enforcing the provisions of this Part 
conduct monitoring or testing of the equipment, contents or 
surrounding soils, air, surface water or ground water at a solid 
waste facility at any reasonable time; and

5.	make reasonable periodic inspections without prior 
notice at every solid waste facility in order to implement 
effectively and enforce the requirements of this Part and may, in 
coordination with the Secretary of the Highway and Transportation 
Department, conduct at weigh stations, or any other adequate site 
or facility, inspections of solid waste in transit.

[1-30-92; 11-30-95]

B.	Any commercial hauler that disposes of solid waste in a 
solid waste facility shall allow inspection of his vehicles, 
transfer stations, collection facilities or any other facilities 
designed for the collection or transportation of solid waste 
under the same conditions and circumstances as outlined in 
Subsection A of this section.  [1-30-92]

C.	The owner or operator may split any samples obtained 
during the activities specified in this section and conduct an 
independent analysis.  [1-30-92; 8-17-94]

112. - 199.  [RESERVED.]


	SUBPART II
	SOLID WASTE FACILITY PERMITS

200.	[RESERVED.]

201.	PERMIT APPLICATION REQUIREMENTS.  [5-14-89; 1-30-92; 
8-17-94]

A.	A permit is required of:

1.	any person seeking to construct, operate, or close 
a solid waste facility;

2.	any person seeking to modify an existing solid 
waste facility; and

3.	an existing solid waste facility for which the 
Secretary has requested a permit application.

[8-17-94]

B.	Any person seeking a permit shall file an application, 
which shall:

1.	contain all information required by the Act and the 
applicable section or sections of this part;

2.	comply with any additional requirements of 20 NMAC 
1.4, Permit Procedures - Environment Department;

3.	be accompanied by facility plans and drawings 
signed and sealed by a professional engineer registered in New 
Mexico; 

4.	comply with the financial assurance requirements as 
specified in Subpart IX;

5.	provide proof of FAA notification if the facility 
is to be located within five (5) miles of an airport;

6.	contain a disclosure statement consistent with 
Section 74-9-21 of the Solid Waste Act and on forms provided by 
the Department;

7.	demonstrate compliance with the operational 
criteria contained in Subpart IV, and record keeping requirements 
in Subpart I;

8.	demonstrate compliance with the siting restrictions 
contained in Subpart III;

9.	consist of one copy of the permit application at 
the time of initial submittal, and four final copies when the 
application is deemed complete;

10. contain(s) the following site information:

a.	the name and address of the applicant, property 
owner, and solid waste facility owner and operator;

b.	legal description and maps of the proposed 
facility site, including land use and zoning of the surrounding 
area;

c.	if exploration holes are drilled to obtain 
data, a certification that the holes were plugged or sealed in 
accordance with the State Engineer's requirements for plugging or 
sealing of test holes;

d.	a description of the facility's water source 
and its location; and

e.	any other applicable information requested by 
the Secretary.

11. contain the following operational information:

a.	means of controlling and mitigating odors;

b.	listing and description of the number, type and 
size of equipment to be used at the proposed solid waste facility 
for processing, recovering, recycling, transforming or disposing 
of solid wastes;

c.	narrative description of the operating plan for 
the proposed solid waste facility, including but not limited to, 
the origin, expected composition and weight or volume of solid 
waste that is proposed to be received at the facility, the 
process to be used at the facility, the daily operational 
methodology of the proposed process, the loading rate, the 
proposed capacity of the facility and the expected life of the 
facility;

d.	a plan for an alternative waste handling or 
disposal system during periods when the proposed solid waste 
facility is not in operation, including procedures to be followed 
in case of equipment breakdown.  Procedures may include the use 
of standby equipment, extension of operating hours and 
contractual agreements for diversion of waste to other 
facilities;

e.	anticipated start-up date of the facility;

f.	operating hours of the proposed facility; and

g.	plans for transportation to and from the 
facility including:

(1)	the size and approximate number of 
vehicles that will deliver waste to the facility daily;

(2)	the routes that will be used by waste 
vehicles and the suitability of roads and bridges involved;

(3)	measures for controlling litter, dust and 
noise caused by traffic; 

(4)	other impacts of traffic to and from the 
facility; and 

(5)	plans, if any, for diverting solid waste 
from the waste stream.

12. a contingency plan according to Subpart VIII; and

13. any other information required by the Secretary.

[1-30-94; 8-17-94; 11-30-95]

C.	Each permit application filed with the Secretary shall 
include proof that the applicant has provided notice of the 
filing of the application to the public and other affected 
individuals and entities. The notice shall:

1.	be provided by certified mail to the owners of 
record, as shown by the most recent property tax schedule and tax 
exempt entities of record, of all properties:

a.	within one hundred feet of the property on 
which the facility is located or proposed to be located if the 
facility is or will be in a Class A or H county or a municipality 
with a population of more than two thousand five hundred (2,500) 
persons; or

b.	within one-half mile of the property on which 
the facility is located or proposed to be located if the facility 
is or will be in a county or municipality other than those 
specified in Subsection a of this section;

2.	be provided by certified mail to all 
municipalities, counties, and tribal governments in which the 
facility is or will be located and to all municipalities, 
counties, and tribal governments within a ten mile radius of the 
property on which the facility is proposed to be constructed, 
operated or closed;

3.	be provided to all parties and interested 
participants of record for a permit modification or renewal 
pursuant to Section 210 and 212.; 

4.	be published once in a newspaper of general 
circulation in each county in which the property in which the 
facility is proposed to be constructed, operated or closed is 
located; this notice shall appear in either the classified or 
legal advertisements section of the newspaper and at one other 
place in the newspaper calculated to give the general public the 
most effective notice and, when appropriate, shall be printed in 
both English and Spanish; 

5.	be posted in at least four publicly accessible and 
conspicuous places, including the proposed or existing facility 
entrance on the property on which the facility is or is proposed 
to be located; and

6.	include the following:

a.	name, address, phone number of applicant and 
contact person;

b.	the anticipated start up date of the facility 
or modification, and hours of operation;

c.	a description of the facility, including the 
general process, location, size, quantity, rate, and type of 
waste to be handled and a description of the modification;

d.	the origin of the waste; and

e.	a statement that comments should be provided to 
the applicant and the Department.

[8-17-94]
D.	Multiple facilities may be permitted under one solid 
waste permit provided each facility meets the applicable 
requirements in this Part.  [8-17-94; 11-30-95]

202.	ADDITIONAL PERMIT REQUIREMENTS FOR MUNICIPAL OR SPECIAL 
WASTE LANDFILL FACILITIES.  [8-17-94]

A.	Any person seeking a permit for a municipal or special 
waste landfill shall submit the following additional information:

1.	a schedule of filling and methods of compaction of 
solid waste;

2.	types and sources of daily, intermediate and final 
cover;

3.	site plans and sections of the facility, drawn to 
scale, indicating the location of:

a.	ground water monitoring wells and landfill gas 
monitoring points;

b.	materials recovery operation(s); 

c.	borrow and fill areas;

d.	fire protection equipment; 

e.	provisions for concealing the site from public 
view and reducing noise;

f.	surface drainage;

g.	water supply;

h.	buildings, roads, utilities, storage ponds, 
fences and other site improvements;

i.	the location of electric power transmission and 
distribution lines, pipelines, railroads, water, gas, oil wells, 
and public and private roads within 300 feet of the facility; and

j.	the location of all-weather access roads to and 
within the landfill, including slopes, grades, length, load 
limits and points of entrance and exit;

4.	a topographic map of the site at a scale of 1"=200 
feet, with a contour interval of 2 feet or less where relief is 
less than 50 feet; and 5 feet or less where relief exceeds 50 
feet, with property boundaries of the landfill indicated;
5.	the most recent full size U.S. Geological Survey 
topographic map of the area, showing the waste facility boundary 
and existing utilities and structures within 500 feet from the 
boundary of the facility site;

6.	if available, the most recent U.S. Geological 
Survey, Army Corps of Engineers or Federal Insurance 
Administration 100-year frequency floodplain map.  If not 
available, the applicant shall otherwise demonstrate the site is 
not located in a 100-year frequency floodplain; 

7.	a description of site geology and hydrology 
including:

a.	characterization of the uppermost aquifer 
including depth, flow direction, gradient and velocity;

b.	characterization of the geology including the 
results of a boring plan previously approved by the Secretary 
plus: 

(1)	a site plan showing the location, surface 
elevation and total depth of each boring (all borings shall be to 
a depth of at least 100 feet below the base of the deepest 
proposed fill area, or to ground water, whichever is encountered 
first);

(2)	a columnar section of each boring, drawn 
to a scale of 1"=10' graphically depicting the soil and/or rock 
strata penetrated and describing each layer;

(a)	if soil: color, degree of compaction, 
moisture content plus any additional information necessary for an 
adequate description and classification of each stratum based on 
the Unified Soils Classification System; and

(b)	if rock: a detailed lithologic 
description, including rock type, degree of induration, presence 
of fractures, fissility, and porosity (including vugs) plus any 
other information necessary for an adequate description;

(3)	if ground water was encountered, the 
initial depth it was encountered shall be indicated on the 
columnar section. Borings may be converted into piezometers or 
ground water monitoring wells, provided:

(a)	care is taken not to introduce 
contamination into the piezometers; and

(b)	ground water monitoring wells are 
constructed in accordance with Section 802.
8.	a demonstration that surface water from the 
landfill will not discharge contaminants in violation of the New 
Mexico Water Quality Act, Commission regulations or standards,  
or the Federal Clean Water Act, including an analysis of surface 
water flow and control systems including, but not limited to, 
water diversion, collection, conveyance, erosion and 
sedimentation control, treatment, storage and discharge 
facilities to be used;

9.	closure and post-closure plans as described in 
Subpart V of this Part;

10. plans and specifications for ground water 
monitoring systems in accordance with Subpart VIII;

11. plans and specifications for liner and leachate 
collection systems shall be in accordance with Subpart III;

12. plans and specifications for landfill gas 
monitoring and management programs in accordance with 
Subpart III; and

13. any other information requested by the Secretary.  
[8-17-94; 11-30-956]

203.	ADDITIONAL PERMIT REQUIREMENTS FOR CONSTRUCTION AND 
DEMOLITION LANDFILLS.  [8-17-94]

A.	Construction and demolition landfills shall submit the 
following additional information:

1.	a site plan of the proposed facility, drawn to 
scale, indicating the location of:

a.	storage, loading and unloading areas;

b.	fencing and gates;

c.	entrances, exits and access roads; 

d.	location of buildings within 500 feet of the 
facility; and

e.	public water supply wells and private wells 
within 1000 feet of the facility.

2.	frequency of construction and demolition debris 
deposit and collection for reuse from the facility, method of 
transport and destination.

[8-17-94]

B.	Construction and demolition debris landfills shall also 
provide information showing that the facility meets the siting 
restrictions of Section 303.  [8-17-94]

C.	Any other information requested by the Secretary.  
[8-17-94]

204.	ADDITIONAL PERMIT REQUIREMENTS FOR RECYCLING AND PROCESSING 
FACILITIES EXCEPT COMPOSTING FACILITIES.  Any person seeking a 
permit for recycling and processing facilities shall submit the 
following additional information:  [1-30-92; 8-17-94]

A.	a description of the survey and analysis process used 
to determine the characteristics of all solid waste expected to 
be processed;  [1-30-92]

B.	plans and elevations, to scale, of all structures used 
for processing, storage, alternate storage, and disposal 
capability;  [1-30-92; 8-17-94]

C.	a process description of the sampling capability and 
locations designed into the facility so the process stream can be 
safely sampled and analyzed;  [1-30-92; 8-17-94]

D.	a description of the methods to be employed for the 
containment or removal of residues and spills in a manner that 
protects the public health, welfare, safety and the environment; 
 [1-30-92; 8-17-94]

E.	an operation and maintenance manual which shall address 
all of the operating requirements; and  [1-30-92; 8-17-94]

F.	any other information requested by the Secretary.  
[8-17-94]

205.	ADDITIONAL PERMIT REQUIREMENTS FOR TRANSFORMATION 
FACILITIES.  [1-30-92; 8-17-94]

A.	Any person seeking a permit for transformation 
facilities shall submit the following additional information:

1.	the composition of the waste to be received at the 
facility;

2.	the method to be used to convert the waste into a 
feedstock for the transformation process including material 
separation and recovery systems;

3.	if the transformation process is other than 
biological, a characterization of the feedstock used as the 
design basis of the facility shall be included showing:

a.	composition by material type; and

b.	physical and chemical properties, including 
moisture content, ash content, and higher heating value.

4.	if the transformation is by means of a biological 
process, a characterization of the feedstock used as the design 
basis of the facility shall be included showing:

a.	composition by material type;

b.	physical and chemical properties, including: 
moisture content; and percent organic and inorganic matter.

c.	process efficiency as measured by conversion of 
volatile solids; and

d.	end products or residue;

5.	the proposed location and method for disposal, 
storage or processing of, liquid or solid residues produced by 
operation of the facility;

6.	the process for separation, storage and ultimate 
disposal of unmarketable waste generated by the process, 
including the temporary storage of bulky wastes;

7.	the minimum and maximum volumes of the types of 
material or solid waste to be stored prior to sale, reuse or 
disposal, and the minimum and maximum time that material or waste 
is to be stored;

8.	plans, drawings and specifications including:

a.	site plans, elevations, and equipment general 
arrangements;

b.	the most recent full size U.S. Geological 
Survey topographic map of the area, showing the waste facility 
boundary, the property boundary, the existing utilities and 
structures within 500 feet from the boundary of the facility 
site;

c.	the location of electric power transmission and 
distribution lines, pipelines, railroads and public and private 
roads within 300 feet of the proposed facility;

d.	the transformation unit, with feed area and 
residue removal;

e.	all conveyors, ramps and other devices employed 
to move material throughout the facility;

f.	control room and equipment;

g.	pollution control equipment; and

h.	an operation and maintenance manual that 
includes:

(1)	current policies and procedures;

(2)	the operating requirements for the various 
stages of transformation; and

(3)	all information that would enable 
supervisory and operating personnel, and persons evaluating the 
operation of the facility, to determine the sequence of 
operation, plans, diagrams, policies, procedures and legal 
requirements which must be followed for orderly and successful 
operation on a daily and ongoing basis;

9.	a description of the facility operation which 
includes:

a.	a sequential description of the major 
components used for the treatment of the solid waste starting 
from its delivery at the facility and continuing through the 
residue and ash residue treatment and loading operations;

b.	procedures for facility start-up, scheduled and 
unscheduled shut downs;

c.	a description of potential safety hazards and 
methods of control including, but not limited to, arrangements to 
detect explosion potential and equipment installed to minimize 
the impact of explosion; and

d.	a description of personnel safety equipment and 
protective gear including, but not limited to, showers, eye wash, 
fire extinguishers, hoses, hard hats, safety goggles, hearing 
protection, and proposed personnel hygiene facilities.

10. an operations plan including all plant systems 
complete with process flow and 			instrumentation 
diagrams and heat and material balances;

11. an identification of the ultimate disposition of 
the residue or end products of the facility such as a landfill or 
market; and

12. any other information requested by the Secretary.

[1-30-92; 8-17-94]

B.	The design and operation of the transformation facility 
shall conform to all applicable codes and standards including but 
not limited to ASTM, ANSI, ASME, ACI and UBC, most recent 
edition, as well as the building code requirements in the city, 
county, or municipality in which the facility is to be located.  
[8-17-94]

C.	Within thirty days of permit issuance and prior to 
commencement of detailed design work, the applicant shall submit 
to the Department a comprehensive project schedule in the form of 
a bar-chart, PERT or critical path network. The schedule shall 
indicate each major design, procurement, construction, and start-
up activity in a properly sequenced and coordinated fashion. 
Progress reports shall be submitted at least once a month 
indicating major activities  accomplished and percentage of work 
completed.  [8-17-94]

206.	ADDITIONAL PERMIT REQUIREMENTS FOR SOLID WASTE FACILITIES 
THAT ACCEPT SPECIAL WASTE.  Any person seeking a permit to accept 
special waste at a solid waste facility shall submit the 
following additional information:  [1-30-92; 8-17-94]

A.	a complete description of the types of wastes to be 
accepted;  [1-30-92]

B.	the anticipated amount and frequency of disposal of the 
wastes;  [1-30-92]

C.	the method of disposal;  [1-30-92]

D.	a copy of the disposal management plan for those 
special wastes not otherwise specified with any special disposal 
requirements as required by Subpart VII;  [1-30-92; 8-17-94; 
11-30-95]

E.	emergency and mitigation measures in case of a spill or 
leak; and  [1-30-92]

F.	any other information requested by the Secretary.  
[1-30-92; 8-17-94]

207.	ADDITIONAL PERMIT REQUIREMENTS FOR COMPOSTING FACILITIES.  
Any person seeking a permit for composting facilities shall 
submit the following additional information:  [1-30-92; 8-17-94]

A.	the composition of the waste to be received at the 
facility;  [8-17-94]

B.	the method to be used to convert the waste into a 
feedstock for the composting process including material 
separation and recovery systems;  [8-17-94]

C.	a characterization of the feedstock used as the design 
basis of the facility shall be included showing:

1.	composition by material type;

2.	physical and chemical properties including:

a.	moisture content;

b.	percent organic and inorganic matter; and

3.	process efficiency as measured by conversion of 
volatile solids;

[[8-17-94]

D.	a description of the composting process to be used 
including:

1.	the method of measuring, shredding, mixing, and 
proportioning input materials; 

2.	a description of the temperature monitoring 
equipment and the location of all temperature and any other type 
of monitoring points, and the frequency of monitoring;

3.	a description of any proposed additive material, 
including its quantity, quality, and frequency of use;

4.	special precautions or procedures for operation 
during wind, heavy rain, snow and freezing conditions;

5.	estimated composting time duration, which is the 
time period from initiation of the composting process to 
completion;

6.	for windrow systems, the windrow construction, 
including width, length, and height;

7.	the method of aeration, including turning frequency 
or mechanical aeration equipment and aeration capacity; and

8.	for in-vessel composting systems, a process flow 
diagram of the entire process, including all major equipment and 
flow streams;

[1-30-92; 8-17-94]

E.	a general description of the ultimate use for the 
finished compost and method for removal from the site and a plan 
for the disposal of the finished compost that cannot be used in 
the expected manner due to poor quality or change in market 
conditions; and  [1-30-92]

F.	any other information requested by the Secretary.  
[8-17-94]

208.	ADDITIONAL PERMIT REQUIREMENTS FOR TRANSFER STATIONS.  Any 
person seeking a permit for a transfer station shall submit the 
following additional information:  [1-30-92; 8-17-94]

A.	a site plan of the proposed facility, drawn to scale, 
indicating the location of:

1.	storage, loading and unloading areas;

2.	fencing and gates;

3.	entrances, exits, and access roads; and

4.	locations of buildings within 100 feet of the 
facility;

[1-30-92; 8-17-94]

B.	the collection, treatment, or disposal of waste water 
from the facility;  [1-30-92; 8-17-94]

C.	the frequency of solid waste deposit and pick-up from 
the facility, method of transport, and destination;   [1-30-92]

D.	specific operational procedures including traffic 
patterns, unloading time, and practical capacity of the facility 
to demonstrate the facility is capable of handling the projected 
waste stream; and  [8-17-94]

E.	any other information requested by the Secretary.  
[8-17-94]

209.	PERMIT, MODIFICATION, AND RENEWAL APPLICATION FEES.  The 
following shall apply to all permit applications, modifications 
or permit renewal requests:  [1-30-92]

A.	Fees shall be paid by the applicant at the time of 
application and shall be in accordance with the table listed in 
Section 1108.  [1-30-92; 8-17-94; 11-30-95]

B.	Fees for modifications and renewals shall be half of 
the stated fee schedule.  [1-30-92]

C.	Fees shall be paid by certified check or money order, 
payable to the Department.  [1-30-92]

D.	Fees shall not exceed ten thousand dollars ($10,000) 
per application.  [1-30-92]

210.	PERMIT OR FACILITY MODIFICATION.  [5-14-89; 1-30-92]

A.	Any owner or operator of a solid waste facility who 
seeks to modify such facility or permit conditions as defined in 
this Part shall obtain a permit from the Secretary prior to 
making any modifications. The modification shall not extend the 
initial term of the permit.  [5-14-89; 1-30-92; 8-17-94; 
11-30-95]

B.	An application for a modification shall demonstrate 
compliance with the portions of this Part affected by such a 
modification.  [8-17-94; 11-30-95]

C.	The Secretary may also require that the owner or 
operator modify permit conditions or modify the facility, if:

1.	there have been changes that occurred after permit 
issuance which justify the application of permit conditions that 
are different from or absent in the existing permit;

2.	the Secretary has received information that was not 
available at the time of permit issuance and would have justified 
the application of different permit conditions at the time of 
issuance;

3.	the standards or regulations on which the permit 
was based have changed by statute, through promulgation of new or 
amended standards or regulations, or by judicial decision after 
the permit was issued;

4.	the Secretary determines good cause exists for 
modification such as an act of God, strike, flood, or materials 
shortage or other events over which the permittee has little or 
no control and for which there is no reasonably available remedy.

[1-30-92; 11-30-95]

D.	All modifications, whether initiated by the owner or 
operator or by the Secretary, shall be subject to 20 NMAC 1.4, 
Permit Procedures - Environment Department.  [1-30-92; 11-30-95]

211.	PERMIT TRANSFER.  Permits for the operation of a solid 
waste facility shall be transferable under the following 
conditions:  [5-14-89; 1-30-92]

A.	No later than 30 days prior to a change in the 
designation of the permittee or permit applicant, the sale of a 
partner's interest in a partnership, the transfer of title to the 
land, whether or not the permittee is the landowner, or change in 
the controlling interest of a partnership or corporation who is a 
permit holder or applicant, the permittee or applicant of record 
and the person now having the controlling interest shall file an 
application with the Secretary for transfer of the permit or 
permit application.  [5-14-89;  8-17-94]

B.	All financial responsibility, disclosure statement, 
public notice, and hearing requirements shall be met by the 
proposed transferee.  [1-30-92]

C.	Failure to initiate a transfer or failure to give 
complete information or the submission of false information in 
the application shall constitute grounds for denial of the 
transfer.  [8-17-94]

D.	Financial responsibility shall be maintained by the 
permit holder or applicant until the transferee establishes 
financial assurance.  [1-30-92; 8-17-94]

E.	An application for permit transfer may be denied if the 
Secretary finds that the applicant has:

1.	knowingly misrepresented a material fact in the 
transfer application;

2.	refused to disclose or failed to disclose the 
information required under the provisions of the Act;

3.	been convicted of a felony or other crime involving 
moral turpitude within ten years immediately preceding the date 
of the submission of the transfer application;

4.	been convicted of a felony within ten years 
immediately preceding the date of the submission of the transfer 
application, in any court for any crime defined by state or 
federal statutes as involving or being the restraint of trade, 
price fixing, bribery or fraud;

5.	exhibited a history of willful disregard for 
environmental laws of any state or the United States; or

6.	had any permit revoked or permanently suspended for 
cause under environmental laws of any state or the United States.

[5-14-89; 1-30-92; 8-17-94; 11-30-95]

212.	PERMIT ISSUANCE; PERIOD; EXPIRATION; REVIEW; RENEWAL; 
REVOCATION OR SUSPENSION.  [5-14-89; 1-30-92; 8-17-94]

A.	A permit issued for a publicly owned and publicly 
operated new or repermitted existing solid waste facility shall 
be for the active life of the facility as described in the 
approved permit or for twenty (20) years, whichever is less.  
[5-14-89; 1-30-92; 8-17-94]

B.	A permit issued for a publicly owned solid waste 
facility that is privately operated pursuant to a contract of no 
more than four years duration entered into in accordance with the 
state or local procurement code shall be for the active life of 
the facility as described in the approved permit or for twenty 
(20) years, whichever is less.  [8-17-94]

C.	A permit issued under subsections A and B of this 
Section shall be reviewed by the Secretary at least once every 
ten years.  [8-17-94]

D.	A permit issued for a privately owned new or 
repermitted existing solid waste facility shall be for ten years, 
or for the active life of the facility, whichever is less.  
[8-17-94]

E.	A permit issued for a publicly owned solid waste 
facility that is leased to a private person, or that is operated 
by a private person pursuant to a contract of more than four 
years duration, shall be for ten years, or for the active life of 
the facility, whichever is less.  [8-17-94]

F.	A permit issued under subsections D and E of this 
section shall be reviewed by the Secretary at least every five 
years.  [8-17-94]

G.	Interested parties may petition the Secretary for 
review of permits issued under subsections D and E in addition to 
the five year review. The Secretary shall determine whether there 
is good cause for such an additional review.  [8-17-94]

H.	The terms and conditions of the permit or modification 
shall be specifically identified by the Department.  [1-30-92]

I.	Any terms or conditions of the permit shall be 
enforceable to the same extent as a regulation of the Board.  
[5-14-89]

J.	The Secretary shall issue a permit if the applicant 
demonstrates that the other requirements of this Part are met and 
the solid waste facility application demonstrates that neither a 
hazard to public health, welfare or the environment nor undue 
risk to property will result.  [8-17-94; 11-30-95]

K.	The existence of a permit issued under this Part shall 
not constitute a defense to a violation of this Part.  [8-17-94; 
11-30-95]

L.	The Secretary, within one-hundred-eighty (180) days 
after the application is deemed complete, and after a public 
hearing, shall issue a permit, issue a permit with terms and 
conditions, or deny a permit application.  The Secretary may deny 
a permit application on the basis of information in the 
application or evidence presented at the hearing, or both, if she 
or he makes a finding that granting the permit would be in 
violation of this Part.  She or he shall also deny a permit 
application if the applicant fails to meet the financial 
responsibility requirements.  [1-30-92; 8-17-94; 11-30-95]

M.	The Secretary may deny any permit application or revoke 
any permit if she or he has reasonable cause to believe that any 
person required to be listed on the application has:

1.	knowingly misrepresented a material fact in 
application for a permit;

2.	refused to disclose or failed to disclose the 
information required under the provisions of the Act;

3.	been convicted of a felony or other crime involving 
moral turpitude within ten years immediately preceding the date 
of the submission of the permit application;

4.	been convicted of a felony within ten years 
immediately preceding the date of submission of the permit 
application, in any court for any crime defined by the state or 
federal statues as involving or being restraint of trade, price-
fixing, bribery, or fraud;
5.	exhibited a history of willful disregard for the 
environmental laws of any state or the United States; or

6.	had any permit revoked or permanently suspended for 
cause under the environmental laws of any state or the United 
States.

5-14-89; 1-30-92; 8-17-94; 11-30-95]

N.	If any applicant whose permit is being considered for 
denial or revocation on any basis provided in this section has 
submitted an affirmative action plan that has been approved in 
writing by the Secretary and plan approval includes a period of 
operation under a conditional permit and that will allow the 
applicant a reasonable opportunity to affirmatively demonstrate 
his rehabilitation, the Secretary may issue a conditional permit 
for a reasonable period of time of operation.  In approving an 
affirmative action plan intended to affirmatively demonstrate 
rehabilitation, the Secretary may consider the following factors:

1.	implementation by the applicant of formal policies; 

2.	training programs and management control to 
minimize and prevent the occurrence of future violations;

3.	installation by the applicant of internal 
environmental auditing programs;

4.	the discharge of individuals convicted of any 
crimes set forth in Subsection M of this section; and 

5.	such other factors as the Secretary may deem 
relevant.

[1-30-92; 8-17-94]

O.	Within 60 days of receipt of request for additional 
information to any permit, the owner or operator shall submit 
information requested by the Secretary, or the Secretary may deny 
any permit application or revoke any permit without prejudice.  
[1-30-92]

P.	The following are causes for denying a permit 
application or revoking a permit during its term:

1.	noncompliance by the permittee with any condition 
of the permit or this Part;

2.	the permittee's failure in the application or 
during the permit issuance process to disclose fully all relevant 
facts, or the permittee's misrepresentation of any relevant facts 
at any time;

3.	a determination that the permitted activity 
endangers public health, welfare or the environment;

4.	the applicant's failure to demonstrate a knowledge 
and ability to operate a facility in accordance with this Part or 
a history of non-compliance with environmental regulations or 
statutes at other facilities;

5.	modification of a facility without the approval of 
the Secretary, or failure to obtain the approval for transfer of 
the permit in accordance with Section 211.

[1-30-92; 11-30-95]

Q.	A permit review shall address:

1.	the operation;

2.	compliance history;

3.	environmental monitoring results, releases, and any 
remediation;

4.	changes in information from the disclosure forms;

5.	any other technical requirements requested by the 
Secretary;

6.	financial assurance; and

7.	any convictions regarding any other state or 
federal environmental laws since issuance of the permit.

[8-17-94]

R.	At the time of review a public notice shall be 
distributed as in accordance with NMSA 1978, Section 74-9-22 of 
the Solid Waste Act.  [8-17-94]

S.	If the Secretary determines there is significant public 
interest, a non-adjudicatory hearing shall be held as part of the 
review.  [8-17-94]

T.	For purposes of permit renewal a timely application is 
one that is initially submitted 12 months prior to the expiration 
date.  A permit renewal application shall address:

1.	the operation;

2.	compliance history;

3.	environmental monitoring results, releases, and any 
remediation;

4.	changes in information from the disclosure forms;

5.	any other technical requirements requested by the 
Secretary;

6.	financial assurance;

7.	any convictions regarding any other state or 
federal environmental laws since issuance of the permit; and

8.	compliance demonstrations under Section 302.B.

[8-17-94]

U.	At the time of application for renewal a public notice 
shall be distributed as in accordance with NMSA 1978, Section 
74-9-22 of the Solid Waste Act.  [8-17-94; 11-30-95]

V.	An adjudicatory hearing shall be held as part of the 
renewal procedure.    [8-17-94]

W. An applicant for permit renewal may continue to operate 
until the renewal application permit is issued or denied provided 
that:

1.	the applicant is in compliance with the existing 
permit, this Part, including Section 302.B and any federal 
regulations which apply;

2.	the permit renewal application was submitted in a 
timely fashion in accordance with this section; and

3.	the applicant adequately submits any requested 
additional information by the deadline(s) specified by the 
Secretary.

[8-17-94; 11-30-95]

X.	The permit shall automatically expire:

1.	upon final closure of the facility; or

2.	upon suspension of operation for more than one 
year;

[1-30-92; 8-17-94]

Y.	A permit may be revoked or suspended for violation of 
any applicable provision of this Part in accordance with the 
procedures set forth in 20 NMAC 1.5, Adjudicatory Procedures - 
Environment Department.  Construction, modification and interim 
operation, if any, shall cease upon the effective date of the 
revocation or suspension.  [1-30-92; 8-17-94; 11-30-95]

Z.	No permit for the operation of a solid waste facility 
shall be valid until the permit, or a notice of a permit, and a 
legal description of the property on which the facility is 
located are filed and recorded in the office of the county clerk 
in each county in which the facility is located.  [1-30-92]

213.	REGISTRATION OF OPERATIONS WHICH ARE NOT DEFINED AS SOLID 
WASTE FACILITIES.  [8-17-94]

A.	The owner or operator of a facility that meets any 
exemption under Section 105.BX and that serves the general public 
shall register with the Department.

1.	the owner or operator of a small transfer station 
shall:

a.	for a new operation, register prior to any 
construction or operations;

b.	for existing operations register by January 31, 
1995; and

c.	registration shall not be required for 
individual storage containers that either serve a commercial or 
industrial establishment, an apartment complex, a hospital or 
those set up as up as part of a regular collection program.

2.	owners or operators of facilities that collect, 
transfer, or process source separated household or commercial 
solid waste for recycling and have a design capacity of less than 
25 tpd shall register with the Department according to the 
following schedule:

a.	for new recycling facilities register prior to 
any site development or operations; or

b.	for existing recycling facilities register by 
January 31, 1995.

[8-17-94]

B.	Any owner or operator who seeks to register with the 
Department shall provide the following information:

1.	the name, address, phone number of the applicant 
and contact person;

2.	the anticipated start up date and hours of 
operation;

3.	legal description and map of the proposed facility 
site, including land use and zoning of the surrounding area;

4.	means of controlling and mitigating odors;

5.	when applicable, listing and description of the 
number, type and size of equipment to be used at the facility for 
processing, recovering, recycling, transforming or disposing of 
solid waste;

6.	narrative description of the operating plan for the 
proposed facility, including but not limited to, the origin, 
expected composition and weight or volume of solid waste or 
recyclable materials that is proposed to be received at the 
facility, the process, the loading rate, the proposed capacity of 
the facility and the expected life of the facility; and

7.	a plan for an alternative waste handling or 
disposal system during periods when the proposed facility is not 
in operation, including procedures to be followed in case of 
equipment breakdown.  Procedures may include the use of standby 
equipment, extension of operating hours and contractual 
agreements for diversion of waste to other facilities.

[8-17-94]

214.	REGISTRATION OF COMMERCIAL HAULERS.  [8-17-94]

A.	Commercial haulers of solid waste shall register with 
the Department by December 31, 1994, or 30 days prior to 
operations, and shall submit the following information:

1.	the name, address, phone number of the applicant 
and contact person;

2.	the anticipated start up date, hours of operation, 
and days of collection;
3.	a list of types of storage containers required for 
residences, commercial, institutional and industrial 
establishments to be served;

4.	location of vehicle maintenance yard;

5.	certification of proper licensing for both the 
drivers and vehicles;

6.	means of controlling and mitigating odors;

7.	the transport distance from the nearest and 
farthest points of collection to the solid waste facility;

8.	any transport transfer requirements;

9.	location of transfer station(s) to be used, if any;

10. the name and location of each and any solid waste 
facility to be used; and 

11. an outline of proposed training for drivers and 
crew to be able to differentiate between hazardous waste, special 
waste and solid waste.

[8-17-94]

B.	All special waste haulers shall register with the 
Department on a form provided by the Department, submit a 
description of the exact locations of the collection, transfer, 
and permit number(s) of solid waste facilities used, submit a 
contingency plan to the Secretary, and carry a copy of the plan 
in each vehicle along with the appropriate clean-up kits.  
[8-17-94]

215. - 299.  [RESERVED.]


	SUBPART III
	MAXIMUM SIZE; SITING CRITERIA; DESIGN CRITERIA

300.	[RESERVED.]

301.	MAXIMUM SIZE.  The Secretary shall not issue a permit for 
any solid waste facility larger than five hundred acres.  
[1-30-92]

302.	SITING CRITERIA FOR MUNICIPAL OR SPECIAL WASTE LANDFILLS.  
[1-30-92; 8-17-94]

A.	No municipal or special waste landfill shall be located 
in the following areas:
1.	floodplains, within 500 feet of wetlands, or 200 
feet of a watercourse;

2.	where depth to seasonal high water table will be 
closer than 100 feet to the bottom of the fill;

3.	where subsurface mines registered with the New 
Mexico Department of Energy, Minerals and Natural Resources as 
listed on the Mines, Mills and Quarries Map are considered to be 
a problem;

4.	within 200 feet of a fault  that has had a 
displacement within Holocene time (i.e., the past 11,000 years), 
unless the owner or operator demonstrates to the Secretary that 
an alternative setback of less than 200 feet will prevent damage 
to the structural integrity of the facility and will be 
protective of public health, welfare and the environment; 

5.	within historically or archaeologically significant 
sites, unless in compliance with the Cultural Properties Act, 
NMSA 1978, Sections 18-6-1 to 18-6-23 and the Prehistoric and 
Historic Sites Preservation Act, NMSA 1978, Sections 18-8-1 to 
18-8-8;

6.	within 1,000 feet of a public water supply well or 
private well that pumps 100 gallons per minute or more;

7.	within 350 feet of a public water supply well or 
private well that pumps less than 100 gallons per minute; 

8.	within the distance to airports set by the Federal 
Aviation Administration requirements;

9.	within at least 50 feet from the property 
boundaries and at least 500 feet from the nearest permanent 
residence, school, hospital, institution or church in existence 
at the time of initial application;

10. in an active alluvial fan, i.e., those being 
currently aggraded by either permanent or intermittent streams;

11. within areas that will result in the destruction or 
adverse modification of the critical habitat of endangered or 
threatened species as identified in either 50 CFR Part 17 or the 
latest version of the Handbook of Species Endangered in New 
Mexico; 
12. within seismic impact zones, unless the owner or 
operator demonstrates that all containment structures, including 
liners, leachate collection systems, and surface water control 
systems, are designed to resist the maximum horizontal 
acceleration in lithified earth material for the site; or

13. within an unstable area unless the owner or 
operator demonstrates that engineering measures have been 
incorporated into the municipal or special waste landfill design 
to ensure that the integrity of the structural components of the 
municipal or special waste landfill will not be disrupted.

[1-30-92; 8-17-94; 11-30-95]

B.	Existing landfills that cannot make the demonstration 
specified in 302.A.1 pertaining to floodplains or 302.A.8 
pertaining to airports, or 302.A.13, pertaining to unstable 
areas, shall close by October 9, 1996 in accordance with the 
closure and post-closure provisions in Subpart V.

1.	the deadline for closure required by paragraph (B) 
of this section may be extended up to two years if the owner or 
operator demonstrates to the Secretary that:

a.	there is no available alternative disposal 
capacity; and

b.	there is no immediate threat to public health, 
welfare and the environment.

[1-30-92; 8-17-94]

C.	The provisions of Subsection 302.A.1 pertaining to 
watercourses and Subsection 302.A (2, 3, 5, 6, 7, 9, 10, 11) 
shall not apply to any existing landfill until the time the 
Secretary requests a permit application.  [8-17-94]

303.	SITING CRITERIA FOR CONSTRUCTION AND DEMOLITION LANDFILLS. 
 [8-17-94]

A.	No construction or demolition landfill shall be located 
in the following areas:

1.	in floodplains, within 500 feet of wetlands, or 200 
feet of a watercourse;

2.	where depth to seasonal high water table will be 
closer than 50 feet to the bottom of the fill;

3.	within historically or archaeologically significant 
sites, unless in compliance with the Cultural Properties Act, 
NMSA 1978, Sections 18-6-1 to 18-6-23, and the Prehistoric and 
Historic Sites Preservation Act, NMSA 1978, Sections 18-8-1 to 
18-8-8;

4.	within the distance set by FAA requirements;

5.	within 1,000 feet of a public water supply well or 
private well that pumps 100 gallons a minute or more;

6.	within 350 feet of a public water supply well or 
private well that pumps less than 100 gallons per minute; or

7.	within areas that will result in the destruction or 
adverse modification of the critical habitat of endangered or 
threatened species as identified in either 50 CFR Part 17 or the 
latest version of the Handbook of Species Endangered in New 
Mexico.

[8-17-94; 11-30-95]

304.	SITING CRITERIA FOR COMPOSTING FACILITIES.  [1-30-92]

A.	No composting facility shall be located in the 
following areas:

1. 	floodplains, within 500 feet of wetlands, or 200 
feet of a watercourse; or

2.	within 500 feet of any permanent residence, school, 
hospital, institution or church in existence at the time the 
permit application for the composting facility is filed.

[1-30-92]

305.	SITING CRITERIA FOR TRANSFORMATION FACILITIES.  [1-30-92]

A.	No transformation facility shall be located in the 
following areas:

1.	a floodplain, or within 500 feet of wetlands or 200 
feet of a watercourse;

2.	where subsurface mines registered with the New 
Mexico Department of Energy, Minerals and Natural Resources as 
listed on the Mines, Mills and Quarries Map are considered to be 
a problem;

3.	within historically or archaeologically significant 
sites, unless in compliance with the Cultural Properties Act, 
NMSA 1978, Sections 18-6-1 to 18-6-23 and the Prehistoric and 
Historic Sites Preservation Act, NMSA 1978, Sections 18-8-1 to 
18-8-8;

4.	within at least 150 feet from the facility property 
boundaries; and

5.	within an unstable area unless the owner or 
operator demonstrates that engineering measures have been 
incorporated into the facility design to ensure that the 
integrity of the structural components of the unit will not be 
disrupted.

[8-17-94; 11-30-95]

B.	No infectious waste incinerators having a throughput 
capacity of less than 1,000 pounds per hour and no other 
transformation facility of equivalent size shall be located 
within one mile of any residence, institution, school, church, 
hospital or other transformation facility in existence at the 
time the permit application is filed.  [1-30-92]

C.	No infectious waste incinerators having a throughput 
capacity of 1,000 pounds per hour or greater and no other 
transformation facilities shall be located within three miles of 
any residence, institution, school, church, hospital or other 
transformation facility in existence at the time the permit 
application is filed.  [1-30-92]

306.	DESIGN CRITERIA FOR MUNICIPAL OR SPECIAL WASTE LANDFILLS.  
[8-17-94]

A.	All new municipal or special waste landfills and 
lateral expansions to existing landfills shall provide a 
protective layer beneath the solid waste which is constructed:

1.	with a composite liner consisting of two 
components;

a.	the upper component shall consist of a minimum 
30-mil flexible or a 60-mil high density polyethylene (HDPE) 
geomembrane liner. The geomembrane component shall be installed 
in direct and uniform contact with the compacted soil component;

b.	the lower component shall consist of a minimum 
24-inch thick layer of compacted soil having a saturated 
hydraulic conductivity of no more than 1x10-7 centimeters per 
second throughout its thickness.  The soil must be free of 
particles greater than one inch in any dimension; or

2.	in accordance with a design approved by the 
Secretary, upon EPA approval of the state program in the Federal 
Register, which provides equivalent protection as the composite 
liner defined in A.1 above and ensures concentration values 
listed in Section 1110 will not be exceeded in the uppermost 
aquifer at the relevant point of compliance which shall be at the 
waste management unit boundary. The Secretary may approve an 
alternate relevant point of compliance, upon EPA approval of the 
state program in the Federal Register, and shall be located no 
more than 150 meters from the waste management unit boundary on 
land owned by the owner of the landfill.
a.	when approving a design under this section, the 
Secretary shall consider the following factors:

(1)	the hydrogeologic characteristics of the 
landfill and surrounding land;

(2)	the climatic factors of the area; and

(3)	the volume and physical and chemical 
characteristics of the leachate.

b.	in approving the relevant point of compliance 
under this section, the Secretary shall consider the following 
factors:

(1)	the hydrogeologic characteristics of the 
facility and surrounding land;

(2)	the volume and physical and chemical 
characteristics of the leachate;

(3)	the quantity, quality, and direction of 
flow of the ground water;

(4)	the proximity and withdrawal rate of the 
ground water users;

(5)	the availability of alternative drinking 
water supplies;

(6)	the existing quality of the ground water, 
including other sources of contamination and their cumulative 
impacts on the ground water, and whether the ground water is 
currently used or reasonably expected to be used for drinking 
water;

(7)	public health, safety, and welfare 
effects; and

(8)	the practicable capability of the owner or 
operator.

3.	with a leachate collection system that meets the 
requirements in Section 308.

[8-17-94]

B.	The design and construction of all liners shall conform 
to the following criteria:

1.	general requirements:

a.	all liners must be able to withstand the 
projected loading stresses and disturbances from overlying waste, 
waste cover materials, and equipment operation;

b.	all liners shall incorporate a leachate 
collection system; and

c.	all liners must be constructed with a minimum 
two percent slope to promote positive drainage and facilitate 
leachate collection; 

2.	requirements for geosynthetic components:

a.	geosynthetic components of a liner system must 
be compatible with the waste to be contained. They must be able 
to resist chemical attack from the waste or leachate. This shall 
be demonstrated by means of manufacturer's test reports, 
laboratory analyses or other means approved by the Department;

b.	any geosynthetic materials installed on slopes 
greater than 25 percent must be designed to withstand the 
calculated tensile forces acting upon the geosynthetic materials. 
The design must consider the maximum friction angle of the 
geosynthetic with regard to any soil-geosynthetic or 
geosynthetic-geosynthetic interface and must ensure that overall 
slope stability is maintained; and 

c.	field seams in geosynthetic material shall be 
oriented parallel to the line of maximum slope, i.e., oriented 
along, not across the slope.  The number of field seams in 
corners and irregular shaped areas shall be minimized. There 
shall be no horizontal seam within five feet of the toe of the 
slope.

3.	requirements for the soil component of all liners:

a.	the bottom geosynthetic layer, shall be placed 
on a prepared subgrade consisting, at a minimum, of a 6-inch 
layer of in-situ soil or select fill compacted to 90% Standard 
Proctor Density;

b.	the surface of the soil upon which a 
geosynthetic will be installed must be free of stones greater 
than 1/2-inch in any dimension, organic matter, local 
irregularities, protrusions, loose soil, and any abrupt changes 
in grade that could damage the geosynthetic; and 

c.	the soil component of the composite liner 
defined in A.1 above shall be compacted to a minimum of 90% 
Standard Proctor Density and have the following physical 
characteristics unless otherwise approved by the Secretary:

(1)	Plasticity Index greater than 10%;

(2)	Liquid Limit between 25% and 50%;

(3)	portion of material passing the No. 200 
sieve (0.074 mm and less fraction) greater than 40% (by weight); 
and

(4)	clay content greater than 18% (by weight).

4.	all liners shall have a protective cover of at 
least two feet of granular soil. This protective cover shall, in 
addition to providing physical protection for the liner, 
facilitate the collection of leachate in the leachate collection 
system. Soil materials used to construct this layer must be 
designed to ensure the hydraulic leachate head on the liner never 
exceeds one foot.  The soil material shall be free of any organic 
matter and have the following physical characteristics unless 
otherwise approved by the Secretary:

a.	portion of material passing  the No. 200 sieve 
(0.074 mm and less fraction) no greater than 5%  by weight; and

b.	Uniformity Coefficient (Cu) less than 6 where 
Cu is defined as D60/D10.

[8-17-94]

307.	TESTING AND QUALITY CONTROL FOR LINERS.  [8-17-94]

A.	All testing of geosynthetic and soil materials shall be 
performed in accordance with  applicable ASTM standards.  
[8-17-94]

B.	The construction and installation of all liners shall 
be done in accordance with a quality control plan which has been 
approved by the Department. All testing and evaluation of liners 
shall be complete prior to the placement of the protective cover. 
All field testing shall be the responsibility of an individual 
experienced in liner installation and soils engineering. The 
quality control plan shall:

1.	define the procedures required for testing and 
reporting the test results for the installation of the liner; and

2.	describe and illustrate to operating personnel all 
necessary procedures for maintaining the integrity of the liner 
and leachate collection systems; and
3.	for the soil component all composite liners as 
defined in Section 306.A.1, prescribe the minimum frequency of 
testing according to the following table unless otherwise 
approved by the Secretary:

	LINER SOIL MATERIAL TEST FREQUENCY

Item					Test					Frequency
-clay borrow source
    testing			grain size			1/1,000 cy
Atterberg Limits		1/5,000 cy
moisture-density
   curve				1/5,000 cy
lab permeability		1/5,000 cy
-soil liner testing
   during construction	density/moisture
   content (nuclear)
	4/acre/lift
lab permeability		1/ 2 acre
   (recompacted)
total thickness		1/acre
   (by survey)			(on grid)

4.	for the protective cover when used to facilitate 
leachate drainage, prescribe the minimum frequency of testing 
according to the following table unless otherwise approved by the 
Secretary:


	GRANULAR DRAINAGE LAYER MATERIAL TEST FREQUENCY

Item					Test				Frequency
 	-granular drainage            
   layer testing		grain size 		1/1,500 cy
total thickness	5/acre

5.	for the geomembrane component of all composite 
liners as defined in Section 306.A.1, all testing, both shop and 
field, shall be as recommended by the manufacturer.  The minimum 
frequency of taking seam samples for destructive testing shall be 
one per 500 feet of seam length, with a portion of each test 
sample tested in the field and another in the laboratory. Seam 
samples shall be tested for peel adhesion and bonded seam 
strength. Non-destructive testing shall be performed for all 
seams, seam repairs, and liner repairs.

[8-17-94]

308.	LEACHATE COLLECTION SYSTEMS FOR LANDFILLS.  [8-17-94]

A.	All liners and protective layers shall include a 
leachate collection system, which shall incorporate a piping 
collection network comprised of perforated pipe having a minimum 
diameter of 4 inches and a minimum wall thickness of schedule 80 
and shall be designed and constructed to:

1.	maintain less than a one-foot depth of leachate on 
the liner;

2.	maintain a minimum of two percent slope throughout 
the system;

3.	withstand chemical attack from waste or leachate; 
and

4.	withstand the loads, stresses, and disturbances 
from overlying waste, waste cover materials, and equipment 
operation.

[8-17-94]

B.	Any geosynthetic materials such as geonets and 
geotextiles, if used as components of the leachate collection 
system, must have a hydraulic conductivity, transmissivity and 
chemical and physical qualities that will not be adversely 
affected by waste placement, equipment, operation,  or leachate 
generation. These geosynthetics, if used and operating in 
conjunction with the soil protective cover for the liner as 
described in Section 306.B.4, must have a hydraulic conductivity 
and transmissivity designed to ensure the hydraulic head on the 
liner never exceeds one foot.  [8-17-94]

C.	A written leachate management plan shall be submitted 
for approval by the Secretary. The plan shall describe 
anticipated amounts of leachate, duration of generation and final 
disposal options of the leachate and shall include:

1.	a description of the means of analysis; and

2.	a description of the type of treatment and proposed 
disposal method.

[8-17-94]

309.	LANDFILL  GAS CONTROL SYSTEMS.  [8-17-94]

A.	Owners and operators of landfills who are required by 
the Secretary to install a landfill gas control system in order 
to conform with the requirements of Section 402.B of this Part 
shall submit a plan for approval by the Secretary which shall 
include the following:

1.	the design of the system, indicating the location 
and  design of vents, barriers, collection piping and manifolds 
and other control measures that will be  installed;

2.	if gas recovery is proposed, the design of the 
proposed gas recovery system and the major on-site components of 
the system including storage, transportation, processing, 
treatment or disposal measures required in the management of the 
generated gases, condensates or other residues;

3.	if gas processing  is proposed, it shall be  
designed:

a.	in a manner that does not interfere or conflict 
with the activities on the site or required control measures;

b.	without creating or causing danger to persons 
or property; and

4.	if gas disposal is proposed, it shall be designed:

a.	in a manner that does not interfere or conflict 
with the activities on the site or required control measures;

b.	without creating or causing danger to persons 
or property;

c.	with active forced ventilation, using vents 
located at least one foot above the landfill surface at the 
location of each gas vent;

5.	physical and chemical characterization of 
condensates or the residues which are generated and the plan for 
their disposal.

[8-17-94; 11-30-95]

310. - 399.  [RESERVED.]


	SUBPART IV
	SOLID WASTE FACILITY OPERATION REQUIREMENTS

400.	[RESERVED.]

401.	GENERAL OPERATION REQUIREMENTS FOR ALL SOLID WASTE 
FACILITIES.  [1-30-92]

A.	All solid waste facilities shall operate in accordance 
with the requirements listed in this section.  [1-30-92; 9-17-94]

B.	All solid waste facility owners and operators shall:

1.	locate and operate the facility in a manner that 
does not cause a public nuisance or create a potential hazard to 
public health, welfare or the environment;

2.	post signs to indicate the location of the site, 
the hours of operation, emergency telephone numbers, to provide 
disposal instructions, and to state that fires and scavenging are 
prohibited;

3.	have a certified operator or representative present 
at all times while the facility is operational;

4.	implement a plan approved by the Secretary to 
inspect loads to detect and prevent the disposal of regulated 
hazardous and unauthorized waste including hazardous waste and 
PCB's, including:

a.	inspection frequency;

b.	inspection personnel;

c.	an inspection area located away from the 
tipping area; and

d.	a training program for the facility employees 
in the identification of unauthorized waste including hazardous 
waste and PCB's.

5.	maintain a written record(s) of all inspection(s), 
signed by the inspector and the commercial hauler, containing at 
least the following information:

a.	date and time of inspection;

b.	name of transportation company and driver;

c.	truck license and truck description;

d.	source of the waste; and

e.	any pertinent observations made during the 
inspection.

6.	upon discovery of the receipt of unauthorized 
waste:

a.	notify the Department, the hauler, and the 
generator within 24 hours;

b.	restrict the area from public access and from 
facility personnel; and

c.	assure proper cleanup, transport and disposal 
of the waste.

[1-30-92; 8-17-94]

C.	The Secretary may authorize temporary changes in 
operation or facility design in emergency situations when the 
Secretary determines there is an imminent danger to public 
health, welfare or the environment.  [1-30-92; 8-17-94]

402.	ADDITIONAL MUNICIPAL OR SPECIAL WASTE LANDFILL OPERATION 
REQUIREMENTS.  All municipal or special waste landfill owners and 
operators that receive solid waste of any quantity shall also:  
[1-30-92; 8-17-94]

A.	Utilize the principles of sanitary engineering to 
confine the working face to the smallest practical area and to 
compact the solid waste to the smallest practical volume.  
[1-30-92; 8-17-94]

B.	 Prevent the generation and lateral migration of 
methane gas such that:

1.	the concentration of methane generated by the 
facility does not exceed twenty-five percent (25%) of the lower 
explosive limit for the gases in facility structures (excluding 
gas control or recovery system components); and

2.	the concentrations of methane gas do not exceed the 
lower explosive limit for the gases at the facility property 
boundary.

[1-30-92; 8-17-94]

C.	Implement a routine methane monitoring program to 
ensure that the levels in 402.B.1 and 402.B.2 are met.

1.	the type and frequency of monitoring shall be 
determined based on the following conditions:

a.	soil conditions;

b.	the hydrogeologic conditions surrounding the 
facility;

c.	the hydraulic conditions surrounding the 
facility; and

d.	the location of facility structures and 
property lines;

2.	the minimum frequency of monitoring shall be 
quarterly; and

3.	if methane gas levels exceed the limits specified 
in Paragraphs B.1 or B.2 of this section, the owner or operator 
shall:

a.	immediately take all necessary steps to ensure 
protection of public health, welfare and the environment and 
notify the Secretary;

b.	within seven days of detection, record the 
methane gas levels detected and a description of the steps taken 
to protect public health, welfare and the environment; and

c.	within 60 days of detection, implement a 
remediation plan for the methane gas releases, and notify the 
Secretary that the plan has been implemented. The plan shall 
describe the nature and extent of the problem and proposed 
remedy.

[1-30-92; 8-17-94]

D.	Prevent unauthorized access by the public and entry by 
large animals to the active portion of the landfill through the 
use of fences, gates, locks, or other means that attain equal 
protection.  [1-30-92; 8-17-94]

E.	Control run-on water onto the site and run-off water 
from the site, such that:

1.	the run-on control system shall prevent flow onto 
the active portion of the landfill during the peak discharge from 
a 25-year storm;

2.	the run-off control system from the active portion 
of the landfill collects and controls at least the water volume 
resulting from a 24-hour, 25-year storm; and

3.	run-off from the active portion of the landfill 
shall not be allowed to discharge any pollutant to the waters of 
the State or U.S. that violates any requirements of the New 
Mexico Water Quality Act, Commission regulations and standards or 
the Federal Clean Water Act.

[8-17-94]

F.	Prohibit scavenging.  [1-30-92]

G.	Provide adequate means to prevent and extinguish fires. 
 [1-30-92]

H.	Direct the deposit of hot waste at a specific location 
at the facility which is remote from the operating area.  The hot 
waste shall be immediately spread out for cooling and 
extinguished if on fire.  The hot waste shall not be mixed with 
the regular solid waste stream until it reaches a temperature 
that will not provide combustion of any solid waste.  [1-30-92; 
8-17-94]

I.	Provide and maintain access roads at the facility site, 
such that traffic can enter and exit the site safely, flow 
smoothly, and will not be interrupted by inclement weather.  
[1-30-92; 8-17-94]

J.	Provide sufficient unloading areas to meet demands of 
peak periods.  [1-30-92; 8-17-94]

K.	Collect and treat leachate by a method approved by the 
Secretary. Maintain records on a quarterly basis of leachate 
generation and treatment.  [1-30-92; 8-17-94]

L.	Control litter, disease vectors, and odors.  [1-30-92; 
8-17-94]

M.	Not excavate a closed cell except as approved by the 
Secretary.  [1-30-92]

N.	Cover the active face with a six-inch layer of earth or 
approved alternate daily cover at the conclusion of each day's 
operation or more often as conditions may dictate. The Secretary 
may approve temporary waivers to the daily cover requirements for 
landfills of less than 20 tons per day.  [1-30-92; 8-17-94]

O.	Provide intermediate cover which shall be:

1.	one foot thick;

2.	placed on all areas of a landfill that will not 
receive further waste for one month or greater, but have not 
reached final elevation;

3.	stabilized with vegetation on any areas that will 
be inactive for more than two years; and

4.	inspected and maintained to prevent erosion and 
infiltration.

[1-30-92; 8-17-94]

P.	If recycling operations are conducted:

1.	perform them in a sanitary manner, confined to an 
area remote from the operating area of the landfill, and in a 
manner which does not interfere with or delay the operation of 
the landfill; and does not create a nuisance, vector harborage, 
or public health hazard; and 

2.	remove all recyclable materials recovered from the 
landfill in a timely manner such that the area does not become a 
permanent storage area.

[8-17-94]

403.	ADDITIONAL CONSTRUCTION AND DEMOLITION LANDFILL OPERATION 
REQUIREMENTS.  All construction and demolition landfill owners 
and operators shall:  [8-17-94]

A.	minimize the on-site population of disease vectors 
through the periodic application of cover material or other 
techniques as appropriate so as to protect public health, welfare 
and the environment;  [8-17-94]

B.	apply periodic cover material by the application and 
compaction of soil or other suitable material over disposed 
construction and demolition debris at the end of each operating 
day or at such frequencies and in such a manner as to reduce the 
risk of fire and impede vector's access to the waste;  [8-17-94]

C.	ensure the concentration of explosive gases generated 
by the facility or practice shall not exceed: 

1.	twenty-five percent (25%) of the lower explosive 
limit for the gases in facility structures (excluding gas control 
or recovery system components); and 

2.	the lower explosive limit for gases at the property 
boundary;

[8-17-94]

D.	limit public access so as to not expose the public to 
potential health and safety hazards at the facility; and  
[8-17-94; 11-30-95]

E.	not violate applicable requirements developed under the 
New Mexico State Air Quality Implementation Plan.  [8-17-94]

404.	ADDITIONAL TRANSFER STATION OPERATIONAL REQUIREMENTS.  
[1-30-92]

A.	Special wastes may be accepted only at transfer 
stations permitted to accept these wastes.  [1-30-92]

B.	Containers used shall be leak-proof and manufactured of 
non bio-degradable material.  [1-30-92]

C.	The owner or operator shall provide adequate means to 
prevent and extinguish fires.  [1-30-92]

D.	If recycling operations are conducted, they shall be 
done in a sanitary manner, confined to an area remote from the 
tipping area of a transfer station and in a manner which does not 
interfere with, or delay operations. Recyclable materials shall 
be stored in a manner so as not to create a nuisance, harbor 
vectors, or create a public health hazard and shall be removed in 
a timely manner.  [1-30-92; 8-17-94]

E.	There shall be sufficient unloading areas to meet 
demands of peak periods.  [1-30-92]

F.	For transfer stations that handle less than 250 cubic 
yards of solid waste per day:

1.	unloading of solid waste shall be confined to as 
small an area as possible;

2.	all containers and/or trailers shall be emptied at 
least every other day, or at a rate approved by the Secretary; 
and 

3.	uncleaned transfer vehicles containing putrescible 
materials shall not be parked on public streets or roads except 
under emergency conditions.  Adequate off-street parking 
facilities for transfer vehicles shall be provided.

[1-30-92]

G.	For transfer stations that handle more than 250 cubic 
yards of solid waste per day, no solid waste shall be left at the 
station at the end of the operating day unless otherwise approved 
by the Department.  [1-30-92; 8-17-94]
H.	Each transfer station shall be cleaned daily of all 
loose materials and litter.  [1-30-92]

I.	If bulky wastes, such as brush, junk vehicles, 
appliances, and tires are accepted, separate storage areas shall 
be provided, and the bulky wastes shall be removed in a timely 
manner.  [1-30-92; 8-17-94]

405.	ADDITIONAL TRANSFORMATION FACILITY OPERATION REQUIREMENTS. 
 The following operational requirements apply to transformation 
facilities:  [1-30-92]

A.	A transformation facility owner or operator shall:

1.	control dust in the unloading and charging areas in 
such a manner as to prevent explosions and fugitive dust 
emissions;

2.	maintain appropriate fire-fighting equipment in the 
charging and storage areas and elsewhere as needed;

3.	if recycling, conduct those operations in a 
sanitary manner, which does not interfere with or delay the 
operations; and remove all recyclable materials recovered, or 
store them so as not to create a nuisance, vector harborage, or 
public health hazard;

4.	provide sufficient unloading areas to meet demands 
of peak periods;

5.	provide sufficient training for all new employees 
so that equipment may be operated according to design 
specifications, and conduct review training annually; 

6.	key operational procedures shall be prominently 
posted;

7.	storage of special wastes generated by the 
transformation facility shall be in covered buildings, in covered 
leak-proof containers, or in tanks, which shall be labeled with a 
description of the contents;

8.	audible signals shall be provided to alert 
operating personnel of critical operating unit malfunctions;

9.	sampling points of each process stream that do not 
interfere with normal facility operation shall be provided; and

10. if a facility is permitted by the Secretary to 
handle special wastes, separate areas shall be provided for 
storage while the special wastes await processing or transport.

[1-30-92; 8-17-94]

B.	The owner or operator shall establish an ash testing 
program prior to start-up of the transformation facility. 
Representative samples of both fly ash and bottom ash shall be 
tested in accordance with Section 704 of this Part.  Test 
methods, the number of tests, detection limits, and parameters to 
be tested shall be approved by the Secretary. Frequency of 
testing shall be one sample per month taken within 5 days of the 
beginning of the month.  [1-30-92; 8-17-94]

C.	All products remaining after transformation shall be 
disposed of in a landfill permitted to accept these wastes.  
[1-30-92]

406.	ADDITIONAL RECYCLING AND PROCESSING FACILITY OPERATION 
REQUIREMENTS.  The following operational requirements apply to 
processing facilities:  [1-30-92]

A.	Key operational procedures shall be prominently posted. 
 [1-30-92]

B.	Storage of special wastes generated by the processing 
facility shall be in covered buildings, in covered leak-proof 
containers, or in tanks, which shall be labeled with a 
description of the contents.  [1-30-92; 8-17-94]

C.	Audible signals shall be provided to alert operating 
personnel of critical operating unit malfunctions.  [1-30-92]

D.	Sampling points of each process stream that do not 
interfere with normal facility operation shall be provided.  
[1-30-92; 8-17-94]

E.	If a facility is permitted by the Secretary to handle 
special wastes, separate areas shall be provided for storage 
while the special wastes await processing or transport.  
[1-30-92; 8-17-94]

F.	Storage areas for special wastes shall be clearly 
marked.  [1-30-92]

G.	Storage of residues shall be by means that prevent the 
material or containers from falling, leaking, or blowing and that 
prevent exposure of the waste to the weather.  [1-30-92]

H.	All materials that are physically, chemically or 
biologically incompatible shall be stored in separate areas.  
[1-30-92]

I.	Storage capacity shall be provided for special waste 
by-products generated during initial start-up characterization 
period.  [1-30-92]

J.	The owner or operator shall provide for the wash-down 
or other cleanup of the facility.  Wastewaters shall be disposed 
of in accordance with all applicable state and federal 
regulations.  [1-30-92; 8-17-94]

K.	If materials have the potential of discharging any 
oils, polychlorinated biphenyls (PCB's), battery acid, battery 
alkalines or other liquids have the potential of being discharged 
or spilled, the containers shall be located in a restricted area 
identified by signs on a covered, substance-compatible, bermed 
containment pad.  [1-30-92; 8-17-94]

L.	A schedule and contacts for removal of stored wastes 
shall be kept and included in the operation and maintenance 
manual.  [1-30-92]

407.	ADDITIONAL COMPOSTING FACILITY OPERATION REQUIREMENTS.  The 
following operational requirements apply to composting 
facilities:  [1-30-92]

A.	Daily operational records shall be maintained for the 
facility, which include, the source of materials, additives, 
temperature data, and quantity of material processed.  [1-30-92; 
8-17-94]

B.	All waste piles of materials collected for the purpose 
of composting shall be processed within two years.  [1-30-92; 
8-17-94]

C.	All materials not destined for composting shall be 
disposed of properly.  [1-30-92; 8-17-94]

D.	The finished compost shall be sufficiently stable that 
it can be stored or applied to land without creating a nuisance, 
environmental threat, or a hazard to health.  [1-30-92; 8-17-94]

E.	If windrowed, construction and turning frequency shall 
be sufficient to maintain aerobic conditions that can be measured 
(for example, oxygen tension measured by an oxygen sensor) and to 
produce a compost product in the desired time frame.  [1-30-92; 
8-17-94]

F.	The finished compost shall not contain sharp objects. 
[1-30-92; 8-17-94]

G.	All facility owners and operators utilizing municipal 
sewage sludge, septage or sludge/MSW commingled solid waste shall 
meet the requirements of applicable New Mexico Water Quality 
Control Commission Regulations and 40 CFR Parts 257 and 503. 
Information required by the Commission Regulations and federal 
requirements shall be made part of the daily operational records. 
 [1-30-92; 8-17-94]

408.	ADDITIONAL HAULER OPERATION REQUIREMENTS.  [8-17-94]

A.	Any person who provides collection shall meet the 
following:

1.	solid waste shall be collected and transported so 
as to prevent environmental, safety, and public health or welfare 
hazards and nuisances;

2.	equipment shall be designed, constructed and 
operated so as to be leakproof;

3.	solid waste shall be covered or enclosed so as to 
prevent roadside littering during transportation;

4.	collection and transportation equipment shall be 
kept in a sanitary condition through the use of sufficient 
washings and cleanouts;

5.	no solid waste may be transported to a facility 
which does not meet the requirements of this Part;

6.	all solid waste spilled during collection 
operations shall be cleaned up immediately; and

7.	all collection vehicles shall be conspicuously 
labeled with the company, municipality, or county department 
name.

[8-17-94]

B.	The owner or operator of a hauling system shall notify 
the Department, in writing, of any major changes in collection or 
disposal facility being utilized.  [8-17-94]

C.	All infectious waste haulers shall comply with the 
following transportation requirements:

1.	infectious waste shall not be transported in the 
same vehicle with other waste unless the infectious waste is 
contained in a separate, fully enclosed leak-proof container 
within the vehicle compartment or unless all of the waste has 
been treated as infectious waste in accordance with Section 706;

2.	persons manually loading or unloading containers of 
infectious waste onto or from transport vehicles shall be 
provided by their employer with, and required to wear, protective 
gloves, shoes and eye wear, and clean coveralls.  Face shields 
and respirators may be required as deemed necessary by the 
Secretary;

3.	surfaces of transport vehicles that have contacted 
spilled or leaked infectious waste shall be decontaminated by 
procedures approved by the Secretary;

4.	vehicles transporting infectious waste shall be 
identified on each side of the vehicle with the name or trademark 
of the hauler and a biohazard symbol;

5.	each truck, trailer, semitrailer, or container used 
for shipping infectious waste shall be so designed and 
constructed, and its contents limited so that under conditions 
normally incident to transportation, there shall be no releases 
of infectious waste to the environment;

6.	any truck, trailer, semitrailer, or container used 
for shipping infectious waste shall be free from leaks, and all 
discharge openings shall be securely closed during 
transportation; 

7.	no person shall transport infectious waste into the 
state for treatment, storage, or disposal unless the waste is 
packaged, contained, labeled and transported in the manner 
required by this section; 

8.	all generator storage containers shall be labeled 
with the generator's name, the city, and date of collection; and

9.	storage of infectious waste by commercial haulers 
shall be limited to seven (7) days prior to disposal or treatment 
unless refrigerated at or below 45 degrees Fahrenheit.

[8-17-94]

D.	The Secretary may deny or revoke registration if the 
transporter violates any provisions of this Part.  [8-17-94]

E.	The owner or operator of a commercial hauling system 
shall make and maintain a continuous operating record. The 
operating record shall include:

1.	type and weight or volume of solid waste hauled;
2.	state, county, and municipality in which the solid 
waste originated; and 

3.	solid waste facilities utilized.

[8-17-94]

F.	Owners or operators shall submit an annual report to 
the Secretary within 45 days from the end of each calendar year 
describing the operations of the past year. The reports shall 
include the following information:

1.	the type and weight or volume of solid waste hauled 
in each month of the reported year from each state, county, and 
municipality in which the waste originated;

2.	the amount of waste by weight or volume taken to 
each facility along with the solid waste facility's permit 
number;

3.	the amount of waste by weight or volume exported in 
each month of the reported year and to which state; and

4.	any special operations or cleanups performed.

[8-17-94]

409. - 499.  [RESERVED.]


	SUBPART V:
	CLOSURE AND POST-CLOSURE REQUIREMENTS

500.	[RESERVED.]

501.	GENERAL REQUIREMENTS.  [8-17-94]

A.	Closure and post-closure care plans are required of all 
solid waste facilities and lateral expansions.  [8-17-94]

B.	The owner or operator of the solid waste facility shall 
prepare a written closure and post-closure care plan that 
describes the steps necessary for closure and post-closure care 
of the solid waste facility.  [8-17-94]

C.	Closure and post-closure plans are required at the time 
of application for a permit or modification and for non-permitted 
existing solid waste facilities at least 90 days prior to 
closure.  [8-17-94]

D.	The owner or operator of the solid waste facility shall 
notify the Secretary of the intent to close at least 90 days 
before closure occurs.  [8-17-94]

E.	Closure and post-closure care plans for new solid waste 
facilities and modifications to existing facilities shall be 
approved as part of the permit process.  [8-17-94]

F.	All closure and post-closure care plans shall be 
approved by the Secretary and may be subject to conditions.  
[8-17-94]

G.	Closure and post-closure care plans for non-permitted 
solid waste facilities that existed prior to the effective date 
of the Solid Waste Act (March 5, 1990) shall be approved by the 
Secretary with due consideration for the following:

1.	such plans are not subject to 20 NMAC 1.4, Permit 
Procedures - Environment Department; and

2.	after determining that the plan is complete, the 
Secretary shall provide public notice of the plan in a newspaper 
of general circulation in the county where the facility is 
located.  A non-adjudicatory hearing will be held if significant 
public interest warrants it.

[8-17-94; 11-30-95]

H.	Responses to the Secretary's requests for additional 
information concerning a proposed closure plan shall be made 
within 60 days of receipt of such a request.  [8-17-94]

I.	The active life of the facility terminates upon the 
Secretary's review and acceptance of closure of a facility.  
[8-17-94]

J.	Closure and post-closure inspection and maintenance 
shall not be required of the facility if the owner or operator 
demonstrates to the Secretary that all solid waste has been 
removed, requirements of the closure plan have been met, and 
following the removal of such wastes, a demonstration is made 
that the soil has not been contaminated.  [8-17-94]

K.	All landfills, except construction and demolition 
debris landfills, which close after October 9, 1991, shall comply 
with the final cover requirements contained in Section 502 in 
addition to other closure requirements in effect at the time of 
closure.  [8-17-94]

L.	The length of the post-closure care period may be 
decreased by the Secretary if the owner or operator demonstrates 
that the reduced period is sufficient to protect public health, 
welfare, and the environment, or it may be increased by the 
Secretary if the Secretary determines that a longer period is  
necessary to protect health, welfare, and the environment.  The 
time period for application of the provisions for Financial 
Assurance as defined in Subpart IX of this Part shall be 
coincident with the time period of the post-closure care period. 
 Any reduction or extension of the post-closure care period as 
described in this Section shall be accompanied by an identical 
reduction or extension of the Financial Assurance provisions.  
[8-17-94; 11-30-95]

502.	CLOSURE AND POST-CLOSURE REQUIREMENTS FOR MUNICIPAL OR 
SPECIAL WASTE LANDFILLS.  [1-30-92; 8-17-94]

A.	Owners and operators of municipal or special waste 
landfills shall comply with the following closure requirements 
which shall begin within 30 days after the landfill receives the 
known final receipt of waste:

1.	owners and operators shall install a final cover 
system which consists of the following:

a.	an infiltration layer comprised of a minimum of 
18 inches of earthen material having a saturated hydraulic 
conductivity less than or equal to the saturated hydraulic 
conductivity of any bottom liner system or natural subsoils 
present, or a saturated hydraulic conductivity no greater than 1 
x 10-5 cm/sec. whichever is less;

b.	an erosion layer consisting of a minimum of 6 
inches of earthen material that is capable of sustaining native 
plant growth;

c.	any necessary gas vents provided they are 
sealed to assure no water infiltration;

d. 	side slopes that shall not exceed a 25% grade 
(four feet horizontal to one foot vertical), such that the final 
cover of the top portion of a landfill shall have a gradient of 
2% to 5%, and that the slope shall be sufficient to prevent the 
ponding of water and erosion of the cover material.

2.	upon EPA approval of the State program in the 
Federal Register, the Secretary may approve an alternative final 
cover design that includes:

a.	an infiltration layer that achieves an 
equivalent reduction in infiltration as the infiltration layer as 
specified in Section 502.A.1.a; and
b.	an erosion layer that provides equivalent 
protection from wind and water erosion as the erosion layer 
specified in Section 502.A.1.b;

3.	the written closure plan, at a minimum shall 
include the following information:

a.	a description of the final cover, and the 
methods and procedures to be used to install the cover;

b.	an estimate of the largest area of the landfill 
ever requiring a final cover at any time during the active life;

c.	an estimate of the maximum volume of waste ever 
on-site during the active life of the landfill facility;

d.	a schedule for completing all activities 
necessary to satisfy the closure criteria; and

e.	a plan drawing showing the final contours and 
vegetation in relationship to the surrounding land, and a plan 
and a description of the vegetation proposed for permanent soil 
stabilization;

4.	prior to beginning closure of each landfill, an 
owner or operator must notify the Secretary that a notice of the 
intent to close the unit has been placed in the operating record;

5.	the owner or operator shall complete closure 
activities in accordance with the closure plan within 180 days 
following the beginning of closure.  Extensions of the closure 
period may be granted by the Secretary if the owner or operator 
demonstrates that closure will, of necessity, take longer than 
180 days and has taken and will continue to take all steps 
necessary to prevent threats to public health, welfare and the 
environment;

6.	following closure, the owner or operator shall 
notify the Secretary that closure has been completed in 
accordance with the closure plan;

7.	following closure, the owner or operator shall 
record a notation on the deed to the landfill facility property, 
or some other instrument that is normally examined during title 
search, and notify the Secretary that the notation has been 
recorded and a copy has been placed in the operating record.  The 
notation on the deed shall in perpetuity notify any potential 
purchaser of the property that:

a.	the land has been used as a landfill facility; 
and
b.	its use is restricted under the post-closure 
care requirement; and

8.	the owner or operator may request permission from 
the Secretary to remove the notation from the deed if all wastes 
are removed from the facility.

[1-30-92; 8-17-94]

B.	Landfill owners or operators shall comply with the 
following post-closure requirements:

1.	submit a post-closure care and monitoring plan 
which shall include, but not be limited to maintenance of cover 
integrity, maintenance and operation of the leachate collection 
system, operation of the methane and ground water monitoring 
systems;

2.	reports of monitoring performance and data 
collected shall be submitted to the Secretary within 45 days from 
the end of each calendar year; and

3.	the post-closure care period for a landfill shall 
be thirty (30) years.

[1-30-92; 8-17-94]

C.	The owner or operator may amend the post-closure plan 
by submitting a request to the Secretary 30 days prior to the 
proposed change. No proposed amendment shall be effective unless 
first approved in writing by the Secretary.  [1-30-92]

D.	The Secretary may require the owner or operator to 
amend the post-closure care plan if the Secretary believes that 
the present or future implementation of the plan may cause a 
threat to public health, welfare and the environment.  [1-30-92; 
8-17-94]

503.	CONSTRUCTION AND DEMOLITION LANDFILL CLOSURE AND POST-
CLOSURE REQUIREMENTS.  [8-17-94]

A.	Owners and operators construction and demolition 
landfills shall comply with the following closure requirements:

1.	a final cover consisting of a compacted layer of 
not less than two feet of approved material shall be placed over 
the entire surface of each portion of the final lift starting no 
later than 30 days and completed within 60 days after the known 
final receipt of waste. A minimum of six inches of the final 
cover shall consist of top soil or equivalent depth of composted 
material. 

2.	the side slopes of all above-grade landfills shall 
not exceed a 25% grade (four feet horizontal to one foot 
vertical), such that the final cover of the top portion of a 
landfill shall have a gradient of 2% to 5%, and that the slope 
shall be sufficient to prevent the ponding of water and erosion 
of the cover material;

3.	provide a plan showing the final contours and 
vegetation in relationship to the surrounding land, the 
description of final use of the land with drawings as 
appropriate, and a description of vegetation to provide permanent 
soil stabilization;

4.	upon completion of closure, a detailed description 
of the use of the site, including a plat, shall be filed with the 
appropriate county land recording authority for the county in 
which the site is located.  The description and the plat shall be 
filed so that it will be found during a title search and proof of 
the filing shall be submitted to the Secretary.  The notification 
on the deed shall perpetually notify any potential purchaser of 
the property that:

a.	the land has been used as a landfill;

b.	its use is restricted as described in the post-
closure care provisions.

[8-17-94]

B.	Post-closure care shall be for a period of 30 years and 
includes control of erosion, maintenance of cover, top slopes, 
side slopes, drainage, and vegetation.  Post-closure care 
inspections shall be:

1.	once a year for the first three years; and then

2.	once every three years, thereafter.

[8-17-94]

504.	COMPOSTING CLOSURE AND POST-CLOSURE REQUIREMENTS.  
[1-30-92]

A.	Within 30 days of closure, all composting facility 
owners or operators shall:

1.	remove all windrows and in-vessel compost material 
on the compost facility's real property;

2.	remove or vegetate compacted compost material that 
may be left on the land;

3.	drain ponds or leachate collection systems, back 
fill, and assure removed contents are properly disposed;

4.	provide cover if necessary; and

5.	remove buildings, fences, roads, and equipment, 
clean-up the site, and conduct tests on the soils for 
contamination.

[1-30-92; 8-17-94]

B.	Composting facility owners or operators shall comply 
with the following post-closure and monitoring requirements:

1.	maintain ground water monitoring, if required, to 
detect possible migration of contaminants; and 

2.	inspect and maintain any cover material.

[1-30-92]

C.	Post-closure inspection and maintenance shall not be 
required if the facility owner or operator demonstrates that all 
requirements of closure have been met and there is no evidence of 
contamination.  [8-17-94]

505.	CLOSURE AND POST-CLOSURE REQUIREMENTS FOR OTHER SOLID WASTE 
FACILITIES.  [1-30-92; 8-17-94]

A.	Owners or operators of other solid waste facilities 
shall comply with the following requirements:

1.	cleanup of the area;

2.	dismantling and removal of any improvements related 
to solid waste handling or disposal, if required by the 
Department, such as;

a.	removal of buildings;

b.	removal of fences; and 

c.	removal of roads;

3.	testing of soils and ground water for contamination 
if required by the Department; and

4.	any other conditions of the permit.

[1-30-92; 8-17-94]
B.	Post-closure inspection and maintenance shall not be 
required if the facility demonstrates that all requirements of 
closure have been met and there is no evidence of contamination. 
 [1-30-92; 8-17-94]

506. - 599.  [RESERVED.]



	SUBPART VI
	OPERATOR CERTIFICATION

600.	[RESERVED.]

601.	GENERAL PROVISIONS.  [1-30-92]

A.	All operators of landfills, transfer stations, 
recycling and processing facilities, and transformation 
facilities shall be certified within 180 days after the 
promulgation of this Part.  [1-30-92; 8-17-94; 11-30-95]

B.	The certified operator shall be a supervisor, manager 
or equipment operator who has primary authority and 
responsibility for compliance with this Part and the approved 
plans and permit conditions for the facility.  [1-30-92; 
11-30-95]

C.	A facility which is required to be operated under the 
direction of a certified operator shall operate for no more than 
six months in the event that the services of a certified operator 
are not available; however, the facility shall have someone on 
site that is knowledgeable as to the operation of that facility 
in the interim.  [1-30-92; 8-17-94]

D.	An individual desiring to become a certified operator 
shall complete a training course offered by the Department or its 
designated agent or equivalent training approved by the 
Department and pass an examination approved by the Department.  
[1-30-92; 8-17-94]

E.	An individual desiring to be come a certified operator 
shall file an application with the Department on a form provided 
by the Department at least 30 days prior to a scheduled exam.  
[1-30-92]

F.	Operator certification is valid for three years from 
date of issuance.  [1-30-92]

G.	Alternate training shall be equivalent to or more 
extensive than the Department's course work, and shall be 
approved by the Department.  It shall be the applicant's 
responsibility to submit any documentation the Department may 
require to evaluate the equivalency of alternate training.  
[1-30-92; 8-17-94]

H.	A person holding certification in a particular facility 
classification may operate any facility in that class.  [1-30-92; 
8-17-94]

I.	A person may hold certification in more than one 
facility classification as may be required by the Department.  
[1-30-92; 8-17-94]

J.	The name(s) of the certified operator(s) shall be on 
file at all times with the Department.  [1-30-92; 8-17-94]

602.	EDUCATION AND EXPERIENCE.  [1-30-92]

A.	Each applicant for certification in each classification 
shall successfully meet the educational, experience and training 
requirements stipulated:

1.	two (2) years of experience;

2.	attend and complete an approved course;

3.	in no case shall actual experience be less than one 
year in any classification; and

4.	a high school diploma or G.E.D. equivalent may be 
substituted for one year's experience.

[1-30-92; 8-17-94]

603.	LANDFILL TRAINING COURSE.  [1-30-92]

A.	The required training course for a certified operator 
of a landfill will be offered by the Department or other approved 
authority at least once every twelve months.  [1-30-92; 8-17-94]

B.	The training course will address at least the following 
areas:

1.	composition of wastes;

2.	interpreting and using engineering plans, including 
but not limited to:

a.	surveying techniques;

b.	waste decomposition process;

c.	geology and hydrology;

d.	landfill design;

e.	landfill operation;

f.	environmental monitoring;

g.	applicable laws and regulations;

h.	the permitting process; and

i.	identification of unauthorized waste including 
hazardous wastes and PCB's.

[1-30-92; 8-17-94]

604.	RECYCLING FACILITY TRAINING COURSE AND PROCESSING FACILITY 
TRAINING COURSE.  [1-30-92]

A.	The training course shall address at least the 
following areas:

1.	composition  of waste;

2.	transportation requirements;

3.	mechanical operation and technology;

4.	materials flow;

5.	traffic flow control;

6.	quality control;

7.	distribution and marketing;

8.	recycling and processing facility design;

9.	handling of special wastes;

10. applicable laws and regulations; and

11. the permitting process.

[1-30-92]

605.	TRANSFORMATION FACILITY TRAINING COURSE.  [1-30-92]

A.	The required training course for a certified operator 
for an incinerator shall be equivalent to that required by Air 
Quality Control Regulations 2000 Part X and 2020 Part X, and for 
transformation facilities it shall address at least the following 
areas:

1.	composition of wastes;

2.	theory of combustion;

3.	basics in chemistry;

4.	basics in thermodynamics;

5.	mechanical and electrical operation and technology;

6.	air pollution control technology;

7.	ash handling and disposal operation;

8.	control room operation;

9.	continuous emissions monitors and their 
calibration;

10. applicable laws and regulations;

11. environmental monitoring and field sampling:

12. waste decomposition;

13. transportation requirements;

14. flow control; and

15. the permitting process.

[1-30-92; 8-17-94]

606.	COMPOSTING FACILITY TRAINING COURSE.  [1-30-92]

A.	The required training courses for a certified operator 
for a composting facility shall address at least the following 
areas:

1.	basic microbiology;

2.	basic chemistry;

3.	waste decomposition;

4.	environmental monitoring;

5.	distribution and marketing;

6.	composting equipment care and maintenance;

7.	composting processing methods;

8.	basic composting techniques;

9.	quality control;

10.	compost end-use;

11.	yard waste and food waste collection system;

12.	sludge handling;

13.	staffing and operation; and

14.	the permitting process.

[1-30-92]

607.	TRANSFER STATION TRAINING COURSE.  [1-30-92]

A.	The required training course for a certified operator 
for a transfer station shall address at least the following 
areas:

1.	composition of wastes;

2.	transportation requirements;

3.	control room operation;

4.	mechanical operation and technology;

5.	flow control;

6.	traffic control;

7.	large waste item handling;

8.	applicable laws and regulations; 

9.	transfer station design; and 

10. the permitting process.

[1-30-92]

608.	EXAMINATION.  [1-30-92]

A.	An examination will be administered in conjunction 
with, and at the conclusion of, each training course specified in 
this Subpart.  [1-30-92; 8-17-94]

B.	Results of the examination will be forwarded to the 
individual completing the examination within sixty (60) days 
after the date of the examination.  [1-30-92]

C.	No person shall be eligible for examination unless she 
or he has completed:

1.	the training course offered by the Department; or

2.	an alternate training course approved by the 
Secretary.

[1-30-92]

D.	Certification requires a score of at least seventy 
percent on the examination required by this section.  [1-30-92]

609.	RECIPROCITY.  [1-30-92]

A.	The Department may issue certificates without 
examination to applicants who hold valid certificates or licenses 
issued by any state, territory, or foreign jurisdiction provided 
that the Department determines the requirements for such 
certification are equal to or higher than those set forth in this 
Part.  [1-30-92; 8-17-94]

B.	Certificates issued under Subsection A of this section 
will be in equivalent classification.  [1-30-92]

610.	RECERTIFICATION.  [1-30-92]

A.	Certified operators shall be recertified by the 
expiration date of their certification.  [1-30-92]

B.	Recertification shall be obtained by:

1.	attending and successfully completing a training 
course offered by the Department or its designated agent; or

2.	an alternate training course which has been 
approved by the Department; or

3.	completing course work totaling 40 hours, which has 
been approved by the Secretary.

[1-30-92; 8-17-94]

C.	If recertification is not obtained prior to the 
expiration date of the certification, the certification shall be 
void.  [1-30-92]

D.	Lapsed certificates may be reinstated without penalty 
upon application within thirty days of the expiration date.  
After that time period, a lapsed certificate may only be 
reinstated upon reapplication.  [1-30-92]

E.	If a lapsed certificate has not been reinstated within 
one year of its expiration date, the applicant must reapply and 
retake the appropriate examination.  [1-30-92]

611.	SUSPENSION OR REVOCATION OF CERTIFICATION.  [1-30-92]

A.	Certification may be suspended or revoked by the 
Secretary for:

1.	failure to comply with the terms or conditions of 
the solid waste facility permit;

2.	fraud, deceit or submission of inaccurate 
qualification information;

3.	violation of this Part by the certified operator; 
or

4.	failure to comply with the Parental Responsibility 
Act, NMSA 1978,  40-5A-1 to 40-5A-13.

[1-30-92; 11-30-95]

B.	Disciplinary proceedings shall be conducted in 
accordance with the Uniform Licensing Act, NMSA 1978,  61-1-1 
to 61-1-33, and if applicable, 20 NMAC 1.7.  [8-17-94]

612. - 699.  [RESERVED.]


	SUBPART VII
	SPECIAL WASTE REQUIREMENTS

700.	[RESERVED.]
701.	GENERAL.  Special wastes shall either be treated prior to 
disposal or isolated in their disposal to ensure a minimum amount 
of exposure to the public.  [1-30-92; 8-17-94]

702.	RESTRICTIONS.  [1-30-92]

A.	Special waste shall be disposed of only at solid waste 
facilities authorized for disposal of special waste.  [1-30-92]

B.	If infectious waste is to be incinerated, it shall only 
be incinerated in an infectious waste incinerator authorized 
under applicable Air Quality regulations and permitted under this 
Part.  [1-30-92; 11-30-95]

C.	A manifest in accordance with Section 712 of this Part 
shall accompany each load of asbestos, infectious waste, 
petroleum contaminated soils, ash or other special wastes as 
specified by the Department originating or to be disposed in New 
Mexico.  [1-30-92; 11-30-95]

703.	GENERAL REQUIREMENTS.  [1-30-92]

A.	Special waste shall  be stored at an approved special 
waste storage area.  [1-30-92; 8-17-94]

B.	Special waste shall not be stored for longer than 
forty-five days, unless otherwise approved by the Department.  
[1-30-92]

C.	All containers of special waste to be stored or 
disposed of shall be clearly labeled, indicating the contents and 
potential health, safety, and environmental hazards associated 
with the waste.  [1-30-92]

704.	REQUIRED ANALYSIS.  [1-30-92]

A.	The physical and chemical characteristics of all 
special wastes shall be documented prior to storage, 
transportation or disposal, by means of:

1.	records of the results of analyses performed in 
accordance with this section as applicable; and

2.	detailed descriptions of the generator's knowledge 
of specific wastes.

[8-17-94]

B.	All laboratory analyses shall be performed by a 
laboratory that follows EPA quality assurance and quality control 
procedures in accordance with EPA approved analytical methods or 
such other methods acceptable to the Department.  [1-30-92]

C.	Representative sample(s) shall be analyzed in 
conformance with the following parameters as appropriate (see 
Subsection C of Section 1101 of this Part):

1.	ignitability characteristic as defined in 40 CFR, 
Part 261;

2.	corrosivity characteristic as defined in 40 CFR, 
Part 261;

3.	reactivity characteristic as defined in 40 CFR, 
Part 261;

4.	toxicity characteristic as defined by U.S. EPA Test 
Method 1311: Toxicity Characteristic Leaching Procedure (TCLP);

5.	Paint Filter Liquids Test as defined by U.S. EPA 
Test Method 9095;

6.	additional parameters as identified by the 
Department;

7.	Resource Conservation and Recovery Act (RCRA) 
Subtitle C listed wastes as defined in 40 CFR, Part 261; and

8.	Toxic Substance Control Act (TSCA), Federal 
Insecticide, Fungicide and Rodenticide Act (FIFRA), or other 
applicable statutes.

[1-30-92; 8-17-94; 11-30-95]

705.	ASBESTOS WASTE.  [1-30-92]

A.	Transportation of asbestos waste.

1.	No transporter shall accept or transport asbestos 
waste unless the waste has been properly wetted and 
containerized.

a.	Asbestos waste is properly wetted when its 
moisture content prevents fiber release.

b.	Asbestos waste is properly containerized when 
it is placed in a plastic bag of 6-mil or thicker, sealed in such 
a way to be leak-proof, and the amount of void space or air in 
the bag is minimized.  Asbestos waste slurries shall be packaged 
in leak-proof drums if they are too heavy for the plastic bag 
containers.  The Secretary may authorize other proper methods of 
containment which may include double bagging, plastic-lined 
cardboard containers, plastic-lined metal containers, or the use 
of vacuum trucks for the transport of slurry.

c.	Pipes or other facility components which are 
removed as sections without first removing the asbestos shall be 
wrapped in a minimum of 6-mil plastic sufficient to create a 
leak-proof container.

d.	Public access to asbestos wastes shall be 
prevented and asbestos wastes shall be transported as soon as 
possible after acceptance.

2.	Transporter waste handling.

a.	A transporter shall ensure that the asbestos 
waste is properly contained in leak-proof containers with 
appropriate labels, and that the outsides of the containers are 
not contaminated with asbestos debris adhering to the containers. 
 The transporter shall not accept nor transport asbestos waste if 
there is a reason to believe that the condition of the asbestos 
waste may allow fiber release.

b.	The transporter shall ensure that the asbestos 
waste containers are loaded into the transport vehicle in a 
manner which prevents the breaking of the containers.  The 
transporter shall ensure that the asbestos waste containers are 
transferred at the disposal site in such a manner to avoid fiber 
release.

c.	if the transporter discovers that the asbestos 
waste is not properly containerized in conformance with 705.A.1, 
the transporter shall immediately clean up the contaminated area 
and repair or reseal the container by means of double bagging, 
plastic wrap, or other appropriate methods.  The Department shall 
be notified of any release.  The transporter shall ensure that 
all containers in his possession are leak-proof and cannot 
release fibers.

3.	Asbestos waste handling.  Vehicles used for 
transport of containerized asbestos waste shall have an enclosed 
carrying compartment.  All surfaces of vehicles and other 
asbestos handling equipment and facilities shall be maintained 
free from the accumulation of dusts and waste containing 
asbestos.  No vehicle which uses compactors to reduce waste 
volume may be used to transport asbestos waste.  Vacuum trucks 
shall be inspected to ensure that liquid is not leaking from the 
truck.

[1-30-92; 8-17-94]

B.	Labeling requirements for asbestos containers.

1.	Warning labels.  All asbestos containers shall be 
tagged with a warning label.  Labels approved by the EPA or the 
Occupational Safety and Health Administration (OSHA) shall be 
worded, as shown below.  The Secretary may authorize the use of 
other similar labels.

	DANGER
	CONTAINS ASBESTOS FIBERS
	AVOID CREATING DUST
	CANCER AND LUNG DISEASE HAZARD

[1-30-92; 8-17-94]

C.	Disposal of asbestos waste.

1.	Receipt of asbestos waste.

a.	The transporter of the asbestos waste shall 
notify the landfill operator that the load contains asbestos.

b.	The landfill owner or operator shall inspect 
the loads to verify that the asbestos is properly contained in 
leak-tight containers and labeled appropriately.  The owner or 
operator shall notify the Secretary if the owner or operator 
believes that the asbestos waste is in a condition that may cause 
significant fiber release during disposal.  If the wastes are not 
properly containerized, and the landfill owner or operator 
accepts the load, the owner or operator shall thoroughly soak the 
asbestos with a water spray prior to unloading, rinse out the 
truck, and immediately cover the wastes with non-waste containing 
material which prevents fiber release prior to compacting the 
waste in the landfill.

2.	Waste deposition and covering.  The owner or 
operator shall:

a.	prepare a separate trench to receive only 
asbestos wastes.  The trench shall be as narrow as possible while 
complying with all applicable trenching regulations;

b.	align the trench perpendicular to the 
prevailing winds;

c.	place asbestos containers into the trench with 
sufficient care to avoid breaking the containers;

d.	completely cover the containerized waste within 
18 hours with a minimum of 6 inches of non-waste containing 
material;

e.	completely cover improperly containerized 
asbestos containing material with 6 inches of non-waste 
containing material immediately; and

f.	not compact the asbestos containing material 
until it is completely covered with 6 inches of non-waste 
containing material.

3.	Closure of an asbestos containing cell.  For 
closure of a cell containing asbestos material, the landfill 
owner or operator shall:

a.	cover with an additional 30 inches of compacted 
non-waste containing material to provide a 36-inch final cover to 
the original grade,

b.	at the discretion of the Secretary, implement 
measures where necessary to control erosion and rodent intrusion.

4.	Control of public access.  The operator shall 
provide barriers adequate to control public access.  At a 
minimum, the  owner or operator shall:

a.	limit access to the asbestos management site to 
no more than two entrances by gates that can be locked when left 
unattended and by fencing adequate to deter access by the general 
public.

b.	place warning signs at the entrance and at 
intervals no greater than 100 feet along the perimeter of the 
sections where asbestos waste is deposited.  The sign shall read 
as follows:

	ASBESTOS WASTE DISPOSAL SITE
	DO NOT CREATE DUST
	BREATHING ASBESTOS IS HAZARDOUS
	TO YOUR HEALTH

The signs shall be posted in such a manner and location that a 
person can easily read the legend and conform to the requirements 
of 20 inches by 14 inches upright format signs specified in 29 
CFR 1910.145(d)(4) (or equivalent regulation adopted by the Board 
under the Occupational Health and Safety Act).  Spacing between 
any two lines shall be at least equal to the height of the upper 
of the two lines.

5.	The owner or operator shall have at least one 
employee who has received at least 24 hours of course work in an 
EPA certified training course which deals with the 
identification, hazards and management of asbestos wastes.  An 
employee with this training shall be present at all times when 
asbestos wastes are being disposed.

[1-30-92]

706.	INFECTIOUS WASTE.  [1-30-92]

A.	This section applies:

1.	without regard to the quantity of infectious waste 
produced, to any producer of infectious waste including, but not 
limited to, any:

a.	general acute care hospitals;

b.	skilled nursing facility or convalescent 
hospitals;

c.	intermediate care facilities;

d.	in-patient care facilities for the 
developmentally disabled;

e.	dialysis clinics;

f.	free clinics;

g.	community clinics;

h.	employee clinics;

i.	health maintenance organizations;

j.	home health agencies;

k.	surgical clinics;

l.	urgent care clinics;

m.	acute psychiatric hospitals;

n.	blood/plasma centers;

o.	laboratories;

p.	medical buildings;
q.	physicians offices;

r.	veterinarians;

s.	dental offices;

t.	acupuncturists;

u.	funeral homes; and

v.	eye clinics; and

2.	to all infectious waste storage, treatment, and 
disposal facilities.

[1-30-92]

B.	All material that has been rendered non-infectious may 
be handled as non-infectious waste, provided:

1.	it is not an otherwise regulated, hazardous, 
special, or radioactive waste and is not subject to the 
requirements of this section; 

2.	the operator of the disposal facility applies daily 
cover as required in Section 402 prior to any compaction of the 
sharps; and:

3.	any person that treats infectious waste shall 
certify in writing the waste has been rendered noninfectious by 
sterilization, incineration or another method approved by the 
Secretary.  Certification shall be provided to the transporter or 
disposal facility and kept in the facility operating record.  A 
certification that the waste has been rendered noninfectious 
shall be provided to the generator, transporter, and disposal 
facility.  The generator and disposal facility shall maintain 
copies of certifications and the records made available to the 
Department upon request.

[1-30-92; 8-17-94]

C.	The following storage and containment requirements 
apply to all infectious waste:

1.	Containment shall be in a manner and location which 
affords protection from animal intrusion, does not provide a 
breeding place or a food source for insects and rodents, and 
minimizes exposure to the public.

2.	Infectious waste shall be segregated by separate 
containment from other waste at the point of origin.

3.	Except for sharps, shall be contained in plastic 
bags inside rigid containers.  The bags shall be securely tied to 
prevent leakage or expulsion of solid or liquid wastes during 
storage, handling or transport.

4.	Sharps shall be contained for storage, 
transportation, treatment, and disposal in leak-proof, rigid, 
puncture-resistant containers which are manufactured for the 
purpose of sharps containment and are taped closed or tightly 
lidded to preclude loss of contents.

5.	All bags used for containment purposes shall be red 
or orange and clearly identified as specified in 29 CFR 
1910.145(f)(4).  Rigid containers shall be labeled "biomedical 
waste", or otherwise conspicuously labeled as holding infectious 
waste, or placed in disposable bags used for other infectious 
waste.  Disposable rigid containers shall meet or exceed the 
standards for a classified strength of at least 200-pound mullen 
test.

6.	If other waste is placed in the same container as 
regulated infectious waste, then the generator shall package, 
label and mark the container and its entire contents as 
infectious waste.

7.	Rigid infectious waste containers may be reused for 
infectious or non-infectious waste if they are thoroughly washed 
and decontaminated each time they are emptied and the surfaces of 
the containers have been completely protected from contamination 
by disposable, unpunctured or undamaged liners, bags, or other 
devices that are removed with the infectious waste, and the 
surface of the containers have not been damaged or punctured.

8.	Storage and containment areas shall protect 
infectious waste from the elements, be ventilated to the 
outdoors, be only accessible to authorized persons, and be marked 
with prominent warning signs on, or adjacent to , the exterior 
doors or gates.  The warning signs shall be easily read during 
daylight from a distance of 25 feet.

9.	Generators of medical waste, shall place an 
absorbent material inside the liner of the rigid container equal 
to one (1) cup of absorbent material per each six (6) cubic feet 
of box area if the rigid container is to hold any containers 
which had held free liquids; if the rigid container is to hold 
containers which do hold free liquids, then enough absorbent 
material shall be placed inside the liner of the rigid container 
sufficient to absorb 15% of the total volume of free liquids 
inside the rigid container.
10.	Compactors, grinders or similar devices shall not 
be used to reduce the volume of infectious waste before the waste 
has been rendered non-infectious unless prior approval has been 
obtained from the Department.

[1-30-92; 11-30-95]

D.	All infectious waste treatment, storage and disposal 
facilities subject to this section  shall comply with the 
following operational requirements:

1.	Every person who generates, transports, stores, 
treats, or disposes of infectious waste shall prepare and 
maintain on file a management plan for the waste that identifies 
the type of waste the person generates or handles, the 
segregation, packaging, labelling, collection, storage, and 
transportation procedures to be implemented, the treatment or 
disposal methods that will be used, the transporter and disposal 
facility that will be used, and the person responsible for the 
management of the infectious waste.

2.	All infectious waste management facilities may only 
accept infectious waste that is accompanied by a manifest that 
contains the information required by Section 712 of this Part.

3.	Report to the Secretary any delivery of 
unauthorized waste, contamination of any person, or other 
emergencies immediately upon recognition.

4.	Human fetal remains shall be disposed by 
incineration or interment, which are considered to be human fetal 
remains when measured to be 500 grams or greater as defined by 
the State Medical Examiner.

5.	Infectious waste consisting of recognizable human 
anatomical remains shall be disposed by incineration or 
interment, unless such remains have been contaminated with a 
regulated hazardous chemical or radioactive substance.  Such 
contaminated remains shall be disposed of at a permitted 
hazardous or radioactive waste facility.

[1-30-92; 11-30-95]

E.	Treatment and disposal of infectious waste shall be by 
one of the following methods:

1.	incineration in a controlled air multi-chambered 
incinerator which provides complete combustion of the waste to 
carbonized or mineralized ash:

a.	ash from the incinerator shall be sampled in 
accordance with Section 404.B of this Part;

b.	the sample shall be analyzed by the U.S. EPA 
Test Method 1311: Toxic Characteristics Leaching Procedure (TCLP) 
to determine if it is a hazardous waste. If hazardous, it shall 
be managed by applicable state regulations;

c.	the retention times and temperatures for each 
chamber shall be continuously measured and recorded, or other 
equivalent tests approved by the Department to determine if it is 
still infectious shall be performed. If infectious, it shall be 
retreated in accordance with this section; and

d.	charge rates shall be maintained and recorded.

2.	sterilization by heating in a steam sterilizer so 
as to render the waste non-infectious:

a.	the operator shall have available and shall 
certify in writing that she or he understands written operating 
procedures for each steam sterilizer including time, temperature, 
pressure, type of waste, type of container(s), closure on 
container(s), pattern of loading, water content, and maximum load 
quantity;

b.	infectious waste shall be subjected to 
sufficient temperature, pressure and time to kill Bacillus 
stearothermophilus spores or induce a complete color change in an 
approved steam sterilization integrator when either indicator is 
located in the center of the waste load being decontaminated;

c.	unless a steam sterilizer is equipped to 
continuously monitor and record temperature and pressure during 
the entire length of each sterilization cycle, each package of 
infectious waste to be sterilized shall have a temperature 
sensitive tape or equivalent test material such as chemical 
indicators attached that will indicate if the sterilization 
temperature and pressure have been reached.  Waste shall not be 
considered sterilized if the tape or equivalent indicator fails 
to indicate that a temperature of at least 250 degrees Fahrenheit 
or 121 degrees Celsius was reached during the process;

d.	each sterilization unit shall be evaluated for 
effectiveness with spores of B. stearothermophilus or approved 
steam sterilization integrator at least once each 40 hours of 
operation; and

e.	a written log shall be maintained for each 
sterilization unit which contains;
(1)	date, time and load number for each load;

(2)	amount per load;

(3)	duration of the cycle; and

(4)	the operator's name.

3.	discharge to a sewage treatment system that 
provides secondary treatment of waste and only if the waste is 
liquid or semi-solid and if approved by the operator of the 
sewage treatment system;

4.	other methods may be approved by the Secretary 
which provide:

a.	a 6Log10 reduction in:

(1)	vegetative bacteria Staphylococcus aureus 
or Pseudomonas aeruginosa;

(2)	fungi Penicillium chrysogenum, Aspergillus 
niger, or Candida albicans;

(3)	parasites Cryptosporidium spp. oocysts or 
Giardia spp. cysts;

(4)	mycobacteria Mycobacterium phlei, 
Mycobacterium terrae, or Mycobacterium bovis (BCG); and

(5)	Viruses Polio 2 or Polio 3 or 
Bacteriophage;

b.	a 4Log10 reduction in bacterial spores of 
Bacillus stearothermophilus or Bacillus subtillis; and

c.	verification that the species used in 706.E.4.a 
and 706.E.4.b are the species indicated and that the strain used 
is appropriate for the proposed method.

[1-30-92; 8-17-94; 11-30-95]

707.	ASH.  [1-30-92]

A.	Transporters of ash shall:

1.	not accept or transport ash unless it has been 
treated or is securely covered to prevent release of fugitive 
dust;

2.	cover vehicles to prevent fugitive dust loss during 
transport; and
3.	line or seal vehicles in a manner to prevent any 
leakage of liquids or fugitive dust during transport.

[1-30-92]

B.	The landfill owner or operator shall:

1.	prepare a trench to receive non-hazardous ash;

2.	provide a ground water monitoring system and a 
leachate collection system unless an adequate demonstration is 
made to the Secretary that such systems are not necessary;

3.	keep the ash wetted to prevent fugitive emissions 
prior to covering;

4.	unload transport vehicles at the bottom of the 
trenches; and

5.	completely cover the ash within 24 hours with a 
minimum of 6 inches of clean non-waste containing material, or 
other material approved by the Secretary.

[1-30-92; 8-17-94]

C.	For closure of a cell or trench containing ash, the 
landfill owner or operator shall install a final cover system 
which consists of:

1.	an infiltration layer comprised of a minimum of 18 
inches of earthen material having a saturated hydraulic 
conductivity less than or equal to the saturated hydraulic 
conductivity of any bottom liner system or natural subsoils 
present, or a saturated hydraulic conductivity no greater than 1 
x 10-5 cm/sec whichever is less;

2.	an erosion layer consisting of a minimum of 6 
inches of earthen material that is capable of sustaining native 
plant growth;

3.	any necessary gas vents provided they are sealed to 
assure no water infiltration; and 

4.	the side slopes that shall not exceed a 25% grade 
(four feet horizontal to one foot vertical), such that the final 
cover of the top portion of an ash fill shall have a gradient of 
2% to 5%, and that the slope shall be sufficient to prevent the 
ponding of water and erosion of the cover material.

[1-30-92; 8-17-94]
D.	The owner or operator shall provide barriers adequate 
to control public access and shall:

1.	limit access to the ash site to no more than two 
entrances, by:

a.	gates that can be locked when left unattended; 
and

b.	fencing adequate to deter access by the general 
public; or 

2.	when trenches are used at a landfill, isolate such 
trenches from the rest of the facility in a manner to deter 
access by the general public.

[1-30-92; 8-17-94]

E.	Ash that is temporarily stored at a generation site 
awaiting transportation shall be stored in a manner so as to 
prevent fugitive dust emissions.  [1-30-92]

708.	PETROLEUM CONTAMINATED SOILS.  [1-30-92; 8-17-94]

A.	All petroleum contaminated soils to be disposed of or 
treated at a landfill or composting facility shall be tested 
under the requirements of Section 704.  All soils that are 
suspected to be contaminated with petroleum products shall be 
tested for Total Petroleum Hydrocarbons (TPH) and other 
contaminants as deemed necessary by the Secretary to determine 
the contaminants of the soil.  Copies of the results from the 
laboratory analyses shall be placed in the daily operating record 
and made available to the Secretary upon request.  [1-30-92; 
8-17-94]

B.	Petroleum contaminated soils containing free liquid 
shall not be accepted at a landfill.  When the soil can pass the 
Paint Filter Test, the test results shall be placed in the daily 
operating record and made available to the Secretary upon 
request.  [1-30-92; 8-17-94]

C.	Petroleum contaminated soil may be stored temporarily 
on-site in a bermed area on an impermeable liner or in a manner 
that does not contaminate ground water, surface water, air or 
uncontaminated soil.  The method of storage shall be approved by 
the Secretary.  [1-30-92; 8-17-94]

D.	Petroleum contaminated soil shall be spread, inside a 
bermed area, no greater than 6 inches thick.  The spread area may 
be required to be lined with an impermeable material.  The soil 
shall be turned or disced once every two weeks until remediation 
is determined to be adequate.  [1-30-92; 8-17-94]

E.	Remediation shall be deemed adequate when the following 
conditions are met in a soil sample of what appears to be the 
most heavily contaminated soil:

1.	the sum of benzene, toluene, ethylbenzene, and 
xylene isomer concentrations is less than 500 mg/Kg, with benzene 
individually less than 10 mg/Kg; and 

2.	the TPH concentration is less than 1,000 mg/Kg.

[1-30-92]

F.	Uncontaminated or remediated soils shall not be mixed 
with contaminated soils.  [8-17-94]

G.	The owner or operator shall provide a written report to 
the Department documenting remediation.  Upon Department approval 
of the report, the treated soil may be left in place, removed for 
beneficial use, including use as daily or weekly cover at the 
landfill, or disposed of as a solid waste.  [1-30-92; 8-17-94]

709.	SLUDGE.  [8-17-94]

A.	All owners or operators that dispose of sludge, except 
compost which meets the provisions of 40 CFR 503, at a landfill 
shall obtain approval from the Secretary and meet the following 
requirements prior to disposal:

1.	the landfill shall be permitted or authorized to 
receive sludge;

2.	the sludge from municipal wastewater treatment 
plants shall be sampled and analyzed to show that it meets the 
criteria specified in Section 1109.  The test parameters and 
limits for other sludges shall be as specified by the Secretary:

a.	the frequency of sampling shall be one 
representative sample per 100 cubic yards of sludge, an alternate 
frequency may be approved by the Secretary if a demonstration is 
made that the sludge is homogeneous; and

b.	the laboratory used to analyze the sludge shall 
follow EPA quality assurance and quality control (QA/QC) 
procedures in accordance with EPA approved methods. The 
laboratory's QA/QC plan shall be approved by the Department.

3.	provide a description of the transport method, a 
demonstration the method will be leak free and covered, the 
volume to be transported and total time period for disposal of 
any sludges (piles);

4.	provide a description of any future plans for 
continuation of landfill disposal of the sludge including how 
often sludge will be tested and transported to the landfill and 
how long the sludge will be stored prior to disposal;

5.	copies of the shipping records shall be provided to 
the landfill owner or operator;

6.	provide a site map indicating the facility 
boundaries, the location of the sludge disposal area, and the 
routes of the disposal vehicles;

7.	provide as part of their contingency plan a section 
describing methods for clean-up if an accident should occur 
during transport or disposal; 

8.	sludge from municipal waste water treatment plants 
shall be covered at the end of the day in order to be excluded 
from pathogen reduction criteria; and

9.	sludge derived from the treatment of domestic 
sewage, received at the landfill for further treatment, shall 
meet the requirements of 40 CFR 257, Appendix II and the 
treatment area must be restricted from public access.

10. All sludge derived from the treatment of domestic 
sewage and used as final cover materials shall comply with 
requirements under 40 CFR, Part 257.3-6.

[8-17-94]

B.	Liquid extraction shall not be allowed at landfills 
unless specifically approved by the Secretary.  [8-17-94]

C.	Land application of sludge derived from the treatment 
of domestic sewage, and compost that includes sludge derived from 
the treatment of domestic sewage, and which meets the definition 
of solid waste facility shall comply with:

1.	the federal regulations under 40 CFR, Part 503; and

2.	any additional requirements by the Secretary, such 
as, but not limited to, analytical testing frequencies and 
parameters, siting criteria, and loading rates.

[8-17-94]

D.	Owners and operators of landfills dedicated solely for 
the disposal of sludge derived from the treatment of domestic 
sewage shall comply with the requirements of 40 CFR Part 503.  
[8-17-94]

710.	PACKING HOUSE AND KILLING PLANT OFFAL.  Prior to disposal 
at a landfill, these wastes shall pass the Paint Filter Test and 
be mixed with soil, in a separate area of the facility, to a 
consistency that will support compaction and cover material.  
[1-30-92]

711.	DISPOSITION FOR SPECIAL WASTE NOT OTHERWISE SPECIFIED.  A 
disposal management plan (DMP) shall be developed by the owner or 
operator and approved by the Department for each landfill that 
wishes to receive special wastes that do not have specified 
disposal requirements.  The DMP shall include, at a minimum, the 
following:  [1-30-92]

A.	a description of methods to identify the various 
special wastes, including the use of test parameters in Section 
704;  [1-30-92]

B.	disposition procedures for incoming special wastes;  
[1-30-92]

C.	notification procedures to the Department in the event 
of wastes that either fail the tests listed in Section 704 or 
prove to be one of  the listed special wastes; and  [1-30-92]

D.	any tracking system to be used to:

1.	compile and record the amounts and types of wastes 
received;

2.	locate the waste in either the disposal area; or

3.	manifest the waste as provided for by Section 712, 
if warranted.

[1-30-92; 8-17-94]

712.	MANIFEST REQUIREMENTS.  [1-30-92]

A.	A manifest containing the following information shall 
accompany each load of special waste as specified in Section 
702.C originating or to be disposed in New Mexico:

1.	name, address and phone number of the generator of 
the special waste;

2.	name, address and phone number of any and all 
commercial haulers in the order each will be transporting the 
waste;

3.	name, site address, phone number and identification 
number of the solid waste facility to which the waste is to be 
delivered;

4.	type and proper name of waste being shipped;

5.	total weight or volume of waste prior to shipment 
from generator;

6.	total weight or volume of waste received at solid 
waste facility;

7.	type and number of containers in shipment;

8.	any special handling instructions;

9.	date and location the waste was delivered;

10. date of receipt from the generator and total weight 
or volume of the special waste shall be provided by the 
transporter; and

11. if more than one commercial hauler is used, each 
commercial hauler shall provide the date of receipt and total 
weight or volume of said waste received from the previous 
commercial hauler.

[1-30-92; 8-17-94]

B.	The manifest shall accurately reflect the information 
and  be signed by the generator and each commercial hauler of the 
special waste, and by the solid waste facility owner or operator, 
acknowledging delivery, quantity, and receipt of the waste.  All 
signatories shall be duly authorized agents of their 
organizations.  [1-30-92; 8-17-94]

C.	Upon discovery of any significant discrepancy 
including, but not limited to, factual misrepresentation on the 
manifest, irregularities in transportation, discharges, or any 
unauthorized action in regard to the shipment, delivery, or 
disposal of the solid waste, the person discovering the 
discrepancy shall notify the Department, the generator, 
commercial hauler, and the solid waste facility within 24 hours. 
 [1-30-92]

D.	Upon receipt of a special waste shipment at the solid 
waste facility, the owner or operator shall send a signed copy of 
the manifest back to the generator.  [1-30-92; 8-17-94]

E.	A copy of the manifest shall be retained by the 
commercial hauler and the solid waste facility for their 
permanent records.  The generator shall retain both the original 
copy and the returned copy signed by the solid waste facility 
owner or operator for the generator's permanent records.  
[1-30-92]

 	F.	Copies of the manifest shall be made available to the 
Secretary upon request and shall be retained by the facility 
owner or operator throughout the post-closure period and any 
extended time period deemed necessary by the Secretary.  
[1-30-92; 8-17-94]

713. - 799.  [RESERVED.]


	SUBPART VIII
	GROUND WATER MONITORING; CORRECTIVE ACTION; CONTINGENCY PLAN

800.	[RESERVED.]

801.	GROUND WATER MONITORING.  [8-17-94]

A.	All landfills shall establish ground water monitoring 
programs in accordance with the following schedule which shall be 
maintained throughout the active life and post-closure care 
period of the landfill:

1.	owners or operators of new landfills and lateral 
expansions shall comply with this Subpart prior to placement of 
waste in the landfill;

2.	owners or operators of existing landfills or 
landfills that closed on or after October 9, 1993 shall comply 
with the ground water monitoring requirements of this Subpart by 
October 9, 1994 unless the landfill qualifies for a small 
landfill exemption under Section 110;

a.	owners or operators of landfills which closed 
on or after May 14, 1989, and before October 9, 1993, and were 
required to monitor ground water, shall comply with this Subpart 
by October 9, 1994, with exception that the parameters may be 
limited to those approved at closure:

(1)	the Secretary may require monitoring for 
additional parameters as necessary to protect the public health, 
welfare and the environment;

3.	construction and demolition landfills are exempt 
from ground water monitoring requirements unless the Secretary 
finds that there is a potential for hazardous constituents to 
migrate from the facility to the uppermost aquifer.

[8-17-94; 11-30-95]

B.	All other solid waste facilities shall demonstrate the 
ground water will be protected.  [8-17-94]

C.	Upon EPA approval of the State Program in the Federal 
Register, part or all of the ground water monitoring requirements 
of Sections 802 through 806 may be suspended by the Secretary if 
the owner or operator can demonstrate that there is no potential 
for migration of hazardous constituents from their landfill to 
the uppermost aquifer during the active life of the landfill and 
the post-closure care period.  This demonstration shall be 
certified by a qualified ground water scientist and approved by 
the Secretary based upon factual information presented in an 
adjudicatory hearing process.  The demonstration shall be based 
upon:

1.	site-specific field measurements, sampling, and 
analysis of physical, chemical, and biological processes 
affecting contaminant fate and transport, and

2.	contaminant fate and transport predictions that 
maximize contaminant migration and consider impacts on public 
health, welfare and environment.

[8-17-94]

802.	GROUND WATER MONITORING SYSTEMS.  [8-17-94]

A.	A ground water monitoring system shall be approved by 
the Secretary and consist of a sufficient number of wells, 
installed at appropriate locations and depths, to yield ground 
water samples from the uppermost aquifer that:

1.	represent the quality of background ground water 
that has not been affected by leakage from a landfill;

2.	represent the quality of ground water passing the 
relevant point of compliance which shall be at the waste 
management unit boundaries on land owned by the owner of the 
landfill. Upon EPA approval of the State Program in the Federal 
Register, the Secretary may approve an alternative relevant point 
of compliance located no more than 150 meters from the waste 
management unit boundaries on land owned by the owner of the 
landfill;

a.	the downgradient monitoring system shall be 
installed at the relevant point of compliance;

b.	when physical obstacles preclude installation 
of ground water monitoring wells at the relevant point of 
compliance at existing landfills, the downgradient monitoring 
system may be installed at the closest practicable distance 
hydraulically downgradient from the relevant point of compliance 
that ensure detection of ground water contamination in the 
uppermost aquifer.

[8-17-94]

B.	Upon EPA approval of the State program in the Federal 
Register, the Secretary may approve a multiunit ground water 
monitoring system instead of separate systems for each landfill 
where the facility has several landfills, provided the multiunit 
system meets the appropriate requirements of this Part and will 
be as protective of public health, welfare and the environment as 
individual monitoring systems for each landfill, based on the 
following factors:

1.	number, spacing, and orientation of the landfills;

2.	hydrogeologic setting;

3.	site history;

4.	engineering design of the landfills; and

5.	type of waste accepted at the landfills.

[8-17-94; 11-30-95]

C.	Monitoring wells shall be constructed in such a manner 
that the integrity of the bore-hole and well is maintained and is 
in accordance with ASTM method 5092 or the following 
requirements:

1.	the bore-hole shall be drilled a minimum of 4 
inches larger than the casing diameter to allow for the 
emplacement of sand and sealant.

2.	care shall be taken not to introduce contamination 
to the well.

3.	the well shall be developed so that ground water 
flows freely through the screen and is not turbid, and that all 
sediment is removed from the well.

4.	the casing shall unless otherwise approved by the 
Secretary, consist of Schedule 40 or heavier threaded PVC pipe of 
not less than 2 inches.

a.	the casing shall extend from the top of the 
screen to at least one foot above ground surface.

b.	the casing top shall be protected by a cap and 
a locking shroud shall protect the exposed casing.

c.	the shroud shall be large enough to allow easy 
access for removal of the plastic cap.

5.	the screen shall be at least a 20-foot section of 
machine slotted or other manufactured screen.  A slot size of 
0.01-inch generally is adequate for most installations.  No on-
site or hack-saw slotting is permitted.

6.	if the uppermost aquifer is unconfined; the top of 
the screen shall be 5 feet above the water table to allow for 
seasonal fluctuations.

7.	if the uppermost aquifer is confined; the top of 
the screen shall be at the top of the stratigraphic boundary 
between the aquifer and the confining layer.

8.	the screen shall be centralized at the top and the 
bottom.

9.	an annular space from 2 feet below to 2 feet above 
the screen shall be packed with sand.

a.	the sand shall be clean and medium to coarse 
grained.

b.	the sand shall be properly sized to prevent 
fines from entering the well.

c.	a tremmie pipe shall be used for sand placement 
in deeper wells.

10. the annular space for at least 2 feet above the 
sand pack shall be grouted or sealed.
a.	pressure grouting with bentonite or cement 
using a tremmie pipe is preferred.

b.	alternatively, a bentonite seal may be 
installed using bentonite pellets, 1/4 or 1/2 inch in size.

11. the annular space above the seal can be filled with 
clean uncontaminated drill cuttings, or clean sandy clay to 
within 10 feet of the ground surface.

12. the annular space above the cuttings shall be 
filled with bentonite-cement grout for 7 feet.

13. the remaining 3 feet shall be filled with concrete 
(expanding cement).

14. a concrete slab with a minimum of a 2-foot radius 
and a 4-inch thickness shall be poured around the shroud.  The 
pad shall be sloped so that rainfall and run-off flows away from 
the shroud.

15. a construction and lithologic log for each 
monitoring well shall be submitted to the Secretary.

16. the casing of each well or wells which will be used 
to monitor ground water shall be surveyed. The location of the 
well shall be determined within one-tenth of a foot, and the 
height above sea level at the top of the casing shall be 
determined one-hundredth of a foot.

[8-17-94]

D.	The owner or operator shall notify the Secretary within 
30 days that the design, installation, development, and 
decommission of any monitoring wells, piezometers and other 
measurement, sampling, and analytical devices documentation has 
been placed in the operating record. This notification shall be 
at least 14 days prior to the installation of decommissioning of 
any monitoring wells or piezometers.  [8-17-94]

E.	The monitoring wells, piezometers, and other 
measurement, sampling, and analytical devices shall be operated 
and maintained so that they perform to design specifications 
throughout the life of the monitoring program.  [8-17-94]

F.	The number, spacing, and depths of monitoring systems 
shall be:

1.	based upon site-specific technical information that 
includes thorough characterization of:
a.	aquifer thickness, ground water flow rate, flow 
direction including seasonal and temporal fluctuations in ground 
water flow; and

b.	saturated and unsaturated geologic units and 
fill materials overlying the uppermost aquifer, materials 
comprising the uppermost aquifer; and materials comprising the 
confining unit defining the lower boundary of the uppermost 
aquifer; including, but not limited to: thicknesses, 
stratigraphy, lithology, hydraulic conductivities, porosities, 
and effective porosities.

2.	certified by a qualified ground water scientist and 
approved by the Secretary.  Within 14 days of this certification, 
the owner or operator shall notify the Secretary that the 
certification has been placed in the operating record.

[8-17-94]

G.	Vadose zone monitoring or leak detection systems if 
approved for use by the Secretary shall include:

1.	direct and indirect monitoring techniques such as:

a.	permanent geophysical monitoring stations such 
as those which utilize access tubes for neutron moderation 
instrumentation, time domain reflectometry (TDR) probes, 
capacitance probes or other permanently installed devices;

b.	nested piezometers when used for monitoring 
perched water or locally saturated portions of the vadose zone; 

c.	soil gas measurements;

d.	lysimeters;

e.	electronic leak detectors; and

f.	other devices or methods as approved by the 
Secretary;

2.	an adequate frequency of testing and a sufficient 
number of sampling points at appropriate locations and depths to 
determine a change in soil characteristics; and

3.	an action plan that addresses potential vadose zone 
contamination and the sources of the contamination.

[8-17-94]

803.	GROUND WATER SAMPLING AND ANALYSIS.  [8-17-94]

A.	The ground water monitoring program shall include 
consistent sampling and analysis procedures that are designed to 
ensure monitoring results that provide an accurate representation 
of ground water quality at the upgradient and downgradient wells. 
The owner or operator shall notify the Secretary that the 
sampling and analysis program documentation has been placed in 
the operating record.  The program shall include procedures and 
techniques for:

1.	sample collection;

2.	sample preservation and shipment;

3.	analytical procedures;

4.	chain of custody control; and

5.	quality assurance and quality control.

[8-17-94]

B.	The ground water monitoring program shall include 
sampling and analytical methods that are appropriate for ground 
water sampling and that accurately measure hazardous constituents 
and other monitoring parameters in ground water samples.  Ground 
water samples shall not be field-filtered prior to laboratory 
analysis unless allowed under 40 CFR Part 258 and approved by the 
Secretary. Ground water sampling shall be conducted in accordance 
with the  RCRA Ground Water Monitoring:  Draft Technical Guidance 
unless otherwise approved by the Secretary.  [8-17-94]

C.	Ground water elevations shall be measured within one-
hundredth of a foot in each well immediately prior to purging, 
each time ground water is sampled. The owner or operator shall 
determine the rate and direction of ground water flow each time 
ground water is sampled.  Ground water elevations in wells which 
monitor the same waste management area shall be measured within a 
period of time short enough to avoid temporal variations in 
ground water flow which could preclude accurate determination of 
ground water flow rate and direction.  [8-17-94]

D.	The owner or operator shall establish background ground 
water quality in a hydraulically upgradient or background well(s) 
for each of the monitoring parameters or constituents required in 
the particular ground water monitoring program that applies to 
the landfill. Background ground water quality may be established 
at wells that are not located hydraulically upgradient from the 
landfill if it meets the requirements of this Subpart.  [8-17-94; 
11-30-95]
E.	The number of samples collected to establish ground 
water quality data shall be consistent with the appropriate 
statistical procedures determined pursuant to this Subpart.  
[8-17-94; 11-30-95]

F.	The owner or operator shall specify in the operating 
record the following statistical method:

1.	a comparison using a t-interval or t-test with a 
Type I error level of no less than 0.01 shall be made between the 
established background concentration and any subsequent sample 
analysis results for each parameter or constituent from each 
individual well.

a.	background levels and concentrations shall be 
established for each parameter or constituent for each individual 
well from at least four independent samples during the first 
semiannual sampling event and at least one additional sample 
during the subsequent semi-annual sampling event.

b.	if the background concentration is below the 
practical quantitation limit (PQL), the PQL in Section 1100, 
Tables I, and II shall be used to establish background unless 
otherwise approved by Secretary.  A statistical method is not 
necessary for a comparison between the analytical results and the 
PQL.

2.	another method approved by the Secretary which 
meets the performance standards of 40 CFR Part 258.53(h).  A 
justification for this alternative must be placed in the 
operating record and must demonstrate the method meets the 
performance standards of 40 CFR Part 258.53(h).

[8-17-94]

G.	The owner or operator shall determine whether or not 
the Assessment Monitoring Level (AML) has been reached for each 
parameter required in the particular ground water monitoring 
program that applies to the landfill as determined in this 
Subpart;

1.	in determining whether the AML has been reached, 
the owner or operator shall compare the ground water quality of 
each parameter at each monitoring well to the background value of 
that constituent, according to the statistical procedures and 
performance standards specified in this part;

2.	within 90 days after completing sampling, the owner 
or operator shall determine whether the AML has been reached at 
each monitoring well and notify the Secretary.

[8-17-94; 11-30-95]
H.	Ground water documentation shall be submitted to the 
Secretary, for each sample, complying with the following 
reporting requirements:

1.	parameter;

2.	test method (EPA or equivalent) for each parameter;

3.	Ground Water Protection Standard for each 
parameter;

4.	Method Detection Limit (MDL) for each parameter;

5.	Practical Quantitation Limit (PQL)

6.	well number (lat/long);

7.	laboratory ID sample number;

8.	chain of custody documentation;

9.	date sampled;

10. date received at the laboratory;

11. date analysis commenced;

12. results, with parameter, CAS number, concentration 
with units, Ground Water Protection Standard, PQL, Qualifier Code 
(i.e.: J, B, U, etc.) well number and sample date on the same 
sheet;

13. sample preservation (filed data);

14. review (signature and date);

15. field blank results, trip blank results;

16. QA/QC summary report (laboratory blanks, spike 
recoveries, etc.); and

17. anomaly report (non-conformance with QA/QC plan, 
corrective actions, etc.).

[8-17-94]

804.	DETECTION MONITORING PROGRAM.  [8-17-94]

A.	Detection monitoring is required at landfills at all 
ground water wells unless suspended in accordance with Section 
801.C. A detection monitoring program shall include the 
monitoring for constituents listed in Section 1100, Table I. Upon 
EPA approval of the State Program in the Federal Register, after 
background concentrations have been established as required in 
803.F.1 for all Section 1100, Table I constituents, the Secretary 
may;

1.	delete any of the Section 1100, Table I monitoring 
parameters for a municipal landfill if it can be shown that the 
removed constituents are not reasonably expected to be in or 
derived from the waste contained in the landfill; and

2.	establish an alternate list of inorganic indicator 
parameters for a landfill in lieu of some or all of the heavy 
metals listed in Section 1100, Table I, if the alternative 
parameters provide a reliable indication of inorganic releases 
from the landfill to the groundwater.  In determining alternative 
parameters, the Secretary shall consider the following factors;

a.	the types, quantities, and concentrations of 
constituents in wastes managed at the landfill; 

b.	the mobility, stability, and persistence of 
waste constituents or their reaction products in the unsaturated 
earth zone beneath the landfill;

c.	the detectability of indicator parameters, 
waste constituents, and reaction products in the groundwater; and

d.	the concentrations or values and coefficients 
of variation of monitoring parameters or constituents in the 
groundwater background.

[8-17-94; 11-30-95]

B.	The monitoring frequency for all constituents listed in 
Section 1100, Table I or alternate constituent list approved by 
the Secretary under 804.A. shall be at least semiannually during 
the active life of the facility (including closure) and the post-
closure period;

1.	upon approval by the Secretary of an alternate 
constituent list under 804.A., the minimum frequency for all the 
constituents on Section 1100, Table I shall be at least once 
every five years in addition to the required frequencies for the 
alternate list.

2.	upon EPA approval of the State Program in the 
Federal Register, the Secretary may approve annual sampling after 
the first year based on the following factors:

a.	lithology of the aquifer and unsaturated zone;
b.	hydraulic conductivity of the aquifer and 
unsaturated zone;

c.	ground water flow rates;

d.	minimum distance between upgradient edge of the 
landfill and downgradient monitoring well screen (minimum 
distance of travel); and 

e.	resource value of the aquifer.

[8-17-94; 11-30-95]

C.	If the owner or operator determines that the AML has 
been reached for one or more of the constituents listed in 
Section 1100, Table I or alternate constituent list approved by 
the Secretary in 804.A, at any monitoring well, the owner or 
operator:

1.	shall, within 14 days of this finding, place a 
notice in the operating record indicating which constituents have 
shown AMLs, and notify the Secretary that this notice was placed 
in the operating record;

2.	shall establish, within 90 days of the finding, an 
assessment monitoring program meeting the requirements of this 
part except as provided for in this section;

3.	upon EPA approval of the State program in the 
Federal Register, the owner or operator may demonstrate that a 
source other than a landfill caused the contamination or that the 
AML resulted from error in sampling, analysis, statistical 
evaluation, or natural variation in ground water quality;

a.	a report documenting this demonstration shall  
be certified by a qualified ground water scientist and approved 
by the Secretary and be placed in the operating record;

b.	if a successful demonstration is made and 
documented, the owner or operator may continue detection 
monitoring as specified in this section; and

c.	if, after 90 days of the finding, a successful 
demonstration is not made, the owner or operator must initiate an 
assessment monitoring program as required in this Subpart.

[8-17-94; 11-30-95]

805.	ASSESSMENT MONITORING LEVELS.  [8-17-94]

A.	Assessment monitoring shall be required by the 
Secretary in the event that there is an increase in contaminants 
above the AML established for the facility in this Subpart as 
evidenced in the ground water quality monitoring data.  [8-17-94; 
11-30-95]

B.	Background water quality data submitted to the 
Secretary shall be used as the baseline for determination of 
AMLs.  If a constituent is not detected in the background water 
quality monitoring data, then the practical quantitation limits 
(PQLs), as specified in Table I and II of Section 1100, shall be 
used as the baseline. All monitoring data shall meet the PQLs for 
their respective constituents unless otherwise approved by the 
Secretary.  [8-17-94; 11-30-95]

C.	For all hazardous constituents, identified in Tables I 
and II of Section 1100, AMLs shall be based upon 50% of the 
groundwater protection standard.  [8-17-94; 11-30-95]

D.	If background concentrations of anthropogenic hazardous 
contaminants are above 50% of the ground water protection 
standards, then 50 percent of the ground water protection 
standards shall be used as the AMLs.  [8-17-94]

E.	If background  concentrations of non-anthropogenic 
hazardous constituents are above 50 percent of the ground water 
protection standards, then any statistically significant increase 
 above those background concentrations shall be used as the AMLs. 
 [8-17-94]

F.	If a ground water protection standard has not been 
established for a hazardous constituent, the AML shall be based 
upon a 95 percent increase over the PQL of the contaminant.  
[8-17-94]

G.	For constituents subject to aesthetic or irrigation 
standards, as identified in Table I of Section 1100, the AMLs 
shall be based upon 75 percent of the ground water protection 
standard, except pH, which shall be the ground water protection 
standard.  [8-17-94; 11-30-95]

H.	If background concentrations of anthropogenic aesthetic 
or irrigation contaminants are above 75 percent of the ground 
water protection standards, then 75 percent of the ground water 
protection standards shall be used as the AMLs.  [8-17-94]

I.	If background concentrations of non-anthropogenic 
aesthetic or irrigation constituents are above 75 percent of the 
ground water protection standards, then any statistically 
significant increase above those background concentrations shall 
be used as the AMLs.  [8-17-94]

J.	If more than one toxic pollutant, as defined by the New 
Mexico Water Quality Control Commission Regulations, is detected, 
the toxic pollutant criteria of the Commission Regulations for 
the combination of contaminants shall be used to determine the 
AMLs. However, this shall apply only in cases where such AMLs are 
more stringent than the AMLs determined under subsections B-I of 
this section.  [8-17-94]

806.	ASSESSMENT MONITORING.  [8-17-94]

A.	Assessment monitoring shall be done whenever the AML 
has been reached for one or more of Table I or alternate 
constituent list approved under 804.A.  [8-17-94]

B.	Within 90 days of the finding mandating an assessment 
monitoring program, and annually thereafter, the owner or 
operator shall sample and analyze the ground water for all 
constituents of Section 1100, Table II for each downgradient 
well.  For any constituents detected in the downgradient wells as 
a result of the complete analysis, a minimum of four independent 
samples from each well (upgradient and downgradient) shall be 
collected and analyzed to establish background for the 
constituents within 120 days of mandating the assessment 
monitoring program.  [8-17-94; 11-30-95]

C.	Upon EPA approval of the State program in the Federal 
Register, the Secretary may specify an alternative frequency or 
subset of wells for repeated sampling during the active life and 
post-closure care of the unit considering the following:

1.	lithology of the aquifer and unsaturated zone;

2.	hydraulic conductivity of the aquifer and 
unsaturated zone;

3.	ground water flow rate;

4.	minimum distance between upgradient edge of the 
facility and downgradient monitoring well screen;

5.	resource value of the aquifer; and 

6.	nature of any constituents detected in response to 
this section.

[8-17-94]

D.	After obtaining the results from the required sampling 
of this section, the owner or operator shall:

1.	notify the Secretary and place in the operating 
record within 14 days of any constituents that have been 
detected;

2.	within 90 days and at least semiannually, resample 
all wells and analyze for all constituents in Table I and any in 
Table II that have been detected. Upon EPA approval of the State 
program in the Federal Register, the Secretary may specify an 
alternate monitoring frequency but no less than annually during 
the active life and post-closure care period;

3.	establish background concentrations for any 
constituents detected pursuant to paragraphs B or D.2 of this 
section; and 

4.	establish ground water protection standards for all 
constituents detected pursuant to paragraphs B or D of this 
section.

[8-17-94]

E.	If the concentration of all Table I and II constituents 
are shown to be at or below AML after two sampling events, the 
owner or operator shall notify the Secretary and may return to 
detection monitoring.  [8-17-94]

F.	If the concentration of any constituent in Table I and 
II is above AML, but below the corrective action level (CAL), the 
owner or operator shall continue assessment monitoring in 
accordance with this section.  [8-17-94]

G.	If one or more Table I and II constituents are detected 
above the CALs in any sampling event, the owner or operator 
shall, within 14 days of this finding, notify the Secretary and 
all appropriate local government officials;

1.	the owner or operator shall also:

a.	characterize the nature and extent of the 
release by installing additional monitoring wells as necessary;

b.	install at least one additional monitoring well 
at the facility boundary in the direction of contaminant 
migration and sample this well in accordance with this section; 

c.	notify all persons who own the land or reside 
on the land that directly overlies any part of the plume of 
contamination if contaminants have migrated off site; and 
d.	initiate an assessment of corrective measures 
as required by Section 808 within 90 days; 

2.	the owner or operator may demonstrate that a source 
other than the facility caused the contamination, or that the 
increase resulted from error in sampling, analysis, statistical 
evaluation, or natural variation in ground water quality. A 
report documenting this demonstration shall be certified by a 
qualified ground water scientist and approved by the Secretary. 
If a successful demonstration is made in accordance with the 
assessment monitoring program the owner or operator may return to 
detection monitoring. Until a successful demonstration is made, 
the owner or operator shall comply with this Subpart including 
initiating an assessment of corrective action.

[8-17-94; 11-30-95]

H.	The owner or operator shall establish a ground water 
protection standard for each Table I and II constituent in 
Section 1100 detected in the ground water. The ground water 
protection standard shall be:

1.	for constituents for which a Maximum Contaminant 
Level (MCL) has been promulgated under Section 1412 of the Safe 
Drinking Water Act, 40 CFR part 141, the MCL for that 
constituent, unless a standard has been established under the New 
Mexico Water Quality Control Commission Regulations, in which 
case the more stringent of the two shall apply;

2.	for constituents for which MCLs or New Mexico Water 
Quality Control Commission Standards have not been promulgated, 
the background concentration for the constituent established from 
wells; or 

3.	for constituents for which the background level, 
which has not been affected by leakage from the landfill, is 
higher than the MCL or New Mexico Water Quality Control Standard 
identified under subsection H.1 of this section or health based 
levels identified under paragraph I of this section, the 
background concentration.

[8-17-94; 11-30-95]

I.	Upon EPA approval of the State program in the Federal 
Register, the Secretary may establish an alternative ground water 
protection standard for constituents for which MCLs or New Mexico 
Water Quality Control Commission Standards have not been 
established.  These ground water protection standards shall be 
appropriate health based levels that satisfy the following:

1.	the level is derived in a manner consistent with 
EPA guidelines for assessing the health risks of environmental 
pollutants;

2.	the level is based on scientifically valid studies 
conducted in accordance with the Toxic Substances Control Act 
Good Laboratory Practice Standards or equivalent;

3.	for carcinogens, the level represents a 
concentration associated with an excess lifetime cancer risk 
level within the 1x10-4 to 1x10-6 range; and

4.	for systemic toxicants, the level represents a 
concentration to which the human population could be exposed to 
on a daily basis that is likely to be without appreciable risk of 
deleterious effects during a lifetime.  For purposes of this 
subpart, systemic toxicants include toxic chemicals that cause 
effects other than cancer or mutation.

[8-17-94]

J.	Upon EPA approval of the State program in the Federal 
Register, in establishing ground water protection standards under 
Section 806.I, the Secretary may consider the following:

1.	multiple contaminants in the ground water;

2.	exposure threats to sensitive environmental 
receptors; and

3.	other site specific exposure or potential exposure 
to ground water.

[8-17-94]

807.	CORRECTIVE ACTION LEVELS.  [8-17-94]

A.	Corrective action shall be required by the Secretary in 
the event that there is an increase in contaminants above the 
corrective action level (CAL) established for the facility in 
this Subpart as evidenced in the ground water quality monitoring 
data.  [8-17-94; 11-30-95]

B.	Background water quality data submitted to the 
Secretary shall be used as the baseline for determination of 
CALs. If a constituent is not detected in the background water 
quality monitoring data, then the PQLs, as specified in Table I 
and II of Section 1100, shall be used as the baseline. All 
monitoring data shall meet the PQLs for their respective 
constituents unless otherwise approved by the Secretary.  
[8-17-94; 11-30-95]
C.	For all hazardous constituents, identified in Table I 
and II of Section 1100, CALs shall be based upon 75% of the 
ground water protection standard.  [8-17-94]

D.	If background concentrations of anthropogenic hazardous 
contaminants are above 75% of the ground water protection 
standards, then 75% of the ground water protection standards 
shall be used as the CALs.  [8-17-94]

E.	If background concentrations of non-anthropogenic 
hazardous constituents are above 75% of the ground water 
protection standards, then any statistically significant increase 
above those background concentrations shall be used as the CALs. 
 [8-17-94]

F.	For constituents subject to aesthetic or irrigation 
standards, as identified in Table I of Section 1100, the CALs 
shall be based upon the ground water protection standard.  
[8-17-94; 11-30-95]

G.	If background concentrations of anthropogenic aesthetic 
or irrigation contaminants exceed the ground water protection 
standards, then the ground water protection standards shall be 
used as the CALs.  [8-17-94]

H.	If background concentrations of non-anthropogenic or 
irrigation constituents exceed the ground water protection 
standards, then any statistically significant increase above 
those background concentrations shall be used as the CALs.  
[8-17-94]

I.	If more than one ground water contaminant affecting 
public health, welfare is present, the toxic pollutant criteria 
of the New Mexico Water Quality Control Commission Regulations 
for the combination of contaminants shall be used to determine 
the CALs. However, this shall apply only in cases when the CALs 
as determined under subsections B-H of this section are less 
stringent.  [8-17-94]

808.	ASSESSMENT OF CORRECTIVE MEASURES.  [8-17-94]

A.	Within 90 days of finding that any of the constituents 
listed in Table I and II have been detected exceeding CALs, the 
owner or operator shall initiate an assessment of corrective 
measures.  Such an assessment shall be completed within a 
reasonable period of time.  [8-17-94]

B.	The owner or operator shall continue to monitor in 
accordance with the assessment monitoring program as specified in 
Section 806.  [8-17-94]

C.	The assessment shall include an analysis of the 
effectiveness of potential corrective measures in meeting all of 
the requirements and objectives of the remedy as described in 
Section 809, addressing at least the following:

1.	the performance, reliability, ease of 
implementation, and potential impacts of appropriate potential 
remedies, including safety impacts, cross-media impacts and 
control of exposure to any residual contamination;

2.	the time required to begin and complete the remedy;

3.	the costs of remedy implementation; and 

4.	the institutional requirements for local permits or 
other environmental or public health requirements that may 
substantially affect implementation of the remedy(s).

[8-17-94]

D.	The owner or operator shall discuss the results of the 
corrective measures assessment, prior to the selection of remedy, 
in a public meeting with interested and affected parties.  
[8-17-94]

809.	SELECTION OF REMEDY.  [8-17-94]

A.	Based on the results of the corrective measures 
assessment conducted under Section 808, the owner or operator 
shall select a remedy that, at a minimum, meets the standards 
listed in this section.  [8-17-94]

B.	Remedies shall:

1.	be protective of public health, welfare and the 
environment;

2.	attain the CAL;

3.	control the source(s) of releases so as to reduce 
or eliminate, to the maximum extent practicable, further releases 
into the environment that may pose a threat to public health, 
welfare or the environment; and

4.	comply with standards for management of wastes as 
specified in Section 810.D.

[8-17-94]

C.	In selecting a remedy that meets the standards listed 
above, the owner or operator shall consider the following 
evaluation factors:

1.	the long and short term effectiveness and 
protectiveness of the potential remedy(s), along with the degree 
of certainty that the remedy will prove successful based on 
consideration of the following:

a.	magnitude of reduction of existing risks;

b.	magnitude of residual risks in terms of 
likelihood of further releases due to waste remaining following 
implementation of a remedy;

c.	the type and degree of long term management 
required, including monitoring, operation, and maintenance;

d.	short term risks that might be posed to the 
community, workers, or the environment during implementation of 
such a remedy, including potential threats to public health, 
welfare and the environment associated with excavation, 
transportation, and redisposal of containment;

e.	time until full protection is achieved;

f.	potential for exposure of humans and 
environmental receptors to remaining wastes, considering the 
potential threat to public health, welfare and the environment 
associated with excavation, transportation, redisposal, or 
containment;

g.	long term reliability of the engineering and 
institutional controls; and 

h.	potential need for replacement of the remedy.

2.	the effectiveness of the remedy in controlling the 
source to reduce the further releases based on consideration of 
the following factors:

a.	the extent to which containment practices will 
reduce further releases; and

b.	the extent to which treatment technologies may 
be used;

3.	the ease or difficulty of implementing a potential 
remedy(s) based on consideration of the following types of 
factors:

a.	degree of difficulty associated with 
constructing the technology;

b.	expected operational reliability of the 
technologies; 

c.	need to coordinate with and obtain necessary 
approvals and permits from other agencies;

d.	availability of necessary equipment and 
specialists; and 

e.	available capacity and location of needed 
treatment, storage, and disposal services;

4.	practicable capability of the owner or operator, 
including a consideration of the technical and economic 
capability; and

5.	the degree to which community concerns are 
addressed by potential remedies.

[8-17-94]

D.	The owner or operator shall specify as part of the 
selected remedy a schedule(s) for initiating and completing 
remedial activities.  Such a schedule shall require the 
initiation of remedial activities within a reasonable period of 
time taking into consideration the factors set forth in this 
section. The owner or operator shall consider the following 
factors in determining the schedule of remedial activities:

1.	extent and nature of contamination;

2.	practical capabilities of remedial technologies in 
achieving compliance with ground water protection standards and 
other objectives of the remedy;

3.	availability of treatment or disposal capacity for 
wastes managed during implementation of the remedy;

4.	desirability of utilizing technologies that are not 
currently available, but which may offer significant advantages 
over already available technologies in terms of effectiveness, 
reliability, safety, or ability to achieve remedial objectives;

5.	potential risks to public health, welfare and the 
environment from exposure to contamination prior to completion of 
the remedy;

6.	resource value of the aquifer including:

a.	current and future uses;

b.	proximity and withdrawal rate of users;

c.	ground water quantity and quality;

d.	the potential damage to wildlife, crops, 
vegetation, and physical structures caused by exposure to waste 
constituent;

e.	the hydrogeologic characteristic of the 
facility and surrounding land;

f.	ground water removal and treatment costs; and

g.	the cost and availability of alternative water 
supplies.

7.	practicable capability of the owner or operator; 
and 

8.	other relevant factors.

[8-17-94]

E.	Upon EPA approval of the State program in the Federal 
Register, the Secretary may determine that remediation of a 
release is not necessary if the owner or operator demonstrates to 
the satisfaction of the Secretary that:

1.	the ground water is additionally contaminated by 
substances that have originated from a source other than a 
landfill and those substances are present in concentrations such 
that the cleanup of the release would provide no significant 
reduction in risk to actual or potential receptors;

2.	the constituent(s) is present in ground water that: 

a.	is not currently or reasonably expected to be a 
source of drinking water or water to be used for agricultural 
purposes; and

b.	is not hydraulically connected with waters to 
which the hazardous constituents are migrating or are likely to 
migrate in a concentration(s) that would exceed the ground water 
protection standards established under Section 806;

3.	remediation of the release(s) is technically 
impracticable;
4.	remediation results in unacceptable cross media 
impacts;

5.	the ground water contamination originated from a 
source other than the landfill.

[8-17-94; 11-30-95]

F.	A determination by the Secretary pursuant to Subsection 
E of this section shall not affect the authority of the Secretary 
to require the owner or operator undertake source control 
measures or other measures that may be necessary to eliminate or 
minimize further releases to the ground water, to prevent 
exposure to the ground water to concentrations that are 
technically practicable and significantly reduce threats to 
public health, welfare or the environment.  [8-17-94]

810.	IMPLEMENTATION OF CORRECTIVE ACTION PROGRAM.  [8-17-94]

A.	Based on the schedule established under Section 809.D 
for initiation and completion of remedial activities the owner or 
operator shall:

1.	establish and implement a corrective action ground 
water monitoring program that:

a.	at a minimum, meets the requirements of an 
assessment monitoring program under Section 806;

b.	indicate the effectiveness of the corrective 
action remedy; and 

c.	demonstrate compliance with ground water 
protection standard;

2.	implement the corrective action remedy selected 
under section 809; and

3.	take any interim measures necessary to ensure the 
protection of public health, welfare and the environment. Interim 
measures should, to the greatest extent practicable, be 
consistent with the objectives of and contribute to the 
performance of any remedy that may be required pursuant to 
Section 809. The following factors shall be considered by an 
owner or operator in determining whether interim measures are 
necessary:

a.	time required to develop and implement a final 
remedy;

b.	actual or potential exposure of nearby 
populations or environmental receptors to hazardous constituents;

c.	actual or potential contamination of drinking 
water supplies or sensitive ecosystems;

d.	further degradation of the ground water that 
may occur if remedial action is not initiated expeditiously;

e.	weather conditions that may cause hazardous 
constituents to migrate or be released;

f.	risks of fire or explosion, or potential for 
exposure to hazardous constituents as a result of an accident or 
failure of a container or handling system; and 

g.	other situations that may pose threats to 
public health, welfare and the environment.

[8-17-94]

B.	An owner or operator may determine, based on 
information developed after implementation of the remedy has 
begun or other information, that compliance with requirements of 
Section 809.B are not being achieved through the remedy selected. 
In such cases, the owner or operator shall implement other 
methods or techniques that could practicably achieve compliance 
with the requirements, unless the owner or operator makes the 
determination under paragraph C of this section.  [8-17-94]

C.	If the owner or operator determines that compliance 
with requirements under Section 809.B cannot be practically 
achieved with any currently available methods, the owner or 
operator shall:

1.	obtain certification of a qualified ground water 
scientist and approval by the Secretary that compliance with 
requirements under Section 809.B cannot be practically achieved 
with any available methods;

2.	implement alternate measures to control exposure to 
residual contamination, as necessary, to protect public health, 
welfare and the environment; and

3.	implement alternate measures for control of the 
sources of contamination, or for removal or decontamination of 
equipment, units, devices, or structures that are:

a.	technically practicable; and

b.	consistent with the overall objective of the 
remedy;

4.	notify the Secretary within 14 days with a report 
justifying the alternative measures prior to implementing the 
alternative measures.

[8-17-94]

D.	All solid wastes that are managed pursuant to Section 
809, or an interim measure required under Subsection A.3 of this 
section, shall be managed in a manner which:

1.	is protective of public health, welfare and the 
environment; and 

2.	complies with applicable RCRA requirements.

[8-17-94]

E.	Remedies selected pursuant to Section 809 shall be 
considered complete when:

1.	the owner or operator complies with the ground 
water protection standards established under Section 806 at all 
points within the plume of contamination that lie beyond the 
ground water monitoring well system established under Section 
802; 

2.	compliance with the CALs established under Section 
806 has been achieved by demonstrating that concentrations of 
Table I and II constituents have not exceeded the CAL(s) for a 
period of three (3) consecutive years.  Upon EPA approval of the 
State program in the Federal Register, the Secretary may specify 
an alternative length of time during which the owner or operator 
shall demonstrate that concentrations of Table I and II 
constituents have not exceeded CAL(s) taking into consideration:

a.	extent and concentration of the release(s);

b.	behavior characteristics of the hazardous 
constituents in the ground water;

c.	accuracy of monitoring or modeling techniques, 
including any seasonal, meteorological, or other environmental 
variabilities that affect the accuracy; and 

d.	characteristics of the ground water; and

3.	all actions required to complete the remedy have 
been satisfied.

[8-17-94]

F.	Upon completion of the remedy, the owner or operator 
shall notify the Secretary within 14 days with a certification 
that the remedy has been completed in compliance with the 
requirements of paragraph E of this section.  The certification 
shall be signed by a qualified ground water scientist and 
approved by the Secretary.  [8-17-94]

G.	When, upon completion of the certification, the owner 
or operator determines that the corrective action remedy has been 
completed in accordance with the requirements under Subsection E 
of this section, the owner or operator shall be released from the 
requirements for financial assurance for corrective action under 
Subpart IX.  [8-17-94; 11-30-95]

811.	CONTINGENCY PLAN.  [1-30-92]

A.	This section applies to owners and operators of all 
solid waste facilities except as otherwise provided.  [1-30-92]

B.	Each owner or owner or operator shall have a 
contingency plan for each solid waste facility.  The contingency 
plan shall be designed to minimize hazards to public health, 
welfare or the environment from fires, explosions, or any 
unplanned sudden or non-sudden release of contaminants or 
hazardous waste constituents to air, soil, surface water or 
ground water.  [1-30-92; 8-17-94]

C.	The provisions of the plan shall be carried out 
immediately whenever there is a fire, explosion, or release of 
contaminants or hazardous waste constituents which could threaten 
public health, welfare or the environment.  [1-30-92; 8-17-94]

D.	The contingency plan for emergencies shall, if 
applicable:

1.	describe the actions facility personnel must take 
in response to fires, explosions, or releases of contaminants or 
hazardous waste constituents to air, soil, surface water, or 
ground water;

2.	describe arrangements with local police 
departments, fire departments, hospitals, contractors, and state 
and local emergency response teams to coordinate emergency 
services;

3.	list name(s), address(es), and phone numbers 
(office and home) of the emergency coordinator(s). Where more 
than one person is listed, one must be named as the primary 
emergency coordinator;

4.	include a list of all emergency equipment at the 
facility (such as fire extinguishing systems, spill control 
equipment, communications and alarm systems and decontamination 
equipment), where this equipment is required. This list must be 
kept up to date. In addition, the plan must include the location 
and a physical description of each item on the list and a brief 
outline of its capabilities;

5.	include an evacuation plan for facility personnel. 
The plan must describe signal(s) to be used to begin evacuation, 
evacuation routes, and alternate evacuation routes in cases where 
the primary routes could be blocked by fire or releases of 
hazardous wastes;

6.	include an evaluation of expected contaminants, 
expected media contaminated, and procedures for investigation, 
containment, and correction or remediation;

7.	list where copies of the contingency plan will be 
kept, which must include the facility, all local police 
departments, fire departments, hospitals, and State and local 
emergency response teams;

8.	indicate when the contingency plan will be amended, 
which shall be immediately if necessary, whenever:

a.	the facility permit is revised or modified;

b.	the plan fails in an emergency;

c.	the facility changes, design, construction, 
operation, maintenance or other circumstances in a way that 
increase the potential for fires, explosions, or releases of 
hazardous waste constituents, or changes the response necessary 
in an emergency;

d.	the list of Emergency Coordinators changes; or

e.	the list of emergency equipment changes.

9.	describe how the Emergency Coordinator or his 
designee, whenever there is an imminent or actual emergency 
situation, will immediately;

a.	activate internal facility alarms or 
communication systems, where applicable, to notify all facility 
personnel; and
b.	notify appropriate State and local agencies 
with designated response roles if their help is needed.

10. describe how the Emergency Coordinator, whenever 
there is a release, fire, or explosion, will immediately identify 
the character, exact source, amount, and extent of any release 
materials.  She or he may do this by observation or review of 
facility records or manifests, and, if necessary, by chemical 
analysis. Also describe how the Emergency Coordinator will 
concurrently assess possible hazards to public health, welfare or 
the environment that may result from the release, fire, or 
explosion. This assessment must consider both the direct and 
indirect hazard of the release, fire, or explosion;

11. describe how if the facility stops operations in 
response to fire, explosion, or release, the Emergency 
Coordinator will monitor for leaks, pressure buildup, gas 
generation or rupture in valves, pipes, or the equipment, 
wherever this is appropriate;

12. describe how the Emergency Coordinator, immediately 
after an emergency, will provide for treating, storing, or 
disposing of recovered waste, or any other material that results 
from a release, fire, or explosion at a facility. Such methods 
for treating, storing, or disposing of recovered waste must be 
approved by the Secretary; and

13. describe how the Emergency Coordinator will ensure 
that no waste, which may be incompatible with the released 
material, is treated, stored, or disposed of until cleanup 
procedures are complete.

[1-30-92; 8-17-94]

812. - 899.  [RESERVED.]


	SUBPART IX
	FINANCIAL ASSURANCE

900.	[RESERVED.]

901. 	APPLICABILITY AND EFFECTIVE DATE.  [8-17-94]

A.	The requirements of this Subpart apply to owners and 
operators of all solid waste facilities, except owners and 
operators who are the United States, the State of New Mexico, and 
any agency, department, instrumentality, office, or institution 
of those governments whose debts and liabilities are the debts 
and liabilities of the United States or the State of New Mexico. 
 [8-17-94; 11-30-95]
B.	The requirements of this Subpart are effective upon the 
earliest of:

1.	when an owner or operator seeks a permit;

2.	when an owner or operator seeks a permit to modify 
their facility;

3.	when the Secretary has requested a permit 
application; or

4.	when the date for compliance with financial 
assurance provisions established in 40 CFR 258.70, Subpart G - 
Financial Assurance Criteria, takes effect.

[8-17-94; 11-30-95]

C.	Multiple facilities under one permit shall be treated 
individually for the purposes of this Subpart.  Estimates and 
assurance must be given for each facility, yet multiple 
facilities may be covered by one or more mechanisms.  [8-17-94; 
11-30-95]

902. 	FINANCIAL ASSURANCE FOR CLOSURE.  [8-17-94]

A.	The owner or operator must have a detailed written 
estimate, in current dollars, of the cost of hiring a third party 
to close the largest area of the facility ever requiring closure 
as required under Subpart V at any time during the active life in 
accordance with the closure plan.  The estimate may contain a 
subsidiary schedule showing the amount necessary to perform 
closure of  the facility in each year of the permit life of the 
facility. The owner or operator must place a copy of the estimate 
in the operating record and file the same with the Secretary.

1.	For landfills, the cost estimate must equal the 
cost of closing the largest area of all landfill cells ever 
requiring a final cover at any time during the active life when 
the extent and manner of its operation would make closure the 
most expensive, as indicated by its closure plan (see Section 502 
of this Part). Should the owner or operator submit a subsidiary 
schedule as described in paragraph A of this section, the amount 
guaranteed annually may be in accordance with this schedule upon 
approval by the Secretary. If the owner or operator, upon 
inspection, is found to be utilizing acreage in excess of the 
amount shown in the subsidiary schedule, final closure on the 
excess acreage must be completed within sixty days or the 
subsidiary schedule and the amount of financial assurance must be 
increased to reflect the excess acreage. 

2.	For all other facilities, the cost estimate must 
equal the cost of closure to be performed in accordance with the 
applicable portions of Sections 503, 504, or 505.

3.	During the active life of the facility, the owner 
or operator must annually adjust the closure cost estimate for 
inflation.

4.	The owner or operator must increase the closure 
cost estimate and the amount of financial assurance provided 
under paragraph C of this section if changes to the closure plan 
or facility conditions increase the maximum cost of closure at 
any time during the remaining active life.

5.	The owner or operator may reduce the closure cost 
estimate and the amount of financial assurance provided under 
paragraph C of this section if the cost estimate exceeds the 
maximum cost of closure at any time during the remaining life of 
the facility, upon approval by the Secretary.  The owner or 
operator must notify the Secretary that the justification for the 
reduction of the closure cost estimate and the amount of 
financial assurance has been placed in the operating record.

[8-17-94; 11-30-95]

B.	All estimates provided pursuant to this section are 
subject to review and approval by the Secretary and shall be kept 
on file with the Secretary.  [8-17-94]

C.	The owner or operator of each solid waste facility must 
establish financial assurance for closure of the facility in 
compliance with Section 906. The owner or operator must provide 
continuous coverage for closure until released from financial 
assurance requirements by demonstrating compliance with 
Subpart V. This demonstration shall be considered given when the 
Secretary has received certification that all the requirements of 
Subpart V of this Part have been met.  Following receipt of this, 
the Secretary will either:

1.	notify the owner or operator in writing that s/he 
is no longer required to maintain financial assurance for the 
activities required by Subpart V; or

2.	provide the owner or operator with a detailed 
written statement of any reason to believe that the activities 
required under Subpart V have not been conducted satisfactorily.

[8-17-94; 11-30-95]

D.	Owners or operators who consider their estimates 
provided under this section to be confidential under 18 U.S.C. 
Section 1905, may submit their reasons for this treatment along 
with the estimate. Upon a determination that confidential 
treatment is accorded, the Secretary will treat the appropriate 
portions as confidential. Such information, however, may be 
disclosed as required by law.  [8-17-94]

903. 	FINANCIAL ASSURANCE FOR POST-CLOSURE.  [8-17-94]

A.	The owner or operator must have a detailed written 
estimate, in current dollars, of the cost of hiring a third party 
to conduct post-closure care for the facility in compliance with 
the post-closure care plan developed under Subpart V of this 
Part.  The post-closure cost estimate used to demonstrate 
financial assurance in paragraph C of this section must account 
for the total costs of conducting post-closure care, including 
annual and periodic costs as described in the post-closure plan 
over the entire post-closure care period. The owner or operator 
may submit a subsidiary schedule showing, for the permit life of 
the facility, the annual incremental acreage and total acreage 
needing post-closure care and the corresponding estimate of post-
closure costs. The owner or operator must notify the Secretary 
that the estimate has been placed in the operating record and 
file the same with the Secretary.

1.	The cost estimate for post-closure care must be 
based on the most expensive costs for post-closure care during 
the post-closure care period.  Should the owner or operator 
submit a subsidiary schedule as described in paragraph A of this 
section, the amount guaranteed annually for post-closure care 
during the permit life of the facility may be in accordance with 
this schedule upon approval by the Secretary. If the owner or 
operator, upon inspection, is found to have exceeded the acreage 
shown on the subsidiary schedule, the subsidiary schedule and the 
amount of financial assurance shall be increased within sixty 
days. 

2.	During the permit life of the facility and during 
the post-closure care period, the owner or operator must annually 
adjust the post-closure care estimate for inflation.

3.	The owner or operator must increase the post-
closure care cost estimate and the amount of financial assurance 
provided under paragraph C of this section if changes in the 
post-closure care plan or facility conditions increase the 
maximum cost of post-closure care.

4.	The owner or operator may reduce the post-closure 
cost estimate and the amount of financial assurance provided 
under paragraph C of this section if the cost estimate exceeds 
the maximum cost of post-closure care remaining over the post-
closure care period, upon approval by the Secretary. The owner or 
operator must notify the Secretary that the justification for the 
reduction of the post-closure cost estimate and the amount of 
financial assurance have been placed in the operating record.

[8-17-94; 11-30-95]

B.	All estimates provided pursuant to this section are 
subject to review and approval by the Secretary and shall be kept 
on file with the Secretary.  [8-17-94]

C.	The owner or operator of each solid waste facility must 
establish, in a manner in accordance with Section 906 of this 
Part, financial assurance for the costs of post-closure care as 
required under Subpart V of this Part.  The owner or operator 
must provide continuous coverage for post-closure care until 
released from financial assurance requirements by demonstrating 
compliance with Subpart V. This demonstration shall be considered 
given when the Secretary has received certification that all the 
requirements of Subpart V of this Part have been met.  Following 
receipt of this, the Secretary will either:

1.	notify the owner or operator in writing that s/he 
is no longer required to maintain financial assurance for the 
activities required by Subpart V; or

2.	provide the owner or operator with a detailed 
written statement of any reason to believe that the activities 
required under Subpart V have not been conducted satisfactorily.

[8-17-94; 11-30-95]

D.	Owners or operators who consider their estimates 
provided under this section to be confidential under 18 U.S.C. 
Section 1905, may submit their reasons for this treatment along 
with the estimate.  Upon a determination that confidential 
treatment is accorded, the Secretary will treat the appropriate 
portions as confidential. Such information, however, may be 
disclosed as required by law.  [8-17-94]

904.	FINANCIAL ASSURANCE FOR PHASE I & PHASE II ASSESSMENT.  
[8-17-94]

A.	Unless suspended from the requirements of Subpart VIII 
according to the qualifications in 801.C., the owner or operator 
must have a detailed written estimate, in current dollars, of the 
cost of hiring a third party to conduct activities of the Phase I 
(Section 806) and Phase II (Sections 808 and 809) assessment as 
described in Subpart VIII of this Part.  The Phase I and Phase II 
assessment costs estimate must account for the entire cost of the 
Phase I and Phase II assessment for the entire assessment period. 
The owner or operator must notify the Secretary that the estimate 
has been placed in the operating record and file the same with 
the Secretary.

1.	During the permit life of the facility and during 
the post-closure care period, the owner or operator must annually 
adjust the Phase I and Phase II assessment estimate for 
inflation.

2.	The owner or operator must increase the Phase I and 
Phase II cost estimate and the amount of financial assurance 
provided under paragraph C of this section if changes in the 
Phase I and Phase II assessment or facility conditions increase 
the maximum costs of Phase I and Phase II assessment.

3.	The owner or operator may reduce the amount of the 
Phase I and Phase II assessment cost estimate and the amount of 
financial assurance provided under paragraph C of this section if 
the cost estimate exceeds the maximum remaining cost for the 
Phase I and Phase II assessment, upon approval by the Secretary. 
The owner or operator must notify the Secretary that the 
justification for the reduction of the Phase I and Phase II 
assessment cost estimate and the amount of financial assurance 
have been placed in the operating record.

[8-17-94; 11-30-95]

B.	All estimates provided pursuant to this section are 
subject to review and approval by the Secretary and shall be kept 
on file with the Department.  [8-17-94]

C.	The owner or operator of each solid waste facility must 
establish, in a manner in accordance with Section 906 of this 
Part, financial assurance for the costs of Phase I and Phase II 
assessment care as required under Subpart VIII of this Part.  The 
owner or operator must provide continuous coverage for the Phase 
I and Phase II assessment until released from financial assurance 
requirements by demonstrating compliance with Subpart V of this 
Part.  This demonstration shall be considered given when the 
Secretary has received certification that all the requirements of 
Subpart V of this Part have been met. Following receipt of this, 
the Secretary will either:

1.	notify the owner or operator in writing that s/he 
is no longer required to maintain financial assurance for the 
Phase I and Phase II assessment specified in Subpart VIII; or

2.	notify the owner or operator in writing of any 
reason why s/he will be required to maintain financial assurance 
for the Phase I and Phase II assessment specified in 
Subpart VIII.

[8-17-94; 11-30-95]

D.	Owners or operators who consider their estimates 
provided under this section to be confidential under 18 U.S.C. 
Section 1905, may submit their reasons for this treatment along 
with the estimate.  Upon a determination that confidential 
treatment is accorded, the Secretary will treat the appropriate 
portions as confidential. Such information, however, may be 
disclosed to officers, employees, or authorized representatives 
of the United States concerned with carrying out the federal 
Resource Conservation and Recovery Act of 1976, 42 U.S.C. 6902 et 
seq., or when relevant in any proceedings under the Solid Waste 
Act.  [8-17-94]

905. 	FINANCIAL ASSURANCE FOR CORRECTIVE ACTION.  [8-17-94]

A.	An owner or operator of a facility required to 
undertake a corrective action program under Subpart VIII of this 
Part must have a detailed written estimate, in current dollars, 
of the cost of hiring a third party to perform the corrective 
action in accordance with the program required under Subpart VIII 
of this Part.  The corrective action cost estimate must account 
for the total costs of corrective action activities as described 
in the corrective action plan for the entire corrective action 
period. The owner or operator must notify the Secretary that the 
estimate has been placed in the operating record and file the 
same with the Secretary.

1.	The owner or operator must annually adjust the 
estimate for inflation until the corrective action program is 
completed in accordance with Subpart VIII of this Part.

2.	The owner or operator must increase the corrective 
action cost estimate and the amount of financial assurance 
provided under paragraph D of this section if changes in the 
corrective action program or facility conditions increase the 
maximum costs of corrective action.

3.	The owner or operator may reduce the amount of the 
corrective action cost estimate and the amount of financial 
assurance provided under paragraph D of this section if the cost 
estimate exceeds the maximum remaining cost corrective action, 
upon approval by the Secretary.  The owner or operator must 
notify the Secretary that the justification for the reduction of 
the corrective action cost estimate and the amount of financial 
assurance have been placed in the operating record.

[8-17-94; 11-30-95]

B.	An owner or operator of a facility required to 
guarantee any portion of a corrective action program as a 
condition of any permit or decision by the Secretary based upon 
factual information presented in an adjudicatory hearing process, 
must have a detailed written estimate, in current dollars, of the 
cost of hiring a third party to perform the corrective action in 
accordance with the conditions of the permit or the Secretary's 
decision.  The corrective action cost estimate must account for 
the total costs of the corrective action activities as described 
in the permit condition or the Secretary's decision.  The owner 
or operator must notify the Secretary that the estimate has been 
placed in the operating record and file the same with the 
Secretary.

1.	The owner or operator must annually adjust the 
estimate for inflation until the corrective action program is 
completed in accordance with Subpart VIII of this Part.

2.	The owner or operator must increase the corrective 
action cost estimate and the amount of financial assurance 
provided under paragraph D of this section if changes in the 
corrective action program or facility conditions increase the 
maximum costs of corrective action.

3.	The owner or operator may reduce the amount of the 
corrective action cost estimate and the amount of financial 
assurance provided under paragraph D of this section if the cost 
estimate exceeds the maximum remaining cost corrective action, 
upon approval by the Secretary.  The owner or operator must 
notify the Secretary that the justification for the reduction of 
the corrective action cost estimate and the amount of financial 
assurance have been placed in the operating record.

[8-17-94; 11-30-95]

C.	All estimates provided pursuant to this section are 
subject to review and approval by the Secretary and shall be kept 
on file with the Secretary.  [8-17-94; 11-30-95]

D.	The owner or operator of each solid waste facility 
required to provide assurance for a corrective action program 
under Subpart VIII of this Part must establish, in a manner in 
accordance with Section 906 of this Part, financial assurance for 
the most recent corrective action program or if required as a 
condition of a permit or a decision by the Secretary  based upon 
factual information presented in an adjudicatory hearing process. 
The owner or operator must provide continuous coverage for 
corrective action until released from financial assurance 
requirements by demonstrating compliance with Subpart VIII in the 
event of a corrective action or with Subpart V at the termination 
of the post-closure period. This demonstration shall be 
considered given when the Secretary has received certification 
that all the requirements of the appropriate Subpart of this Part 
have been met.  Following receipt of this, the Secretary will 
either:

1.	notify the owner or operator in writing that s/he 
is no longer required to maintain financial assurance pursuant to 
this section; or

2.	notify the owner or operator in writing of any 
reason why s/he will be required to maintain financial assurance 
for the corrective action activities specified in Subpart VIII or 
specified as part of a decision by the Secretary pursuant to this 
section.

[8-17-94; 11-30-95]

906. 	ALLOWABLE MECHANISMS.  The mechanisms used to demonstrate 
financial assurance under this section must ensure that the funds 
necessary to meet the costs of closure, post-closure care, the 
Phase I and Phase II assessment, and corrective action for known 
releases, condition of a permit, or by order of the Secretary 
will be available whenever they are needed.  Owners or operators 
must choose from the options specified in paragraphs A through H 
of this section.  Mechanisms executed for financial assurance 
pursuant to this section shall be payable to or name the New 
Mexico governmental entity or entities who own or operate the 
facility(ies) as the beneficiary of the instrument, and if no New 
Mexico governmental entity or entities own or operate the 
facility(ies) then the instrument shall be made payable to or 
name the State of New Mexico as the beneficiary.  [8-17-94]

A.	Trust Fund.

1.	An owner or operator may demonstrate financial 
assurance for closure, post closure, the Phase I and Phase II 
assessment, or corrective action by establishing a Trust fund  
worded as in the forms supplied by the Secretary (see Section 
1102).  This Trust fund may also be used as a repository for 
funds received from other mechanisms specified in this section. 
The Trust shall be established as follows:

a.	Payments into the Trust fund must be made at 
least annually but may be made on a more frequent basis by the 
owner or operator over the term of the initial permit or over the 
remaining life of the facility, whichever is shorter, in the case 
of a Trust fund for closure, post closure, or the Phase I and 
Phase II assessment, or over one-half of the estimated length of 
the corrective action period for known releases, or in the time 
period specified by the permit condition or the Secretary's 
decision.  This period is referred as the pay-in period.

b.	For a Trust fund used to demonstrate financial 
assurance for closure, post closure, and the Phase I and Phase II 
assessment, the first payment into the fund must be at least 
equal to the current cost estimate approved by the Secretary for 
closure, post closure, or the Phase I and Phase II assessment 
divided by the number of years in the pay-in period as defined in 
paragraph A.1.(a) of this section. The amount of subsequent 
payments must be determined by the following formula:

    CE-CV
Next Payment =    -------------
 Y

where CE is the current cost estimate for closure, post closure, 
or the Phase I and Phase II assessment (updated for inflation or 
other changes), CV is the current value of the Trust fund, and Y 
is the number of years remaining in the pay-in period.

c.	For a Trust fund used to demonstrate financial 
assurance for corrective action, the first payment into the Trust 
fund must be at least equal to one-half of the current cost 
estimates approved by the Secretary for corrective action divided 
by the number of years in the corrective action pay-in period as 
defined in paragraph A.1.(a) of this section. The amount of 
subsequent payments must be determined by the following formula:

          R-C
Next Payment =    -------------
      Y

where R is the most recent estimate of the required Trust fund 
balance for corrective action (i.e. the total costs that will be 
incurred during the second half of the corrective action period, 
if for a known release; the remaining costs of the portion 
specified as a condition of a permit or decision by the 
Secretary), C is the current value of the Trust fund, and Y is 
the number of years remaining on the pay-in period.

d.	The initial payment into the Trust fund must be 
made before the initial receipt of waste or before the effective 
date of this section, whichever is later, in the case of closure, 
post  closure, and the Phase I and Phase II assessment, or no 
later than 120 days after the corrective action remedy has been 
selected in accordance with Subpart VIII, the permit issuance, or 
the Secretary's decision.
e.	If the owner or operator establishes a Trust 
fund after having used one or more alternate mechanisms specified 
in this section, the initial payment into the Trust fund must be 
at least equal the amount that the fund would contain if the 
Trust fund were established initially and annual payments made 
according to the specifications of this paragraph.

f.	The owner or operator, or other person 
authorized to conduct closure, post closure care, the Phase I and 
Phase II assessment, or corrective action activities may request 
reimbursement from the Trust for these expenditures. Unless there 
is an imminent  threat to public health, welfare and safety or 
the environment, or undue economic hardship would delay the 
implementation or cease the  maintenance of the corrective action 
program, requests for reimbursement will be granted by the 
Secretary only if sufficient funds are remaining in the Trust 
fund to cover the remaining costs of closure, post closure, the 
Phase I and Phase II assessment, or corrective action, and if 
justification and documentation of the cost is filed with the 
Secretary and placed in the operating record. Withdrawal of any 
funds from the Trust shall be directed in writing to the Trustee 
by the Secretary.

g.	The Trust fund may be terminated by the owner 
or operator only if the owner or operator substitutes alternate 
financial assurance as specified in this section or if s/he is no 
longer required to demonstrate financial responsibility in 
accordance with the requirements of  Sections  902.C, 903.C, 
904.C, or 905.D.

h.	Trustees shall be Trust companies, or banks 
authorized to do business as a Trust company in New Mexico under 
the Trust Company Act, NMSA 1978 Section 58-9-4 or 58-10-35, or 
authorized under Federal law.

2.	A copy of the Trust agreement, quarterly and annual 
reports of the Trustee on the Trust fund balance shall be kept on 
file with the Secretary.

[8-17-94; 11-30-95]

B.	Surety Bond Guaranteeing Payment or Performance.

1.	An owner or operator may demonstrate financial 
assurance for closure, post closure, the Phase I and Phase II 
assessment, or corrective action by obtaining a Performance Bond 
payable to the Trust outlined in 905.A, or payable to a standby 
Trust fund set up by the owner or operator and worded as in the 
forms supplied by the Secretary (see Sections 1102, 1103, and 
1104,).  The bond must be effective before the initial receipt of 
waste or before the effective date of this section as specified 
in 901.B, whichever is later, in the case of closure, post 
closure, and the Phase I and Phase II assessment, or no later 
than 120 days after the corrective action remedy has been 
selected in accordance with the requirements of Subpart VIII, the 
permit issuance, or the Secretary's decision.  The owner or 
operator must notify the Secretary that a copy of the bond has 
been placed in the operating record and file the same with the 
Secretary. Companies providing Performance Bonds shall be 
admitted carriers, licensed carriers, or registered carriers of 
surplus lines insurance and  authorized in the State of New 
Mexico to do business and be among those listed as acceptable 
sureties on Federal bonds in Circular 570 of the U.S. Department 
of the Treasury;

a.	The penal sum of the bond must be in an amount 
at least equal to the current closure, post closure, the Phase I 
and Phase II assessment, or corrective action cost estimate 
except as provided under 906.I.

b.	Under the terms of the bond, the surety will 
become liable on the bond obligation when the owner or operator 
fails to perform as guaranteed by the bond.

c.	Payments made under the terms of the bond will 
be deposited by the surety directly into the Trust fund or 
standby Trust fund.  Payments from the Trust fund must be 
approved by the Secretary.

2.	A copy of the Performance Bond, the latest annual 
financial statement of the Surety, and the Trust agreement or the 
standby Trust agreement shall be kept on file with the Secretary.

[8-17-94; 11-30-95]

C.	Irrevocable Letter of Credit.

1.	An owner or operator may demonstrate financial 
assurance for closure, post closure, the Phase I and Phase II 
assessment, or corrective action by obtaining an irrevocable 
standby letter of credit worded as in the forms supplied by the 
Secretary (see Section 1107) payable to the Trust outlined in 
905.A or payable to a standby trust fund established in 
conformity to the requirements of this Subpart.  A letter of 
credit shall not constitute more than fifty percent (50%) of the 
total financial responsibility required. The letter of credit 
must be effective before the initial receipt of waste or before 
the effective date of this Subpart, whichever is later, in the 
case of closure, post-closure, and the Phase I and Phase II 
assessment, or no later than 120 days after the corrective action 
remedy has been selected in accordance with Subpart VIII, the 
permit issuance, or the Secretary's decision. The owner or 
operator must notify the Secretary that a copy of the letter of 
credit has been placed in the operating record. The issuing 
institution must be an entity which has the authority to issue 
letters of credit and whose letter of credit operations are 
regulated and examined by a Federal or State of New Mexico 
agency. At a minimum, the issuing institution must be authorized 
to transact business in the State of New Mexico.

2.	A letter from the owner or operator referring to 
the letter of credit by number, issuing institution, issue date, 
and providing the name and address of the facility, and the 
amount of funds assured, must be included with the letter of 
credit in the operating record.

3.	The institution issuing the letter of credit shall 
be an institution with assets of at least one billion dollars 
($1,000,000,000).  If the issuing institution is less than this 
amount in assets, the letter of credit must be fully 
collateralized by the owner or operator to be acceptable under 
this section.

4.	The letter of credit must be irrevocable and issued 
for a period of at least one year in an amount for the current 
cost estimate for closure, post-closure care, or corrective 
action, whichever is applicable.  The letter of credit must 
provide that the expiration date will be automatically extended 
for a period of at least one year unless the issuing institution 
has canceled the letter of credit by sending notice of 
cancellation by certified mail to the owner or operator and to 
the Secretary 120 days in advance of cancellation.  If the letter 
of credit is canceled by the issuing institution, the owner or 
operator must obtain alternate financial assurance.

5.	The Trust fund or standby Trust fund set up by the 
owner or operator shall be worded as in the forms supplied by the 
Secretary (see Sections 1102 and 1104).

a.	The letter of credit shall provide for 
performance of any of the items listed in 902, 903,  904, or 905 
by the payment into the Trust fund or standby Trust Fund of 
amounts up to the total in the event that the owner or operator 
fails to perform any or all of the requirements.

6.	The owner or operator may cancel the letter of 
credit only if alternate financial assurance is substituted as 
specified in this section or if the owner or operator is no 
longer required to demonstrate financial responsibility in 
accordance with the requirements of this Subpart.

7.	A copy of the letter of credit, the latest annual 
financial statement of the issuing institution, and the Trust 
fund or standby Trust fund agreement shall be kept on file with 
the Secretary.

[8-17-94; 11-30-95]

D.	Insurance.

1.	An owner or operator may demonstrate financial 
assurance for closure, post closure, or the Phase I and Phase II 
assessment by obtaining insurance which conforms to the 
requirements of this Subpart.  The insurance must be effective 
before the initial receipt of waste or before the effective date 
of this Subpart, whichever is later, in the case of closure, 
post-closure, and the Phase I and Phase II assessment, or no 
later than 120 days after the corrective action remedy has been 
selected in accordance with Subpart VIII, the permit issuance, or 
the Secretary's decision.  At a minimum, the insurer must be 
authorized to transact the business of insurance in the State of 
New Mexico and have an asset size of one hundred million dollars 
($100,000,000) or greater or an admitted carrier, a licensed 
carrier or a registered carrier of surplus lines insurance or 
reinsurance and authorized to transact the business of insurance 
in the State of New Mexico and have either a surplus of not less 
than twenty-five million dollars ($25,000,000) above undiscounted 
actuarial reserves including incurred but not reported (IBNR) 
claims, or have an AM BEST Rating of not less than a B+ or the 
equivalent rating of other recognized Rating Companies.  The 
owner or operator must notify the Secretary that a copy of the 
insurance policy has been placed in the operating record.  A 
certificate of insurance worded as in the form supplied by the 
Secretary (see Section 1106) shall be filed with the Secretary.

2.	The closure, post-closure care insurance policy 
must guarantee that funds will be available to close the facility 
whenever final closure occurs or is required, or to provide post-
closure care for the facility whenever the post-closure care 
period begins, or to provide the Phase I and Phase II assessment 
whenever required, whichever is applicable.  The policy must also 
guarantee that once closure, post-closure care, or the Phase I 
and Phase II assessment begins, the insurer will be responsible 
for the paying out of funds to the owner or operator or other 
persons authorized to conduct closure or post-closure care, up to 
an amount equal to the face amount of the policy.

3.	The insurance policy must be issued for a face 
amount at least equal to the current cost estimate as developed 
in 902, 903, or 904 or for a pro-rata amount if used in 
conjunction with other mechanisms.  The term face amount means 
the total amount the insurer is obligated to pay under the 
policy. Actual payments by the insurer will not change the face 
amount, although the insurer's future liability will be lowered 
by the amount of the payments.

4.	An owner or operator, or any other person 
authorized to conduct closure, post-closure, the Phase I Phase II 
assessment may receive reimbursements for closure, post-closure, 
or the Phase I and Phase II assessment expenditures, whichever is 
applicable. Requests for reimbursement will be granted by the 
insurer only if the remaining value of the policy is sufficient 
to cover the remaining costs of care, and if justification and 
documentation of the cost is placed in the operating record and 
that reimbursement has been received.

5.	Each policy must contain a provision allowing 
assignment of the policy to a successor owner or operator.  Such 
assignment may be conditional upon consent of the insurer, 
provided that such consent is not unreasonably refused.

6.	The insurance policy must provide that the insurer 
may not cancel, terminate or fail to renew the policy except for 
failure to pay the premium.  The automatic renewal of the policy 
must, at minimum, provide the insured with the option of renewal 
at the face amount of the expiring policy. If there is a failure 
to pay the premium, the insurer may cancel the policy by sending 
notice of cancellation by certified mail to the owner or 
operator, and to the Secretary, 120 days in advance of 
cancellation. If the insurer cancels the policy, the owner or 
operator must obtain alternate financial assurance as specified 
in this section.

7.	For insurance policies providing coverage for post-
closure care, commencing on the date that liability to make 
payments pursuant to the policy accrues, the insurer will 
thereafter annually increase the face amount of the policy. Such 
increase must be equivalent to the face amount of the policy, 
less any payments made, multiplied by an amount equivalent to 
eighty five percent (85%) of the most recent investment rate or 
of the equivalent coupon-issue yield announced by the U.S. 
Treasury for 26-week Treasury securities.

8.	The owner or operator may cancel the insurance 
policy only if alternate financial assurance is substituted as 
specified in this section or if the owner or operator, is no 
longer required to demonstrate financial responsibility in 
accordance with the requirements of 902 or 903.

9.	A copy of the insurance policy and the latest 
annual financial statement of the insurer shall be kept on file 
with the Secretary.  The owner or operator shall report any 
changes in either surplus or rating to the Secretary.  In 
addition, a copy of the latest annual rating (if applicable) and 
a copy of the latest audited financial statements shall be 
forwarded by the insurer to the owner or operator and the 
Secretary.

[8-17-94; 11-30-95]

E.	Risk Management Pool.

1.	An owner or operator may demonstrate financial 
assurance for closure, post closure, the Phase I and Phase II 
assessment, or corrective action by joining a risk management 
pool. Participation in an approved risk management pool must be 
effective before the initial receipt of waste or before the 
effective date of this Subpart, whichever is later, in the case 
of closure, post-closure, and the Phase I and Phase II 
assessment, or no later than 120 days after the corrective action 
remedy has been selected in accordance with Subpart VIII, the 
permit issuance, or the Secretary's decision.  Approved pools 
will incorporate any mechanisms or combination of mechanisms in 
Section 906 and  have the following characteristics:

a.	is evidenced by a written contractual agreement 
among participating private entities or a Joint Powers Agreement 
among participating governmental entities;

b.	would not be in violation of the anti-donation 
clause of the New Mexico State Constitution if funds were used;

c.	is liquid in nature allowing for prompt 
initiation and payment of closure, post closure, the Phase I and 
Phase II assessment, or corrective action activities;

d.	has a defined annual contribution table that 
provides for timely periodic payments from the risk sharers;

e.	provides for guaranteed and timely supplemental 
funding in the event of an incident that depletes the assets of 
the pool;

f.	has incorporated in its framework a Trust fund 
or standby Trust fund that conforms with Section 906.A.

2.	A copy of the agreement establishing the risk 
management pool, demonstration there is no violation of the anti-
donation clause, the contribution table, the Trust fund or 
standby Trust fund agreement, and any other guarantee documents 
allowed under this section employed by the pool shall be kept on 
file with the Secretary.

[8-17-94; 11-30-95]
 
F.	Local Government Financial Test.

1.	An owner or operator that satisfies the 
requirements of paragraphs F.2. through F.4. of this section may 
demonstrate financial assurance up to the amount specified in 
paragraph F.5. of this section for closure, post closure, the 
Phase I and Phase II assessment, and/or corrective action.

2.	Financial component. 

a.	The owner or operator must satisfy one of the 
following:

(1)	if the owner or operator has outstanding 
general obligations bonds, it must have a current rating of Aaa, 
Aa, A, or Baa, as issued by Moody's, or AAA, AA, A, or BBB, as 
issued by Standard and Poor's on all outstanding general 
obligation bonds; or,

(2)	if the owner or operator does not have 
outstanding general obligation bonds, it must satisfy each of the 
following financial ratios:

(a)	a ratio of cash plus marketable 
securities to total expenditures greater than or equal to 0.05; 
and

(b)	a ratio of annual debt service to 
total expenditures less than or equal to 0.20; and 

(c)	a ratio of long-term debt issued and 
outstanding to capital expenditures less than or equal to 2.00.

b.	The owner or operator must prepare its 
financial statements in conformity with Generally Accepted 
Accounting Principles for governments.

c. 	An owner or operator is not eligible to assure 
its obligations under this Subsection F if it:

(1)	is currently in default on any outstanding 
general obligation bonds;

(2)	has an outstanding general obligation 
bonds rated lower than Baa as issued by Moody's or BBB as issued 
by Standard and Poor's;

(3)	operated at a deficit equal to five 
percent or more of total annual revenue in either of the past two 
fiscal years; or

(4)	receives an adverse opinion, disclaimer of 
opinion, or other qualified opinion from the independent 
certified public accountant (or appropriate State agency) 
auditing its financial statement as required under paragraph 
F.2.b. of this section.  However, the Secretary  may evaluate 
qualified opinions on a case-by-case basis and allow use of the 
financial test in cases where the Secretary deems the 
qualification insufficient to warrant disallowance of the test.

3.	Public notice component.  The local government 
owner or operator must place a reference to the closure, post-
closure care, the Phase I and Phase II assessment, or corrective 
action costs assured through the financial test into its most 
recent comprehensive annual financial report or budget.  The 
reference must be included before the effective date of this 
Subpart or prior to the initial receipt of waste at the facility, 
whichever is later, in the case of closure, post-closure care, 
and the Phase I and Phase II assessment, and, in the case of 
corrective action, not later than 120 days after the corrective 
action remedy has been selected in accordance with the 
requirements of Subpart VIII, the permit issuance, or the 
Secretary's decision.  The reference must include the amount of 
each cost-estimate and the year(s) in which the local government 
expects these costs to be incurred.  References in the budget 
must occur as budgeted line items if the activities are to occur 
in the period covered by the budget, but may appear in a 
supplemental data section if the activities will not occur until 
after the period covered by the budget.

4.	Recordkeeping and reporting requirements. 

a.	The local government owner or operator must 
place the following items in the facility's operating record:

(1)	a letter signed by the local government's 
chief financial officer that:

(a)	lists all the current cost estimates 
covered by a financial test, as described in paragraph F.3. of 
this section;

(b)	provides evidence and certifies that 
the local government meets the conditions of either paragraph 
F.2. and F.3. of this section; and

(c)	certifies that the local government 
meets the conditions of paragraph F.5. of this section;

(2)	the local government's independently 
audited year-end financial statements for the latest fiscal year, 
including the unqualified opinion of the auditor who must be an 
independent, certified public accountant or an appropriate State 
agency that conducts equivalent comprehensive audits; and 

(3)	a report to the local government from the 
local government's independent certified public accountant or the 
appropriate State agency stating that:

(a)	the certified public accountant or 
State agency has compared the data in the chief financial 
officer's letter with the owner's or operator's independently 
audited, year-end financial statements for the latest fiscal 
year; and

(b)	in connection with that examination, 
no matters came to his attention which caused him to believe that 
the data in the chief financial officer's letter should be 
adjusted.

b.	the items required in paragraph F.4.a. of this 
section must be placed in the facility operating record as 
follows:

(1)	in the case of closure, post-closure care, 
and the Phase I and Phase II assessment, either before the 
initial receipt of waste at the facility or before the effective 
date of this Subpart, whichever is later; or

(2)	in the case of corrective action, not 
later than 120 days after the corrective action remedy is 
selected in accordance with the requirements of Subpart VIII, the 
permit issuance, or the Secretary's decision.

c.	After the initial placement of the items in the 
facility's operating record, the local government owner or 
operator must update the information and place the updated 
information in the operating record within 90 days following the 
close of the owner or operator's fiscal year.

d.	The local government owner or operator is no 
longer required to meet the requirements of paragraph F.4. of 
this section when:

(1)	the owner or operator substitutes 
alternate financial assurance as specified in paragraph F.4.e. of 
this section; or 

(2)	the owner or operator is released from the 
requirements of this section in accordance with 902.C., 903.C., 
904.C., or 905.D.

e.	A local government must satisfy the 
requirements of the financial test at the close of each fiscal 
year.  If the local government owner or operator no longer meets 
the requirements of the local government financial test it must, 
within 120 days following the close of the owner or operator's 
fiscal year, obtain alternative financial assurance that meets 
the requirements of this section, place the required submissions 
for that assurance in the operating record, and notify the 
Secretary that the owner or operator no longer meets the criteria 
of the financial test and that alternate assurance has been 
obtained.

f.	The Secretary, based on a reasonable belief 
that the local government owner or operator may no longer meet 
the requirements of the local government financial test, may 
require additional reports of financial condition from the local 
government at any time.  If the Secretary finds, on the basis of 
such reports or other information that the owner or operator no 
longer meets the requirements of the local government financial 
test, the local government must provide alternate financial 
assurance in accordance with paragraph F.4.e. of this section.

5.	Calculation of costs to be assured.  The portion of 
the closure, post-closure, the Phase I and Phase II assessment, 
and/or corrective action costs for which an owner or operator can 
assure under this paragraph F.5. is determined as follows:

a.	If the local government owner or operator does 
not assure other environmental obligations through a financial 
test, it may assure closure, post-closure, the Phase I and Phase 
II assessment, and/or corrective action costs that equal up to 
forty three percent (43%) of the local government's total annual 
revenue.

b.	If the local government assures other 
environmental obligations through a financial test, including 
those associated with UIC facilities under 40 CFR 144.62, 
petroleum underground storage tank facilities under 40 CFR part 
280, PCB storage facilities under 40 CFR part 761, and hazardous 
waste treatment, storage, and disposal facilities under 40 CFR 
parts 264 and 265, it must add those costs to the closure, post-
closure, the Phase I and Phase II assessment, and/or corrective 
action costs it seeks to assure under this paragraph F.5.  The 
total must not exceed forty three percent (43%) of the local 
government's total annual revenue.

c. 	the owner or operator must obtain an alternate 
financial assurance instrument for those costs that exceed the 
limits set in paragraphs F.5.a. and F.5.b. of this section.

[8-17-94]

G.	Solid Waste Local Government Reserve Fund.

1.	An owner or operator who is a governmental entity 
may demonstrate financial assurance for closure, post closure, 
the Phase I and Phase II assessment, and/or corrective action by 
establishing a reserve fund within its existing financial 
accounting system which conforms to the wording in Section 1105. 
 The reserve fund must be created by resolution of the governing 
body specifying the use of funds only for purposes of closure, 
post-closure, the Phase I and Phase II assessment, and/or 
corrective action for the facility. The resolution must be 
effective before the initial receipt of waste or before the 
effective date of this Subpart, whichever is later, in the case 
of closure, post-closure, and the Phase I and Phase II 
assessment, or not later than 120 days after the corrective 
action remedy has been selected in accordance with Subpart VIII, 
the permit issuance, or the Secretary's decision.  The resolution 
must specify withdrawals from the fund will only occur with 
approval by the Secretary. Funding of the reserve fund will be 
according to the schedule specified in 906.A. At a minimum, the 
reserve fund must be audited annually by the State Auditor under 
the Single Audit Act.

2.	A copy of the resolution and audit reports of the 
reserve fund shall be kept on file with the Secretary.

[8-17-94; 11-30-95]

H.	Local Government Guarantee.

1.	An owner or operator may demonstrate financial 
assurance for closure, post-closure, the Phase I and Phase II 
assessment, and/or corrective action, as required by Sections 
902, 903, 904, and/or 905 by obtaining a written guarantee 
provided by a local government.  The guarantor must meet the 
requirements of the local government financial test in paragraph 
906.F. of this Subart, and must comply with the terms of a 
written guarantee.

2.	Terms of the written guarantee.  The guarantee must 
be effective before the initial receipt of waste or before the 
effective date of this section, whichever is later, in the case 
of closure, post-closure care, or the Phase I and Phase II 
assessment, or no later than 120 days after the corrective action 
remedy has been selected in accordance with the requirements of 
Subpart VIII, the permit issuance, or the Secretary's decision.  
The guarantee must provide that:

a.	if the owner or operator fails to perform 
closure, post-closure care, the Phase I and Phase II assessment, 
and/or corrective action of a facility covered by the guarantee, 
the guarantor will:
(1)	perform, or pay a third party to perform, 
closure, post-closure care, and/or corrective action as required; 
or

(2)	establish a fully funded trust fund as 
specified in paragraph 906.A. of this section in the name of the 
owner or operator.

b.	the guarantee will remain in force unless the 
guarantor sends notice of cancellation by certified mail to the 
owner or operator and to the Secretary.  Cancellation may not 
occur, however, during the 120 days beginning on the date of 
receipt of the notice of cancellation by both the owner or 
operator and the Secretary, as evidenced by the return receipts.

c.	if a guarantee is canceled, the owner or 
operator must within 90 days following receipt of the 
cancellation notice by the owner or operator and the Secretary, 
obtain alternate financial assurance, place evidence of that 
alternate financial assurance in the facility operating record, 
and notify the Secretary.  If the owner or operator fails to 
provide alternate financial assurance within the 90-day period, 
the guarantor must provide that alternate assurance within 120 
days following the close of the guarantor's fiscal year, obtain 
alternative assurance, place evidence of the alternate assurance 
in the facility operating record and notify the Secretary.

3.	Recordkeeping and reporting.

a.	The owner or operator must place a certified 
copy of the guarantee along with the items required under 
paragraph 906.F.4. of this Subpart into the facility's operating 
record before the initial receipt of waste or before the 
effective date of this Subpart, whichever is later, in the case 
of closure, post-closure care, or the Phase I and Phase II 
assessment, or no later than 120 days after the corrective action 
remedy has been selected in accordance with the requirements of 
Subpart VIII, the permit issuance, or the Secretary's decision.

b.	The owner or operator is no longer required to 
maintain the items specified in paragraph H.2. of this section 
when:

(1)	the owner or operator substitutes 
alternate financial assurance as specified in this section; or

(2)	the owner or operator is released from the 
requirements of this section in accordance with 902.C, 903.C, 
904.C, or 905.D.

c.	If a local government guarantor no longer meets 
the requirements of paragraph 906.F.2 of this Part, the owner or 
operator must, within 90 days following the close of the 
guarantor's fiscal year obtain alternative assurance, place 
evidence of the alternate assurance in the facility operating 
record, and notify the Secretary.  If the owner or operator fails 
to provide alternate financial assurance within the 90-day 
period, the guarantor must provide that alternate assurance 
within 120 days.

[8-17-94; 11-30-95]

I.	Use of Multiple Financial Mechanisms.  An owner or 
operator may satisfy the requirements of this section by 
establishing more than one financial mechanism per facility.  The 
mechanisms must be as specified in paragraphs A, B, C, D, E, F, 
G,  and H of this section, except that it is the combination of 
mechanisms, rather than the single mechanism, which must provide 
financial assurance for an amount at least equal to the current 
cost estimate approved by the Secretary for closure, post-closure 
care, the Phase I and Phase II assessment, or corrective action, 
as applicable.  A complete listing of the mechanisms and amounts 
guaranteed by each must be on file with the Secretary.  [8-17-94; 
11-30-95]

907. - 999.  [RESERVED.]


	SUBPART X
	MISCELLANEOUS

1000.	[RESERVED.]

1001.	VARIANCES.  [6-2-74]

A.	Any person seeking a variance from any requirement of 
this Part shall do so in accordance with 20 NMAC 1.4, Permit 
Procedures - Environment Department.  [6-2-74; 5-14-89; 1-30-92; 
8-17-94; 11-30-95]

B.	Variance petitions shall be accompanied by proof of 
public notice as in accordance with the Act and with 20 NMAC 1.4, 
Permit Procedures - Environment Department.  The public notice 
shall:

1.	contain the name of the owner and operator of the 
solid waste facility;

2.	address and telephone number at which interested 
persons may obtain further information;
3.	briefly describe for what the variance is being 
sought and the proposed alternative;

4.	state the time period for which the variance is 
sought;

5.	be provided by certified mail to the owners of 
record, as shown by the most recent property tax schedule and tax 
exempt entities of record, of all properties:

a.	within one hundred feet of the property on 
which the facility is located if the facility is in a Class A or 
H class county or a municipality with a population of more than 
two thousand five hundred (2,500) persons; or

b.	within one-half mile of the property on which 
the facility is located in a county or municipality other than 
those specified in paragraph a of this subsection;

6.	be provided by certified mail to all municipalities 
and counties within a 10 mile radius of the property on which the 
facility is located;

7.	be published once in a newspaper of general 
circulation in each county in which the property on which the 
facility is located; this notice shall appear in either the 
classified or legal advertisements section of the newspaper and 
at one other place in the newspaper calculated to give the 
general public the most effective notice and, and when 
appropriate shall be printed in both English and Spanish; and

8.	be posted in at least four publicly accessible and 
conspicuous places, including the existing facility entrance on 
the property on which the facility is located.

[1-30-92; 8-17-94; 11-30-95]

C.	The Secretary shall deny the variance petition unless 
the petitioner establishes evidence that:

1.	application of the regulation would result in an 
arbitrary and unreasonable taking of the applicant's property or 
will impose an undue economic burden upon any lawful business, 
occupation or activity; and

2.	granting the variance will not result in any 
condition injurious to public health, safety or welfare or the 
environment.

[6-2-74; 5-14-89; 1-30-92; 8-17-94]
D.	No variance shall be granted until the Secretary has 
considered the relative interests of the applicant, other owners 
of property likely to be affected, and the general public.  
[1-30-92]

E.	Variance or renewal of a variance shall be granted for 
time periods and under conditions consistent with reasons for the 
variance but within the following limitations:

1.	if the variance is granted on the grounds that 
there are no practicable means known or available for the 
adequate prevention of degradation of the environment or the risk 
to the public health, safety or welfare, it shall continue only 
until the necessary means for the prevention of the degradation 
or risk become known and available; or

2.	if the variance is granted on the grounds that it 
is justified to relieve or prevent hardship of a kind other than 
that provided for in Paragraph (1) of this subsection, it shall 
not be granted for more than one year.

[1-30-92]

F.	The Department shall maintain a file, open to public 
inspection, of all petitions for a variance, and the action taken 
on such petitions.  [6-2-74; 5-14-89; 1-30-92]

G.	Any variance or exemption granted by the Secretary 
shall be reviewed for consistency with existing Federal 
regulations.  [8-17-94]

1002.	EXEMPTIONS.  [1-30-92]

A.	Any person seeking an exemption pursuant to NMSA 1978, 
Section 74-9-32 shall do so by filing a written petition with the 
Board, and serving a copy of the petition to the Secretary.  
[1-30-92]

B.	A petition for exemption shall:

1.	state each provision of the Act or this Part from 
which exemption is sought;

2.	cite, and have attached as exhibits, each provision 
of applicable federal or state law the petitioner alleges that 
imposes as stringent or more stringent requirements than those 
imposed by the Act or this Part; and

3.	be signed by the petitioner or the petitioner's 
representative; and

4.	contain proof of public notice in accordance with 
the Act's requirements for applications for solid waste disposal 
facility permits.

[1-30-92; 11-30-95]

C.	Each application filed with the Secretary for an 
exemption shall include proof that the applicant has provided 
notice of the filing of the application to the public and other 
affected individuals and entities. The notice shall be:

1.	provided by certified mail to the owners of record, 
as shown by the most recent property tax schedule and tax exempt 
entities of record, of all properties:

a.	within one hundred feet of the property on 
which the facility is located or proposed to be located if the 
facility is or will be in a Class A or H county or a municipality 
with a population of more than two thousand five hundred (2,500) 
persons; or

b.	within one-half mile of the property on which 
the facility is located or proposed to be located if the facility 
is or will be in a county or municipality other than those 
specified in Subsection a of this section;

2.	provided by certified mail to all municipalities, 
counties, and tribal governments in which the facility is or will 
be located and to all municipalities, counties, and tribal 
governments within a ten mile radius of the property on which the 
facility is proposed to be constructed, operated or closed;

3.	published once in a newspaper of general 
circulation in each county in which the property in which the 
facility is proposed to be constructed, operated or closed is 
located; this notice shall appear in either the classified or 
legal advertisements section of the newspaper and at one other 
place in the newspaper calculated to give the general public the 
most effective notice and, when appropriate, shall be printed in 
both English and Spanish; and

4.	posted in at least four publicly accessible and 
conspicuous places, including the proposed or existing facility 
entrance on the property on which the facility is or is proposed 
to be located.

[1-30-92; 8-17-94]

D.	The Board may designate a hearing officer to take 
evidence at the hearing.  [1-30-92]
E.	If a quorum of the Board is present at the hearing, the 
Board may, but shall not be required to, act immediately upon 
conclusion of the hearing.  If a quorum of the Board is not 
present, or if the Board elects not to take action immediately, 
the hearing officer may, upon request of any party, hold the 
hearing record open for a designated period of time for receipt 
of additional information.  [1-30-92]

F.	If the Board does not take action immediately upon 
conclusion of the hearing, the Board shall take action at the 
next regularly scheduled Board meeting occurring at least two 
weeks after the close of the hearing record, and shall provide 
notice of its action to:

1.	the petitioner, by certified mail;

2.	the Department, by delivery of a copy to the 
Secretary; and

3.	all other persons who appeared at the hearing and 
provided their addresses to the Board Secretary or hearing 
officer, by first class mail.

[1-30-92]

G.	The Board shall deny the petition unless the petitioner 
establishes by clear and convincing evidence that the applicable 
federal or state law cited by the petitioner imposes as stringent 
or more stringent requirements than those imposed by the Act or 
this Part.  [1-30-92; 11-30-95]

H.	The Board shall maintain a file, open to public 
inspection, of all exemption petitions, and the action taken on 
such petitions.  [1-30-92]

1003.	SEVERABILITY.  If any provision or application of this Part 
is held invalid by a court of competent jurisdiction, the 
remainder, or its application to other situations or persons, 
shall not be affected.  [5-14-89; 1-30-92; 11-30-95]

1004.	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.  [5-14-89; 
1-30-92; 11-30-95]

1005.	SAVINGS CLAUSE.  This Part does not apply to pending 
litigation or affect violations of prior, effective regulations 
governing the disposal of solid waste.  [5-14-89; 11-30-95]

1006.	INTERPRETATION.  This Part shall be liberally construed to 
carry out its purpose.  [5-14-89; 1-30-92; 11-30-95]

1007.	SUPERSESSION OF PRIOR REGULATIONS.  This Part supersedes 
the Solid Waste Management Regulations,  EIB/SWMR-4, filed 
July 18, 1994.  EIB/SWMR-4 superseded the Solid Waste Management 
Regulations,  EIB/SWMR-3, filed December 31, 1991.  [5-14-89; 
1-30-92; 8-17-94; 11-30-95]

1008.	CONTINUING EFFECT OF PRIOR ACTIONS; EXCEPTIONS.  Except as 
provided otherwise in this section, all permits and certificates 
of registration issued, and all closure and post-closure care 
plans approved, pursuant to previous regulations shall remain in 
effect until they expire or they are suspended, revoked, or 
otherwise modified pursuant to this Part, provided:

A.	the owner and operator of an active solid waste 
facility shall comply with all applicable provisions of Subparts 
I, III, IV V, VI, VII, VIII, and IX of this Part;

B.	the regulations pursuant to which previously-approved 
closure and post-closure care plans were approved shall continue 
to apply, in lieu of this Part, to such closure and post-closure 
and post-closure care plans; and

C.	the requirements under Section 213 of EIB/SWMR-3 
regarding submittal of permit applications, closure plans, and 
site assessments by specified time frames for existing facilities 
continue to apply.

[1-30-92; 8-17-94; 11-30-95]

1009.	DOCUMENTS.  Copies of all documents cited in this Part may 
be viewed at the Departments's Solid Waste Bureau, 1190 St. 
Francis Drive, Santa Fe, New Mexico.  [11-30-95]

1010. - 1099.  [RESERVED.]


	SUBPART XI
	TABLES, PARAMETERS, AND SAMPLE FORMS

1100.	GROUND WATER PARAMETERS.  The standards in Tables I and II 
are from the New Mexico Water Quality Control Commission 
Regulations or the federal Safe Drinking Water Act as they exist 
on the effective date of this Part.  Check with the Department to 
confirm the standards are still applicable.  [8-17-94; 11-30-95]

	TABLE I

Parameter	Standard2	PQL3	Parameter	Standard	PQL
         	  mg/l  	mg/l	         	  mg/l  	mg/l

Arsenic1	0.05	0.01	Barium1	 1.0	
	0.02
Benzene1	0.005	0.001	Benzo[a]pyrene1 	0.0002	0.0001
Cadmium1	0.005	0.002	Boron	0.75(i)	0.5
Carbon tetrachloride1	0.005	0.002	Chloride	250(a)	5.0
Chloroform1	0.1	0.005	Chromium1	 0.05	0.01
Cobalt	0.05(i) 	0.03	Copper	1.0(a)	0.06
Cyanide1	0.2	0.1	1,2-Dichloroethane (EDC)1	0.005	0.001
1,1-Dichloroethane1	0.025	0.005	1,1-Dichloroethylene (1,1-DCE)1	0.005	0.001
Ethylbenzene1	0.7	0.005	Ethylene dibromide (EDB)1	0.00005       0.000025
Fluoride1	1.6	0.4	Iron	0.3(a)	0.1
Lead1	0.05	0.01	Magnesium
Manganese	0.05(a)	0.03	Mercury1	0.002	0.001
Methylene chloride1	0.005	0.001	Molybdenum	1.0(i)	
	0.75	
Nickel1	0.1	0.05	Nitrate1	10	1.0
PAHs: Total
 Naphthalene plus 
 monomethylnaphthalenes1  0.03	0.01	Phenols	0.005(a)	 0.003
Polychlorinated biphenyls
 (PCB's)1	0.001	0.0005	Potassium
Radioactivity: Combined 		
 Radium-226 and
 Radium 2281	5.0pCi/l	2.5pCi/l	Selenium1	0.01	0.005
Silver1	 0.05	0.01	Sodium
Sulfate	250(a)	5.0	Toluene1	0.75	0.005	
Total Dissolved Solids	500(a)	5.0	Total Xylenes1	0.62	0.005
1,1,2,2-Tetrachloroethane1	0.01	0.005	Tetrachloroethylene1	0.005	0.0005
1,1,1-Trichloroethane1	0.06	0.005	Aluminum	5.0(i)		3.0
1,1,2-Trichloroethane1	0.005	0.002	Trichloroethylene1	0.005	0.001
Uranium1	5.0	2.5	Vinyl Chloride1	0.001	0.0004
Zinc	5.0(a)	0.05	pH (Units)	6.5-8.5(a)	0.1
Ammonia			Total Nitrogen1	10	1.0
Specific Conductance			Total Organic Carbon
Temperature			Water Elevation
Antimony1	0.006	0.003	Beryllium1	0.004	
	0.002
Thallium1	0.002	0.001	Vanadium1		0.08
Acetone1		0.1	Acrylonitrile1			
		0.2
Bromochloromethane1		0.002	Bromodichloromethane1		
	0.005
Bromoform1		0.015	Carbon disulfide1			
	0.1	
Chlorobenzene1	0.1	0.005	Chloroethane1			
		0.01
Dibromochloromethane1		0.005	1,2-Dibromo-3-chloropropane1 	0.0002	
	0.0001	

Parameter	Standard2	PQL3	Parameter	Standard	PQL
         	  mg/l  	mg/l	         	  mg/l  	mg/l

1,2-Dichloropropane1	0.005	0.0005	cis-1,3-Dichloropropene1			
	0.02		
2-Hexanone1		0.05	Methyl bromide1			
	0.02		
Methyl chloride1		0.001	Methylene bromide1			
	0.02	
1,1,1,2-Tetrachloroethane1		0.005	Trichlorofluoromethane1			
	0.01		
1,2,3-Trichloropropane1		0.01	Vinyl acetate1			
		0.05
o-Dichlorobenzene1	0.06	0.01	p-Dichlorobenzene1	0.075	
	0.015
trans-1,4-Dichloro-2-butene1	0.1	HCO3
CO3			Total Kjeldahl Nitrogen
Calcium			trans-1,3-Dichloropropene1		
	0.01

1 Constituent is considered to be hazardous.

2 Ground Water Protection Standard subject to change under the New Mexico Water Quality Control Commission 
Regulations or the federal Safe Drinking Water Act (see Section 806.H.1)

3 Practical Quantitation Limits (PQL) are the lowest concentration of analytes in ground waters that can be 
reliably determined within specified limits of precision and accuracy under routine laboratory operating 
conditions.

All standards are health based except for those followed by (a) aesthetic standard or (i) irrigation standard. For 
those parameters without a specific standard, background standards shall be established.

[1-30-92; 8-17-94]

	TABLE II

Common Name	PQL	Common Name	PQL
                        	(mg/l)	                        	(mg/l)

Acenaphthene	0.01	Acenaphthylene	0.01
Acetone	0.10	Acetonitrile	0.10
Acetophenone	0.01	2-Acetylaminoflourene	0.02
Acrolein	0.10	Acrylonitrile	0.20
Aldrin	0.01	Allyl chloride	0.01
Anthracene	0.01
4-Aminobiphenyl	0.02	Antimony	0.30
Arsenic	0.01	Barium	0.02
Benzene	0.001	Benzo[a]anthracene	0.01
Benzo[b]fluoranthene	0.02	Benzo[k]fluoranthene	0.02
Benzo[ghi]perylene	0.01	Benzo[a]pyrene	0.01
Benzyl alcohol	0.01	Beryllium	0.002
alpha-BHC	0.0001	beta-BHC	0.0001
delta-BHC	0.0001	gamma-BHC	0.0001
Bis(2-chloroethoxy)methane	0.01	Bis(2-chloroethyl) ether	0.01
Bis(2-chloro-1-methylethyl) ether	0.01	Bis(2-ethylhexyl)phthalate	0.02
Bromochloromethane	0.002	Bromodichloromethane	0.005
Bromoform	0.015	4-Bromophenyl phenyl ether	0.01
Butyl benzyl phthalate	0.01	Cadmium	0.002
Carbon disulfide	0.10	Carbon tetrachloride	0.002
Chlordane	0.005	p-Chloroaniline	0.02
Chlorobenzene	0.005	Chlorobenzilate	0.01
p-Chloro-m-cresol	0.005	Chloroethane	0.01
Chloroform	0.005	2-Chloronaphthalene	0.01
2-Chlorophenol	0.01	4-Chlorophenyl phenyl ether	0.01
Chloroprene	0.05	Chromium	0.01
Chrysene	0.01	Cobalt2	0.03
Copper2	0.06	m-Cresol	0.01
o-Cresol	0.01	p-Cresol	0.01
Cyanide	0.1	2,4-D	0.01
4,4'-DDD	0.001	4,4'-DDE	0.001
4,4'-DDT	0.001	Diallate	0.01
Dibenz[a,h]anthracene	0.01	Dibenzofuran	0.01
Dibromochloromethane	0.005	1,2-Dibromo-3-chloropropane	0.0001
o-Dichlorobenzene	0.01	Di-n-butyl phthalate	0.01
m-Dichlorobenzene	0.01
p-Dichlorobenzene	0.015	3,3'-Dichlorobenzidine	0.01
trans-1,4-Dichloro-2-butene	0.1	Dichlorodifluoromethane	0.005
1,1-Dichloroethane	0.005	1,2-Dichloroethane	0.001
1,1-Dichloroethylene	0.001	cis-1,2-Dichloroethylene	0.005

Common Name	PQL	Common Name		PQL
                        	(mg/l)	                        	
	(mg/l)

trans-1,2-Dichloroethylene	0.005	2,4-Dichlorophenol	0.01
2,6-Dichlorophenol	0.01	1,2-Dichloropropane	0.0005
1,3-Dichloropropane	0.005	2,2-Dichloropropane	0.0151,1-
Dichloropropene	0.005	cis-1,3-Dichloropropene	0.02
trans-1,3-Dichloropropene	0.01	Dieldrin	0.001
Diethyl phthalate	0.01	O,O-Diethyl O-2-pyrazinyl
   phosphorothioate	0.02
Dimethoate	0.02	p-(Dimethylamino)azobenzene	0.01
7,12-Dimethylbenz[a]anthracene	0.01	3,3'-Dimethylbenzidine	0.01
2,4-Dimethylphenol	0.01	Dimethyl phthalate	0.01
m-Dinitrobenzene	0.02	4,6-Dinitro-o-cresol	0.05
2,4-Dinitrophenol	0.05	2,4-Dinitrotoluene	0.01
2,6-Dinitrotoluene	0.01	Dinoseb	0.02
Di-n-octyl phthalate	0.01	Diphenylamine	0.01
Disulfoton	0.01	Endosulfan I	0.001
Endosulfan II	0.001	Endosulfan sulfate	0.001
Endrin	0.001  	Endrin aldehyde	0.001
Ethylene dibromide	0.000025
Ethylbenzene	0.005	Ethyl methacrylate	0.01
Ethyl methanesulfonate	0.02	Famphur	0.02
Fluoranthene	0.01	Fluorene	0.01
Heptachlor	0.001	Heptachlor epoxide	0.001
Hexachlorobenzene	0.001	Hexachlorbutadiene	0.01
Hexachlorocyclopentadiene	0.01	Hexachloroethane	0.01
Hexachloropropene	0.01	2-Hexanone	0.05
Indeno(1,2,3-cd)pyrene	0.01	Isobutyl alcohol	0.05
Isodrin	0.02	Isophorone	0.01
Isosafrole	0.01	Kepone	0.02
Lead	0.01	Mercury	0.001
Methacrylonitrile	0.005	Methapyrilene	0.10
Methoxychlor	0.01	Methyl bromide	0.02
Methyl chloride	0.001	3-Methylcholanthrene	0.01
Methyl ethyl ketone	0.01	Methyl iodide	0.04
Methyl methacrylate	0.03	Methyl methanesulfonate	0.01
2-Methylnaphthalene	0.01	Methyl parathion	0.01
4-Methyl-2-pentanone	0.015	Methylene bromide	0.02
Methylene chloride	0.001	Naphthalene	0.01
1,4-Naphthoquinone	0.01	1-Naphthylamine	0.01
2-Naphthylamine	0.01	Nickel	0.05
o-Nitroaniline	0.01	m-Nitroaniline	0.05
p-Nitroaniline	0.02	Nitrobenzene	0.01
o-Nitrophenol	0.01	p-Nitrophenol	0.05
N-Nitrosodi-n-butylamine	0.01	N-Nitrosodiethylamine	0.02

Common Name	PQL	Common Name		PQL
                        	(mg/l)	                        	
	(mg/l)

N-Nitrosodimethylamine	0.002	N-Nitrosodiphenylamine	0.005
N-Nitrosodipropylamine	0.01	N-Nitrosomethylethylamine	0.01
N-Nitrosopiperidine	0.02	N-Nitrosopyrrolidine	0.04
5-Nitro-o-toluidine	0.01	Parathion	0.01
Pentachlorobenzene	0.01	Pentachloronitrobenzene	0.02
Pentachlorophenol	0.05	Phenacetin	0.02
Phenanthrene	0.01	Phenol	0.001
p-Phenylenediamine	0.01	Phorate	0.01
Polychlorinated biphenyls	0.0005	Pronamide	0.01
Propionitrile	0.06	Pyrene	0.01
Safrole	0.01	Selenium	0.02
Silver	0.01	Silvex	0.002
Styrene	0.01	Sulfide	4.00
2,4,5-T	0.002	1,2,4,5-Tetrachlorobenzene	0.01
1,1,1,2-Tetrachloroethane	0.005	1,1,2,2-Tetrachlorethane	0.005
Tetrachloroethylene	0.0005	2,3,4,6-Tetrachlorophenol	0.01
Thallium	0.001	Tin	0.40
Toluene	0.005	o-Toluidine	0.01
Toxaphene	0.001	1,2,4-Trichlorobenzene	0.01
1,1,1-Trichloroethane	0.005	1,1,2-Trichloroethane	0.002
Trichloroethylene	0.001	Trichlorofluoromethane	0.01
2,4,5-Trichlorophenol	0.01	2,4,6-Trichlorophenol	0.01
1,2,3-Trichloropropane	0.01	O,O,O-Triethyl phosphorthiolate 0.01
sym-Trinitrobenzene	0.01	Vanadium	0.08
Vinyl acetate	0.05	Vinyl chloride	0.0004
Xylene (Total)	0.005	Zinc2	0.05

1 All constituents in Table II are considered hazardous

2 May follow aesthetic or irrigation standards

[1-30-92; 8-17-94]

1101.	SOIL, WATER AND SPECIAL WASTE TESTING PARAMETERS.  
[1-30-92; 11-30-95]

A.	The following are soils testing procedures acceptable 
to the Department:

1.	constant head by method ASTM D2434.

2.	falling head method as described in Appendix VII of 
the Corps of Engineers Manual EM1110-2-1906, November 30, 1970, 
Laboratory Soils Testing;

3.	sieve analysis and hydrometer analysis: #4, #10, 
#40, #200, -200, and hydrometer analysis on -200 fraction by 
method ASTM D422.

4.	Atterberg limits by methods ASTM D423 and D424.

5.	moisture density relations by method ASTM D698.

6.	moisture content by method ASTM D2216.

7.	consolidation test.

[1-30-92]

B.	The following water testing procedures are acceptable 
to the Department:

1.	"Standard Methods for the Examination of Water and 
Wastewater", latest edition, American Public Health Association.

2.	"Methods for Chemical Analysis of Water and Waste" 
and other publications of the Analytical Quality Laboratory, EPA.

3.	"Techniques of Water Resource Investigation" of the 
U.S. Geological Survey.

4.	"Annual Book of ASTM Standards, Part 31, Water", 
latest edition, American Society For Testing and Materials.

5.	"National Handbook of Recommended Methods for 
Water-Data Acquisition", latest edition, prepared cooperatively 
by agencies of the United States Government under the sponsorship 
of the U.S. Geological Survey.

6.	for radioactivity the methods specified in "Interim 
Radiochemical Methodology for Drinking Water", Environmental 
Monitoring and Support Laboratory, EPA-600/4-75-008, U.S. EPA, 
Cincinnati, Ohio 45268 or "Prescribed Procedures for Measurement 
of Radioactivity in Drinking Water" EPA-600/4-80-032.

7.	for uranium: ASTM D-2907 "Microquantities of 
Uranium in Water by Fluorometry."

8.	specific conductance by U.S. EPA test method 9050.

9.	EPA Report SW-846, "Test Methods for Evaluating 
Solid Waste", third edition, November 1986, as revised, December 
1987.

[1-30-92; 8-17-94]

C.	The following test methods for special waste are 
acceptable to the Department:

1.	ignitability by U.S. EPA test method 1010, Pensky-
Martens Closed-Cup Method for Determining Ignitability, or test 
method 1020, Setaflash Closed-Cup Method for Determining 
Ignitability.

2.	corrosivity by U.S. EPA test method 1110, 
Corrosivity Toward Steel.

3.	toxicity by U.S. EPA test method 1311, Toxicity 
Characteristic Leaching Procedure (TCLP).

4.	Halogenated Volatile Organics by gas 
chromatography, U.S. EPA test method 8010.

5.	Aromatic Volatile Organics by gas chromatography, 
U.S. EPA test method 8020.

6.	Volatile Organic Compounds by gas 
chromatography/mass spectrometry (GC/MS): Packed Column 
Technique, EPA test method 8240.

7.	TPH determined by EPA test method 418.1, infra-red 
detection method.

8.	liquids test by U.S. EPA test method 9095, Paint 
Filter Liquids Test.

9.	EPA Report SW-846, "Test Methods for Evaluating 
Solid Waste", third edition, November 1986, as revised, December 
1987.

[1-30-92; 8-17-94]

1102.	TRUST AGREEMENT.  [1-30-92; 11-30-95]

A.	New Mexico governmental entity as beneficiary.

Trust Agreement, the "Agreement," entered into as of [date] 
by and between [name of the owner or operator], a [name of State] 
[insert "corporation," "partnership," "association," or 
"proprietorship"], the "Grantor," and [name of corporate 
trustee], [insert "incorporated in the State of ____" or "a 
national bank"], the "Trustee."

Whereas, the New Mexico Environmental Improvement Board, 
"EIB", has established certain regulations applicable to the 
Grantor, requiring that an owner or operator of a solid waste 
management facility shall provide assurance that funds will be 
available when needed for certain activities as required in a 
permit issued pursuant to the Solid Waste Management Regulations.

Whereas, the Grantor has elected to establish a trust to 
provide all or part of such financial assurance for the 
facilities identified herein,

Whereas, the Grantor, acting through its duly authorized 
officers, has selected the Trustee to be the trustee under this 
agreement, and the Trustee is willing to act as trustee,

Now, Therefore, the Grantor and the Trustee agree as 
follows:

Section 1.  Definitions.

As used in this Agreement:

(a)	The term "Grantor" means the owner or operator who 
enters into this Agreement and any successors or 
assigns of the Grantor.

(b)	The term "Trustee" means the Trustee who enters into 
this Agreement and any successor Trustee.

Section 2. Identification of Facilities and Cost Estimates.

This Agreement pertains to the facilities and cost 
estimates identified on attached Schedule A [on Schedule A, for 
each facility list the New Mexico Solid Waste Facility Permit 
number, name, address, and the current cost estimates for which 
financial assurance is demonstrated by this Agreement].

Section 3. Establishment of Fund.

The Grantor and the Trustee hereby establish a trust fund, 
the "Fund," for the benefit of [insert name of Municipality] 
(____).  The Grantor and the Trustee intend that no third party 
have access to the Fund except as herein provided.  The Fund is 
established initially as consisting of the property, which is 
acceptable to the Trustee, described in Schedule B attached 
hereto.  Such property and any other property subsequently 
transferred to the Trustee is referred to as the Fund, together 
with all earnings and profits thereon, less any payments or 
distributions made by the Trustee pursuant to this Agreement.  
The Fund shall be held by the Trustee, IN TRUST, as hereinafter 
provided.  The Trustee shall not be responsible nor shall it 
undertake any responsibility for the amount or adequacy of, nor 
any duty to collect from the Grantor, any payments necessary to 
discharge any liabilities of the Grantor established by the New 
Mexico Environment Department (NMED).

Section 4. Payments Pursuant to the Solid Waste Management 
Regulations.

The Trustee shall make payments from the Fund as the NMED 
Secretary shall direct, in writing, to provide for the payment of 
the costs pursuant to Solid Waste Management Regulations of the 
facilities covered by this Agreement.  The Trustee shall 
reimburse the Grantor or other persons as specified by the NMED 
Secretary from the Fund for the costs in such amounts as the NMED 
Secretary shall direct in writing.  In addition, the Trustee 
shall refund to the Grantor such amounts as the NMED Secretary 
specifies in writing. Upon refund, such funds shall no longer 
constitute part of the Fund as defined herein.

Section 5. Payments Comprising the Fund.

Payments made to the Trustee for the Fund shall consist of 
cash or securities acceptable to the Trustee as described in 
Schedule B attached hereto.

Section 6.  Trustee Management.

The Trustee shall invest and reinvest the principal and 
income of the Fund and keep the Fund invested as a single fund, 
without distinction between principal and income, in accordance 
with general investment policies and guidelines which the Grantor 
may communicate in writing to the Trustee from time to time, 
subject, however, to the provisions of this section. In 
investing, reinvesting, exchanging, selling, and managing the 
Fund, the Trustee shall discharge his duties with respect to the 
trust fund solely in the interest of the beneficiary and with the 
care, skill, prudence, and diligence under the circumstances then 
prevailing which persons of prudence, acting in a like capacity 
and familiar with such matters, would use in the conduct of an 
enterprise of a like character and with like aims; except that:

(a)	Securities or other obligations of the Grantor, or any 
other owner or operator of the facilities, or any of 
their affiliates as defined in the Investment Company 
Act of 1940, as amended, 15 U.S.C. 80a-2.(a), shall not 
be acquired or held, unless they are securities or 
other obligations of the Federal or a State government;

(b)	The Trustee is authorized to invest the Fund in time or 
demand deposits of the Trustee, to the extent insured 
by an agency of the Federal or State government; and

(c)	The Trustee is authorized to hold cash awaiting 
investment or distribution uninvested for a reasonable 
time and without liability for the payment of interest 
thereon.

Section 7. Commingling and Investment.

The Trustee is expressly authorized in its discretion:

(a)	To transfer from time to time any or all of the assets 
of the Fund to any common, commingled, or collective 
trust fund created by the Trustee in which the Fund is 
eligible to participate, subject to all of the 
provisions thereof, to be commingled with the assets of 
other trusts participating therein; and

(b)	To purchase shares in any investment company registered 
under the Investment Company Act of 1940, 15 U.S.C. 
80a-1 et seq., including one which may be created, 
managed, underwritten, or to which investment advice is 
rendered or the shares of which are sold by the 
Trustee. The Trustee may vote such shares in its 
discretion.

Section 8.  Express Powers of Trustee.

Without in any way limiting the powers and discretion 
conferred upon the Trustee by the other provisions of this 
Agreement or by law, the Trustee is expressly authorized and 
empowered:

(a)	To sell, exchange, convey, transfer, or otherwise 
dispose of any property held by it, by public or 
private sale. No person dealing with the Trustee shall 
be bound to see the application of the purchase money 
or to inquire into the validity or expediency of any 
such sale or disposition;
(b)	To make, execute, acknowledge, and deliver any and all 
documents of transfer and conveyance and any and all 
other instruments that may be necessary or appropriate 
to carry out the powers herein granted;

(c)	To register any securities held in the Fund in its own 
name or in the name of a nominee and to hold any 
security in bearer form or in book entry, or to combine 
certificates representing such securities with 
certificates of the same issue held by the Trustee in 
other fiduciary capacities, or to deposit or arrange 
for the deposit of such securities in a qualified 
central depositary even though, when so deposited, such 
securities may be merged and held in bulk in the name 
of the nominee of such depositary with other securities 
deposited therein by another person, or to deposit or 
arrange for the deposit of any securities issued by the 
United States Government, or any agency or 
instrumentality thereof, with a Federal Reserve bank, 
but the books and records of the Trustee shall at all 
times show that all such securities are part of the 
Fund;

(d)	To deposit any cash in the Fund in interest-bearing 
accounts maintained or savings certificates issued by 
the Trustee, in its separate corporate capacity, or in 
any other banking institution affiliated with the 
Trustee, to the extent insured by an agency of the 
Federal or State government; and

(e)	To compromise or otherwise adjust all claims in favor 
of or against the Fund.

Section 9. Taxes and Expenses.

All taxes of any kind that may be assessed or levied 
against or in respect of the Fund and all brokerage commissions 
incurred by the Fund shall be paid from the Fund. All other 
expenses incurred by the Trustee in connection with the 
administration of this Trust, including fees for legal services 
rendered to the Trustee, the compensation of the Trustee to the 
extent not paid directly by the Grantor, and all other proper 
charges and disbursements of the Trustee shall be paid from the 
Fund.

Section 10. Annual Valuation.

The Trustee shall annually, at least 30 days prior to the 
anniversary date of the establishment of the Fund, furnish to the 
Grantor and to the NMED Secretary a statement confirming the 
value of the Trust. Any securities in the Fund shall be valued at 
market value as of no more than 60 days prior to the anniversary 
date of establishment of the Fund. The failure of the Grantor to 
object in writing to the Trustee within 90 days after the 
statement has been furnished to the Grantor and the NMED 
Secretary shall constitute a conclusively binding assent by the 
Grantor, barring the Grantor from asserting any claim or 
liability against the Trustee with respect to matters disclosed 
in the statement.

Section 11. Advice of Counsel.

The Trustee may from time to time consult with counsel, who 
may be counsel to the Grantor, with respect to any question 
arising as to the construction of this Agreement or any action to 
be taken hereunder. The Trustee shall be fully protected, to the 
extent permitted by law, in acting upon the advise of counsel.

Section 12. Trustee Compensation.

The Trustee shall be entitled to reasonable compensation 
for its services as agreed upon in writing from time to time with 
the Grantor.

Section 13. Successor Trustee.

The Trustee may resign or the Grantor may replace the 
Trustee, but such resignation or replacement shall not be 
effective until the Grantor has appointed a successor trustee and 
this successor trustee accepts the appointment. The successor 
trustee shall have the same powers and duties as those conferred 
upon the Trustee hereunder. Upon the successor trustee's 
acceptance of the appointment, the Trustee shall assign, 
transfer, and pay over to the successor trustee the funds and 
property then constituting the Fund. If for any reason the 
Grantor cannot or does not act in the event of the resignation 
the Trustee, the Trustee may apply to a court of competent 
jurisdiction for the appointment of a successor trustee for 
instructions. The successor trustee shall specify the date on 
which it assumes administration of the trust in a writing sent to 
the Grantor, the NMED Secretary, and the present Trustee by 
certified mail 10 days before such change becomes effective. Any 
expenses incurred by the Trustee as a result of any of the acts 
contemplated by this Section shall be paid as provided in Section 
9.

Section 14. Instructions to the Trustee.

All orders, requests, and instructions by the Grantor to 
the Trustee shall be in writing, signed by such persons as are 
designated in the attached Exhibit A or such other designees as 
the Grantor may designate by amendment to Exhibit A. The Trustee 
shall be fully protected in acting without inquiry in accordance 
with the Grantor's orders, requests, and instructions. All 
orders, requests, and instructions by the NMED Secretary to the 
Trustee shall be in writing, signed by the NMED Secretary, or 
designee, and the Trustee shall act and shall be fully protected 
in acting in accordance with such orders, requests, and 
instructions. The Trustee shall have the right to assume, in the 
absence of written notice to the contrary, that no event 
constituting a change or a termination of the authority of any 
person to act on behalf of the Grantor or NMED hereunder has 
occurred. The Trustee shall have no duty to act in the absence of 
such orders, requests, and instructions from the Grantor and/or 
NMED, except as provided for herein.

Section 15. Notice of Nonpayment.

The Trustee shall notify the Grantor and the NMED Secretary 
by certified mail within 10 days following the expiration of the 
30-day period after the anniversary date of the Trust, if no 
payment is received from the Grantor during that period according 
to Schedule B attached hereto. After the payin period is 
completed, the Trustee shall not be required to send a notice of 
nonpayment.

Section 16. Amendment of Agreement.

This Agreement may be amended by an instrument in writing 
executed by the Grantor, the Trustee, and the NMED Secretary, or 
by the Trustee and the NMED Secretary if the Grantor ceases to 
exist.

Section 17. Irrevocability and Termination.

Subject to the right of the parties to amend this Agreement 
as provided in Section 16, this Trust shall be irrevocable and 
shall continue until terminated at the written agreement of the 
Grantor, the Trustee, and the NMED Secretary, or by the Trustee 
and the NMED Secretary, if the Grantor ceases to exist. Upon 
termination of the Trust, all remaining trust property, less 
final trust administration expenses, shall be delivered to the 
Grantor.

Section 18. Immunity and Indemnification.

The Trustee shall not incur personal liability of any 
nature in connection with any act or omission, made in good 
faith, in the administration of this Trust, or in carrying out 
any directions by the Grantor or the NMED Secretary issued in 
accordance with this Agreement. The Trustee shall be indemnified 
and saved harmless by the Grantor or from the Trust Fund, or 
both, from and against any personal liability to which the 
Trustee may be subjected by reason of any act or conduct in its 
official capacity, including all expenses reasonably incurred in 
its defense in the event the Grantor fails to provide such 
defense.

Section 19. Choice of Law.

This Agreement shall be administered, construed, and 
enforced according to the laws of the State of New Mexico.

Section 20. Interpretation.

As used in this Agreement, words in the singular include 
the plural and words in the plural include the singular. The 
descriptive headings for each Section of this Agreement shall not 
affect the interpretation or the legal efficacy of this 
Agreement.


In Witness Whereof the parties have caused this Agreement 
to be executed by their respective officers duly authorized and 
their corporate seals to be hereunto affixed and attested as of 
the date first above written: The parties below certify that the 
wording of this Agreement is identical to the wording specified 
in the Solid Waste Management Regulations as such regulations 
were constituted on the date first above written.


[Signature of Grantor]
[Title]

Attest:
[Title]
[Seal]
[Signature of Trustee]

Attest:
[Title]
[Seal]


State of __________________________________________

County of _________________________________________

On this [date], before me personally came [owner or 
operator] to me known, who, being by me duly sworn, did depose 
and say that she/he resides at [address], that she/he is [title] 
of [corporation], the corporation described in and which executed 
the above instrument; that she/he knows the seal of said 
corporation; that the seal affixed to such instrument is such 
corporate seal; that it was so affixed by order of the Board of 
Directors of said corporation, and that she/he signed her/his 
name thereto by like order.

[Signature of Notary Public]

[1-30-92; 8-17-94; 11-30-95]

B.	Department as beneficiary.

Trust Agreement, the "Agreement," entered into as of [date] 
by and between [name of the owner or operator], a [name of State] 
[insert "corporation," "partnership," "association," or 
"proprietorship"], the "Grantor," and [name of corporate 
trustee], [insert "incorporated in the State of ____" or "a 
national bank"], the "Trustee."

Whereas, the New Mexico Environmental Improvement Board, 
"EIB", has established certain regulations applicable to the 
Grantor, requiring that an owner or operator of a solid waste 
management facility shall provide assurance that funds will be 
available when needed for certain activities as required in a 
permit issued pursuant to the Solid Waste Management Regulations.

Whereas, the Grantor has elected to establish a trust to 
provide all or part of such financial assurance for the 
facilities identified herein,

Whereas, the Grantor, acting through its duly authorized 
officers, has selected the Trustee to be the trustee under this 
agreement, and the Trustee is willing to act as trustee,

Now, Therefore, the Grantor and the Trustee agree as 
follows:

Section 1.  Definitions.

As used in this Agreement:

(a)	The term "Grantor" means the owner or operator who 
enters into this Agreement and any successors or 
assigns of the Grantor.

(b)	The term "Trustee" means the Trustee who enters into 
this Agreement and any successor Trustee.

Section 2. Identification of Facilities and Cost Estimates. 

This Agreement pertains to the facilities and cost 
estimates identified on attached Schedule A [on Schedule A, for 
each facility list the New Mexico Solid Waste Facility Permit 
number, name, address, and the current cost estimates for which 
financial assurance is demonstrated by this Agreement].

Section 3. Establishment of Fund.

The Grantor and the Trustee hereby establish a trust fund, 
the "Fund," for the benefit of the State of New Mexico, C/O 
Secretary, New Mexico Environment Department (NMED). The Grantor 
and the Trustee intend that no third party have access to the 
Fund except as herein provided. The Fund is established initially 
as consisting of the property, which is acceptable to the 
Trustee, described in Schedule B attached hereto. Such property 
and any other property subsequently transferred to the Trustee is 
referred to as the Fund, together with all earnings and profits 
thereon, less any payments or distributions made by the Trustee 
pursuant to this Agreement. The Fund shall be held by the 
Trustee, IN TRUST, as hereinafter provided. The Trustee shall not 
be responsible nor shall it undertake any responsibility for the 
amount or adequacy of, nor any duty to collect from the Grantor, 
any payments necessary to discharge any liabilities of the 
Grantor established by NMED.

Section 4. Payments Pursuant to the Solid Waste Management 
Regulations.

The Trustee shall make payments from the Fund as the NMED 
Secretary shall direct, in writing, to provide for the payment of 
the costs pursuant to Solid Waste Management Regulations of the 
facilities covered by this Agreement. The Trustee shall reimburse 
the Grantor or other persons as specified by the NMED Secretary 
from the Fund for the costs in such amounts as the NMED Secretary 
shall direct in writing. In addition, the Trustee shall refund to 
the Grantor such amounts as the NMED Secretary specifies in 
writing. Upon refund, such funds shall no longer constitute part 
of the Fund as defined herein.

Section 5. Payments Comprising the Fund.

Payments made to the Trustee for the Fund shall consist of 
cash or securities acceptable to the Trustee as described in 
Schedule B attached hereto.

Section 6.  Trustee Management.

The Trustee shall invest and reinvest the principal and 
income of the Fund and keep the Fund invested as a single fund, 
without distinction between principal and income, in accordance 
with general investment policies and guidelines which the Grantor 
may communicate in writing to the Trustee from time to time, 
subject, however, to the provisions of this section. In 
investing, reinvesting, exchanging, selling, and managing the 
Fund, the Trustee shall discharge his duties with respect to the 
trust fund solely in the interest of the beneficiary and with the 
care, skill, prudence, and diligence under the circumstances then 
prevailing which persons of prudence, acting in a like capacity 
and familiar with such matters, would use in the conduct of an 
enterprise of a like character and with like aims; except that:

(a)	Securities or other obligations of the Grantor, or any 
other owner or operator of the facilities, or any of 
their affiliates as defined in the Investment Company 
Act of 1940, as amended, 15 U.S.C. 80a-2.(a), shall not 
be acquired or held, unless they are securities or 
other obligations of the Federal or a State government;

(b)	The Trustee is authorized to invest the Fund in time or 
demand deposits of the Trustee, to the extent insured 
by an agency of the Federal or State government; and

(c)	The Trustee is authorized to hold cash awaiting 
investment or distribution uninvested for a reasonable 
time and without liability for the payment of interest 
thereon.

Section 7. Commingling and Investment.

The Trustee is expressly authorized in its discretion:

(a)	To transfer from time to time any or all of the assets 
of the Fund to any common, commingled, or collective 
trust fund created by the Trustee in which the Fund is 
eligible to participate, subject to all of the 
provisions thereof, to be commingled with the assets of 
other trusts participating therein; and

(b)	To purchase shares in any investment company registered 
under the Investment Company Act of 1940, 15 U.S.C. 
80a-1 et seq., including one which may be created, 
managed, underwritten, or to which investment advice is 
rendered or the shares of which are sold by the 
Trustee. The Trustee may vote such shares in its 
discretion.

Section 8.  Express Powers of Trustee.

Without in any way limiting the powers and discretion 
conferred upon the Trustee by the other provisions of this 
Agreement or by law, the Trustee is expressly authorized and 
empowered:

(a)	To sell, exchange, convey, transfer, or otherwise 
dispose of any property held by it, by public or 
private sale. No person dealing with the Trustee shall 
be bound to see the application of the purchase money 
or to inquire into the validity or expediency of any 
such sale or disposition;

(b)	To make, execute, acknowledge, and deliver any and all 
documents of transfer and conveyance and any and all 
other instruments that may be necessary or appropriate 
to carry out the powers herein granted;

(c)	To register any securities held in the Fund in its own 
name or in the name of a nominee and to hold any 
security in bearer form or in book entry, or to combine 
certificates representing such securities with 
certificates of the same issue held by the Trustee in 
other fiduciary capacities, or to deposit or arrange 
for the deposit of such securities in a qualified 
central depositary even though, when so deposited, such 
securities may be merged and held in bulk in the name 
of the nominee of such depositary with other securities 
deposited therein by another person, or to deposit or 
arrange for the deposit of any securities issued by the 
United States Government, or any agency or 
instrumentality thereof, with a Federal Reserve bank, 
but the books and records of the Trustee shall at all 
times show that all such securities are part of the 
Fund;

(d)	To deposit any cash in the Fund in interest-bearing 
accounts maintained or savings certificates issued by 
the Trustee, in its separate corporate capacity, or in 
any other banking institution affiliated with the 
Trustee, to the extent insured by an agency of the 
Federal or State government; and

(e)	To compromise or otherwise adjust all claims in favor 
of or against the Fund.

Section 9. Taxes and Expenses.

All taxes of any kind that may be assessed or levied 
against or in respect of the Fund and all brokerage commissions 
incurred by the Fund shall be paid from the Fund. All other 
expenses incurred by the Trustee in connection with the 
administration of this Trust, including fees for legal services 
rendered to the Trustee, the compensation of the Trustee to the 
extent not paid directly by the Grantor, and all other proper 
charges and disbursements of the Trustee shall be paid from the 
Fund.

Section 10. Annual Valuation.

The Trustee shall annually, at least 30 days prior to the 
anniversary date of the establishment of the Fund, furnish to the 
Grantor and to the NMED Secretary a statement confirming the 
value of the Trust. Any securities in the Fund shall be valued at 
market value as of no more than 60 days prior to the anniversary 
date of establishment of the Fund. The failure of the Grantor to 
object in writing to the Trustee within 90 days after the 
statement has been furnished to the Grantor and the NMED 
Secretary shall constitute a conclusively binding assent by the 
Grantor, barring the Grantor from asserting any claim or 
liability against the Trustee with respect to matters disclosed 
in the statement.

Section 11. Advice of Counsel.

The Trustee may from time to time consult with counsel, who 
may be counsel to the Grantor, with respect to any question 
arising as to the construction of this Agreement or any action to 
be taken hereunder. The Trustee shall be fully protected, to the 
extent permitted by law, in acting upon the advise of counsel.

Section 12. Trustee Compensation.

The Trustee shall be entitled to reasonable compensation 
for its services as agreed upon in writing from time to time with 
the Grantor.

Section 13. Successor Trustee.

The Trustee may resign or the Grantor may replace the 
Trustee, but such resignation or replacement shall not be 
effective until the Grantor has appointed a successor trustee and 
this successor trustee accepts the appointment. The successor 
trustee shall have the same powers and duties as those conferred 
upon the Trustee hereunder. Upon the successor trustee's 
acceptance of the appointment, the Trustee shall assign, 
transfer, and pay over to the successor trustee the funds and 
property then constituting the Fund. If for any reason the 
Grantor cannot or does not act in the event of the resignation 
the Trustee, the Trustee may apply to a court of competent 
jurisdiction for the appointment of a successor trustee for 
instructions. The successor trustee shall specify the date on 
which it assumes administration of the trust in a writing sent to 
the Grantor, the NMED Secretary, and the present Trustee by 
certified mail 10 days before such change becomes effective. Any 
expenses incurred by the Trustee as a result of any of the acts 
contemplated by this Section shall be paid as provided in Section 
9.

Section 14. Instructions to the Trustee.

All orders, requests, and instructions by the Grantor to 
the Trustee shall be in writing, signed by such persons as are 
designated in the attached Exhibit A or such other designees as 
the Grantor may designate by amendment to Exhibit A. The Trustee 
shall be fully protected in acting without inquiry in accordance 
with the Grantor's orders, requests, and instructions. All 
orders, requests, and instructions by the NMED Secretary to the 
Trustee shall be in writing, signed by the NMED Secretary, or 
designee, and the Trustee shall act and shall be fully protected 
in acting in accordance with such orders, requests, and 
instructions. The Trustee shall have the right to assume, in the 
absence of written notice to the contrary, that no event 
constituting a change or a termination of the authority of any 
person to act on behalf of the Grantor or NMED hereunder has 
occurred. The Trustee shall have no duty to act in the absence of 
such orders, requests, and instructions from the Grantor and/or 
NMED, except as provided for herein.

Section 15. Notice of Nonpayment.

The Trustee shall notify the Grantor and the NMED Secretary 
by certified mail within 10 days following the expiration of the 
30-day period after the anniversary date of the Trust, if no 
payment is received from the Grantor during that period according 
to Schedule B attached hereto. After the payin period is 
completed, the Trustee shall not be required to send a notice of 
nonpayment.

Section 16. Amendment of Agreement.

This Agreement may be amended by an instrument in writing 
executed by the Grantor, the Trustee, and the NMED Secretary, or 
by the Trustee and the NMED Secretary if the Grantor ceases to 
exist.

Section 17. Irrevocability and Termination.

Subject to the right of the parties to amend this Agreement 
as provided in Section 16, this Trust shall be irrevocable and 
shall continue until terminated at the written agreement of the 
Grantor, the Trustee, and the NMED Secretary, or by the Trustee 
and the NMED Secretary, if the Grantor ceases to exist. Upon 
termination of the Trust, all remaining trust property, less 
final trust administration expenses, shall be delivered to the 
Grantor.

Section 18. Immunity and Indemnification.

The Trustee shall not incur personal liability of any 
nature in connection with any act or omission, made in good 
faith, in the administration of this Trust, or in carrying out 
any directions by the Grantor or the NMED Secretary issued in 
accordance with this Agreement. The Trustee shall be indemnified 
and saved harmless by the Grantor or from the Trust Fund, or 
both, from and against any personal liability to which the 
Trustee may be subjected by reason of any act or conduct in its 
official capacity, including all expenses reasonably incurred in 
its defense in the event the Grantor fails to provide such 
defense.

Section 19. Choice of Law.

This Agreement shall be administered, construed, and 
enforced according to the laws of the State of New Mexico.

Section 20. Interpretation.

As used in this Agreement, words in the singular include 
the plural and words in the plural include the singular. The 
descriptive headings for each Section of this Agreement shall not 
affect the interpretation or the legal efficacy of this 
Agreement.


In Witness Whereof the parties have caused this Agreement 
to be executed by their respective officers duly authorized and 
their corporate seals to be hereunto affixed and attested as of 
the date first above written: The parties below certify that the 
wording of this Agreement is identical to the wording specified 
in the Solid Waste Management Regulations as such regulations 
were constituted on the date first above written.

[Signature of Grantor]
[Title]

Attest:
[Title]
[Seal]
[Signature of Trustee]
Attest:
[Title]
[Seal]


State of __________________________________________

County of _________________________________________

On this [date], before me personally came [owner or 
operator] to me known, who, being by me duly sworn, did depose 
and say that she/he resides at [address], that she/he is [title] 
of [corporation], the corporation described in and which executed 
the above instrument; that she/he knows the seal of said 
corporation; that the seal affixed to such instrument is such 
corporate seal; that it was so affixed by order of the Board of 
Directors of said corporation, and that she/he signed her/his 
name thereto by like order.

[Signature of Notary Public]

[1-30-92; 8-17-94; 11-30-95]

1103.	PERFORMANCE BOND.  [1-30-92; 11-30-95]

A.	New Mexico governmental entity as beneficiary.

Date Bond executed: ___________________________________

Effective date: _______________________________________

Principal: [legal name and business address of owner or operator]

Type of organization: [insert "individual," "joint venture," 
"partnership," or "corporation"]

State of incorporation: ______________________________

Surety(ies):   [name(s) and business address(es)]
______________________________________________________

New Mexico Solid Waste Facility Permit Number, name, address, and 
amounts pursuant to the Solid Waste Management Regulations for 
each facility guaranteed by this bond [indicate costs pursuant to 
the Solid Waste Management Regulations separately ]: _______

Total penal sum of bond: $______________

Surety's bond number: __________________

Know All Persons By These Presents, That we, the Principal 
and Surety(ies) hereto are firmly bound to  [insert name of 
Municipality]  (hereinafter called ____), in the above penal sum 
for the payment of which we bind ourselves, our heirs, executors, 
administrators, successors, and assigns jointly and severally; 
provided that, where the Surety(ies) are corporations acting as 
co-sureties, we, the Sureties, bind ourselves in such sum 
"jointly and severally" only for the purpose of allowing a joint 
action or actions against any or all of us, and for all other 
purposes each Surety binds itself, jointly and severally with the 
Principal, for the payment of such sum only as is set forth 
opposite the name of such Surety, but if no limit of liability is 
indicated, the limit of liability shall be the full amount of the 
penal sum.

Whereas said Principal is required, under the Solid Waste 
Act, to have a permit in order to own or operate each solid waste 
management facility identified above, and

Whereas said Principal is required to provide financial 
assurance for certain costs pursuant to the Solid Waste 
Management Regulations and as a condition of the permit, and

Whereas said Principal shall establish a standby trust fund 
as is required when a surety bond is used to provide such 
financial assurance;

Now, Therefore, the conditions of this obligation are such 
that if the Principal shall faithfully perform the activities for 
which financial assurance is given pursuant to the Solid Waste 
Management Regulations, whenever required to do so, of each 
facility for which this bond guarantees those activities, in 
accordance with the closure/post closure/contingency plan(s) and 
other requirements of the permit as such plan(s) and permit may 
be amended, pursuant to all applicable laws, statutes, rules, and 
regulations, as such laws, statutes, rules, and regulations may 
be amended,

Or, if the Principal shall provide alternate financial 
assurance as specified in the Solid Waste Management Regulations, 
and obtain the New Mexico Environment Department (NMED) 
Secretary's written approval of such assurance, within 90 days 
after the date notice of cancellation is received by both the 
Principal and the NMED Secretary from the Surety(ies), then this 
obligation shall be null and void, otherwise it is to remain in 
full force and effect.

The Surety(ies) shall become liable on this bond obligation 
only when the Principal has failed to fulfill the conditions 
described above.

Upon notification by the NMED Secretary that the Principal 
has been found in violation of the requirements of the Solid 
Waste Management Regulations, for a facility for which this bond 
guarantees performance, the Surety(ies) shall either perform in 
accordance with the closure/post closure/contingency plan(s) and 
other permit requirements or place the amount(s) guaranteed for 
the facility into the standby trust fund as directed by the NMED 
Secretary.

Upon notification by the NMED Secretary that the Principal 
has failed to provide alternate financial assurance as specified 
in the Solid Waste Management Regulations, and obtain written 
approval of such assurance from the NMED Secretary during the 90 
days following receipt by both the Principal and the NMED 
Secretary of a notice of cancellation of the bond, the 
Surety(ies) shall place funds in the amount(s) guaranteed for the 
facility(ies) into the standby trust fund as directed by the NMED 
Secretary.

The Surety(ies) hereby waive(s) notification of amendments 
to closure/post closure/contingency plan(s), permit, applicable 
laws, statutes, rules, and regulations and agrees that no such 
amendment shall in any way alleviate its (their) obligation on 
this bond.

The liability of the Surety(ies) shall not be discharged by 
any payment or succession of payments hereunder, unless and until 
such payment or payments shall amount in the aggregate to the 
penal sum of the bond, but in no event shall the obligation of 
the Surety(ies) hereunder exceed the amount of said penal sum.

The Surety(ies) may cancel the bond by sending notice of 
cancellation by certified mail to the owner or operator and to 
the NMED Secretary, provided, however, that cancellation shall 
not occur during the 120 days beginning on the date of receipt of 
the notice of cancellation by both the Principal and the NMED 
Secretary, as evidenced by the return receipts.

The Principal may terminate this bond by sending written 
notice to the Surety(ies), provided, however, that no such notice 
shall become effective until the Surety(ies) receive(s) written 
authorization for termination of the bond by the NMED Secretary.

Principal and Surety(ies) hereby agree to adjust the penal 
sum of the bond yearly so that it guarantees a new amount(s) for 
the activities required in the permit and pursuant to the Solid 
Waste Management Regulations, provided that no decrease in the 
penal sum takes place without the written permission of the NMED 
Secretary.

In Witness Whereof, The Principal and Surety(ies) have 
executed this Performance Bond and have affixed their seals on 
the date set forth above.

The persons whose signatures appear below hereby certify 
that they are authorized to execute this surety bond on behalf of 
the Principal and Surety(ies) and that the wording of this surety 
bond is identical to the wording specified in the Solid Waste 
Management Regulations ____________ as such regulation was 
constituted on the date this bond was executed.

Principal

[Signature(s)]

[Name(s)]

[Title(s)]

[Corporate seal]


Corporate Surety(ies)

[Name and address]

State of incorporation: ____________________________

Liability limit: $_____________________

[Signature(s)]

[Name(s) and title(s)]

[Corporate seal]

Bond premium: $______________

[1-30-92; 11-30-95]

B.	Department as beneficiary.

Date Bond executed: ___________________________________

Effective date: _______________________________________

Principal: [legal name and business address of owner or operator]

Type of organization: [insert "individual," "joint venture," 
"partnership," or "corporation"]

State of incorporation: ______________________________

Surety(ies):   [name(s) and business address(es)]
______________________________________________________

New Mexico Solid Waste Facility Permit Number, name, address, and 
amounts pursuant to the Solid Waste Management Regulations for 
each facility guaranteed by this bond [indicate costs pursuant to 
the Solid Waste Management Regulations separately ]: _______

Total penal sum of bond: $______________

Surety's bond number: __________________

Know All Persons By These Presents, That we, the Principal 
and Surety(ies) hereto are firmly bound to the State of New 
Mexico, C/O Secretary, New Mexico Environment Department 
(hereinafter called NMED), in the above penal sum for the payment 
of which we bind ourselves, our heirs, executors, administrators, 
successors, and assigns jointly and severally; provided that, 
where the Surety(ies) are corporations acting as co-sureties, we, 
the Sureties, bind ourselves in such sum "jointly and severally" 
only for the purpose of allowing a joint action or actions 
against any or all of us, and for all other purposes each Surety 
binds itself, jointly and severally with the Principal, for the 
payment of such sum only as is set forth opposite the name of 
such Surety, but if no limit of liability is indicated, the limit 
of liability shall be the full amount of the penal sum.

Whereas said Principal is required, under the Solid Waste 
Act, to have a permit in order to own or operate each solid waste 
management facility identified above, and

Whereas said Principal is required to provide financial 
assurance for certain costs pursuant to the Solid Waste 
Management Regulations and as a condition of the permit, and

Whereas said Principal shall establish a standby trust fund 
as is required when a surety bond is used to provide such 
financial assurance;

Now, Therefore, the conditions of this obligation are such 
that if the Principal shall faithfully perform the activities for 
which financial assurance is given pursuant to the Solid Waste 
Management Regulations, whenever required to do so, of each 
facility for which this bond guarantees those activities, in 
accordance with the closure/post closure/contingency plan(s) and 
other requirements of the permit as such plan(s) and permit may 
be amended, pursuant to all applicable laws, statutes, rules, and 
regulations, as such laws, statutes, rules, and regulations may 
be amended,

Or, if the Principal shall provide alternate financial 
assurance as specified in the Solid Waste Management Regulations, 
and obtain the NMED Secretary's written approval of such 
assurance, within 90 days after the date notice of cancellation 
is received by both the Principal and the NMED Secretary from the 
Surety(ies), then this obligation shall be null and void, 
otherwise it is to remain in full force and effect.

The Surety(ies) shall become liable on this bond obligation 
only when the Principal has failed to fulfill the conditions 
described above.

Upon notification by the NMED Secretary that the Principal 
has been found in violation of the requirements of the Solid 
Waste Management Regulations, for a facility for which this bond 
guarantees performance, the Surety(ies) shall either perform in 
accordance with the closure/post closure/contingency plan(s) and 
other permit requirements or place the amount(s) guaranteed for 
the facility into the standby trust fund as directed by the NMED 
Secretary.

Upon notification by the NMED Secretary that the Principal 
has failed to provide alternate financial assurance as specified 
in the Solid Waste Management Regulations, and obtain written 
approval of such assurance from the NMED Secretary during the 90 
days following receipt by both the Principal and the NMED 
Secretary of a notice of cancellation of the bond, the 
Surety(ies) shall place funds in the amount(s) guaranteed for the 
facility(ies) into the standby trust fund as directed by the NMED 
Secretary.

The Surety(ies) hereby waive(s) notification of amendments 
to closure/post closure/contingency plan(s), permit, applicable 
laws, statutes, rules, and regulations and agrees that no such 
amendment shall in any way alleviate its (their) obligation on 
this bond.

The liability of the Surety(ies) shall not be discharged by 
any payment or succession of payments hereunder, unless and until 
such payment or payments shall amount in the aggregate to the 
penal sum of the bond, but in no event shall the obligation of 
the Surety(ies) hereunder exceed the amount of said penal sum.

The Surety(ies) may cancel the bond by sending notice of 
cancellation by certified mail to the owner or operator and to 
the NMED Secretary, provided, however, that cancellation shall 
not occur during the 120 days beginning on the date of receipt of 
the notice of cancellation by both the Principal and the NMED 
Secretary, as evidenced by the return receipts.

The Principal may terminate this bond by sending written 
notice to the Surety(ies), provided, however, that no such notice 
shall become effective until the Surety(ies) receive(s) written 
authorization for termination of the bond by the NMED Secretary.

Principal and Surety(ies) hereby agree to adjust the penal 
sum of the bond yearly so that it guarantees a new amount(s) for 
the activities required in the permit and pursuant to the Solid 
Waste Management Regulations, provided that no decrease in the 
penal sum takes place without the written permission of the NMED 
Secretary.

In Witness Whereof, The Principal and Surety(ies) have 
executed this Performance Bond and have affixed their seals on 
the date set forth above.

The persons whose signatures appear below hereby certify 
that they are authorized to execute this surety bond on behalf of 
the Principal and Surety(ies) and that the wording of this surety 
bond is identical to the wording specified in the Solid Waste 
Management Regulations ____________ as such regulation was 
constituted on the date this bond was executed.

Principal

[Signature(s)]

[Name(s)]

[Title(s)]

[Corporate seal]

Corporate Surety(ies)

[Name and address]

State of incorporation: ____________________________

Liability limit: $_____________________

[Signature(s)]

[Name(s) and title(s)]

[Corporate seal]


Bond premium: $______________

[1-30-92; 11-30-95]

1104.	STANDBY TRUST AGREEMENT.  [1-30-92; 11-30-95]

A.	New Mexico governmental entity as beneficiary.

Trust Agreement, the "Agreement," entered into as of [date] 
by and between [name of the owner or operator], a [name of State] 
[insert "corporation," "partnership," "association," or 
"proprietorship"], the "Grantor," and [name of corporate 
trustee], [insert "incorporated in the State of ____" or "a 
national bank"], the "Trustee."

Whereas, the New Mexico Environmental Improvement Board, 
"EIB", has established certain regulations applicable to the 
Grantor, requiring that an owner or operator of a solid waste 
management facility shall provide assurance that funds will be 
available when needed for certain activities as required in a 
permit issued pursuant to the Solid Waste Management Regulations.

Whereas, the Grantor has elected to establish a trust to 
provide all or part of such financial assurance for the 
facilities identified herein,

Whereas, the Grantor, acting through its duly authorized 
officers, has selected the Trustee to be the trustee under this 
agreement, and the Trustee is willing to act as trustee,

Now, Therefore, the Grantor and the Trustee agree as 
follows:

Section 1.  Definitions.

As used in this Agreement:

(a)	The term "Grantor" means the owner or operator who 
enters into this Agreement and any successors or 
assigns of the Grantor.

(b)	The term "Trustee" means the Trustee who enters into 
this Agreement and any successor Trustee.

Section 2. Identification of Facilities and Cost Estimates. 

This Agreement pertains to the facilities and cost 
estimates identified on attached Schedule A [on Schedule A, for 
each facility list the New Mexico Solid Waste Facility Permit 
number, name, address, and the current cost estimates for which 
financial assurance is demonstrated by this Agreement].

Section 3. Establishment of Fund.

The Grantor and the Trustee hereby establish a trust fund, 
the "Fund," for the benefit of [insert name of Municipality] 
(____).  The Grantor and the Trustee intend that no third party 
have access to the Fund except as herein provided. The Fund is 
established initially as consisting of the property, which is 
acceptable to the Trustee, described in Schedule B attached 
hereto. Such property and any other property subsequently 
transferred to the Trustee is referred to as the Fund, together 
with all earnings and profits thereon, less any payments or 
distributions made by the Trustee pursuant to this Agreement. The 
Fund shall be held by the Trustee, IN TRUST, as hereinafter 
provided. The Trustee shall not be responsible nor shall it 
undertake any responsibility for the amount or adequacy of, nor 
any duty to collect from the Grantor, any payments necessary to 
discharge any liabilities of the Grantor established by the New 
Mexico Environment Department (NMED).
Section 4. Payments Pursuant to the Solid Waste Management 
Regulations.

The Trustee shall make payments from the Fund as the NMED 
Secretary shall direct, in writing, to provide for the payment of 
the costs pursuant to Solid Waste Management Regulations of the 
facilities covered by this Agreement. The Trustee shall reimburse 
the Grantor or other persons as specified by the NMED Secretary 
from the Fund for the costs in such amounts as the NMED Secretary 
shall direct in writing. In addition, the Trustee shall refund to 
the Grantor such amounts as the NMED Secretary specifies in 
writing. Upon refund, such funds shall no longer constitute part 
of the Fund as defined herein.

Section 5. Payments Comprising the Fund.  

Payments made to the Trustee for the Fund shall consist of 
cash or securities acceptable to the Trustee as described in 
Schedule B attached hereto.

Section 6.  Trustee Management.

The Trustee shall invest and reinvest the principal and 
income of the Fund and keep the Fund invested as a single fund, 
without distinction between principal and income, in accordance 
with general investment policies and guidelines which the Grantor 
may communicate in writing to the Trustee from time to time, 
subject, however, to the provisions of this section. In 
investing, reinvesting, exchanging, selling, and managing the 
Fund, the Trustee shall discharge his duties with respect to the 
trust fund solely in the interest of the beneficiary and with the 
care, skill, prudence, and diligence under the circumstances then 
prevailing which persons of prudence, acting in a like capacity 
and familiar with such matters, would use in the conduct of an 
enterprise of a like character and with like aims; except that:

(a)	Securities or other obligations of the Grantor, or any 
other owner or operator of the facilities, or any of 
their affiliates as defined in the Investment Company 
Act of 1940, as amended, 15 U.S.C. 80a-2.(a), shall not 
be acquired or held, unless they are securities or 
other obligations of the Federal or a State government;

(b)	The Trustee is authorized to invest the Fund in time or 
demand deposits of the Trustee, to the extent insured 
by an agency of the Federal or State government; and

(c)	The Trustee is authorized to hold cash awaiting 
investment or distribution uninvested for a reasonable 
time and without liability for the payment of interest 
thereon.

Section 7. Commingling and Investment.

The Trustee is expressly authorized in its discretion:

(a)	To transfer from time to time any or all of the assets 
of the Fund to any common, commingled, or collective 
trust fund created by the Trustee in which the Fund is 
eligible to participate, subject to all of the 
provisions thereof, to be commingled with the assets of 
other trusts participating therein; and

(b)	To purchase shares in any investment company registered 
under the Investment Company Act of 1940, 15 U.S.C. 
80a-1 et seq., including one which may be created, 
managed, underwritten, or to which investment advice is 
rendered or the shares of which are sold by the 
Trustee. The Trustee may vote such shares in its 
discretion.

Section 8.  Express Powers of Trustee.  

Without in any way limiting the powers and discretion 
conferred upon the Trustee by the other provisions of this 
Agreement or by law, the Trustee is expressly authorized and 
empowered:

(a)	To sell, exchange, convey, transfer, or otherwise 
dispose of any property held by it, by public or 
private sale. No person dealing with the Trustee shall 
be bound to see the application of the purchase money 
or to inquire into the validity or expediency of any 
such sale or disposition;

(b)	To make, execute, acknowledge, and deliver any and all 
documents of transfer and conveyance and any and all 
other instruments that may be necessary or appropriate 
to carry out the powers herein granted;

(c)	To register any securities held in the Fund in its own 
name or in the name of a nominee and to hold any 
security in bearer form or in book entry, or to combine 
certificates representing such securities with 
certificates of the same issue held by the Trustee in 
other fiduciary capacities, or to deposit or arrange 
for the deposit of such securities in a qualified 
central depositary even though, when so deposited, such 
securities may be merged and held in bulk in the name 
of the nominee of such depositary with other securities 
deposited therein by another person, or to deposit or 
arrange for the deposit of any securities issued by the 
United States Government, or any agency or 
instrumentality thereof, with a Federal Reserve bank, 
but the books and records of the Trustee shall at all 
times show that all such securities are part of the 
Fund;

(d)	To deposit any cash in the Fund in interest-bearing 
accounts maintained or savings certificates issued by 
the Trustee, in its separate corporate capacity, or in 
any other banking institution affiliated with the 
Trustee, to the extent insured by an agency of the 
Federal or State government; and

(e)	To compromise or otherwise adjust all claims in favor 
of or against the Fund.

Section 9. Taxes and Expenses.

All taxes of any kind that may be assessed or levied 
against or in respect of the Fund and all brokerage commissions 
incurred by the Fund shall be paid from the Fund. All other 
expenses incurred by the Trustee in connection with the 
administration of this Trust, including fees for legal services 
rendered to the Trustee, the compensation of the Trustee to the 
extent not paid directly by the Grantor, and all other proper 
charges and disbursements of the Trustee shall be paid from the 
Fund.

Section 10. Annual Valuation.

The Trustee shall annually, at least 30 days prior to the 
anniversary date of the establishment of the Fund, furnish to the 
Grantor and to the NMED Secretary a statement confirming the 
value of the Trust. Any securities in the Fund shall be valued at 
market value as of no more than 60 days prior to the anniversary 
date of establishment of the Fund. The failure of the Grantor to 
object in writing to the Trustee within 90 days after the 
statement has been furnished to the Grantor and the NMED 
Secretary shall constitute a conclusively binding assent by the 
Grantor, barring the Grantor from asserting any claim or 
liability against the Trustee with respect to matters disclosed 
in the statement.

Section 11. Advice of Counsel.

The Trustee may from time to time consult with counsel, who 
may be counsel to the Grantor, with respect to any question 
arising as to the construction of this Agreement or any action to 
be taken hereunder. The Trustee shall be fully protected, to the 
extent permitted by law, in acting upon the advise of counsel.

Section 12. Trustee Compensation.

The Trustee shall be entitled to reasonable compensation 
for its services as agreed upon in writing from time to time with 
the Grantor.

Section 13. Successor Trustee.

The Trustee may resign or the Grantor may replace the 
Trustee, but such resignation or replacement shall not be 
effective until the Grantor has appointed a successor trustee and 
this successor trustee accepts the appointment. The successor 
trustee shall have the same powers and duties as those conferred 
upon the Trustee hereunder. Upon the successor trustee's 
acceptance of the appointment, the Trustee shall assign, 
transfer, and pay over to the successor trustee the funds and 
property then constituting the Fund. If for any reason the 
Grantor cannot or does not act in the event of the resignation 
the Trustee, the Trustee may apply to a court of competent 
jurisdiction for the appointment of a successor trustee for 
instructions. The successor trustee shall specify the date on 
which it assumes administration of the trust in a writing sent to 
the Grantor, the NMED Secretary, and the present Trustee by 
certified mail 10 days before such change becomes effective. Any 
expenses incurred by the Trustee as a result of any of the acts 
contemplated by this Section shall be paid as provided in Section 
9.

Section 14. Instructions to the Trustee.

All orders, requests, and instructions by the Grantor to 
the Trustee shall be in writing, signed by such persons as are 
designated in the attached Exhibit A or such other designees as 
the Grantor may designate by amendment to Exhibit A. The Trustee 
shall be fully protected in acting without inquiry in accordance 
with the Grantor's orders, requests, and instructions. All 
orders, requests, and instructions by the NMED Secretary to the 
Trustee shall be in writing, signed by the NMED Secretary, or 
designee, and the Trustee shall act and shall be fully protected 
in acting in accordance with such orders, requests, and 
instructions. The Trustee shall have the right to assume, in the 
absence of written notice to the contrary, that no event 
constituting a change or a termination of the authority of any 
person to act on behalf of the Grantor or NMED hereunder has 
occurred. The Trustee shall have no duty to act in the absence of 
such orders, requests, and instructions from the Grantor and/or 
NMED, except as provided for herein.

Section 15. Notice of Nonpayment.

The Trustee shall notify the Grantor and the NMED Secretary 
by certified mail within 10 days following the expiration of the 
30-day period after the anniversary date of the Trust, if no 
payment is received from the Grantor during that period according 
to Schedule B attached hereto. After the payin period is 
completed, the Trustee shall not be required to send a notice of 
nonpayment.

Section 16. Amendment of Agreement.

This Agreement may be amended by an instrument in writing 
executed by the Grantor, the Trustee, and the NMED Secretary, or 
by the Trustee and the NMED Secretary if the Grantor ceases to 
exist.

Section 17. Irrevocability and Termination.

Subject to the right of the parties to amend this Agreement 
as provided in Section 16, this Trust shall be irrevocable and 
shall continue until terminated at the written agreement of the 
Grantor, the Trustee, and the NMED Secretary, or by the Trustee 
and the NMED Secretary, if the Grantor ceases to exist. Upon 
termination of the Trust, all remaining trust property, less 
final trust administration expenses, shall be delivered to the 
Grantor.

Section 18. Immunity and Indemnification.

The Trustee shall not incur personal liability of any 
nature in connection with any act or omission, made in good 
faith, in the administration of this Trust, or in carrying out 
any directions by the Grantor or the NMED Secretary issued in 
accordance with this Agreement. The Trustee shall be indemnified 
and saved harmless by the Grantor or from the Trust Fund, or 
both, from and against any personal liability to which the 
Trustee may be subjected by reason of any act or conduct in its 
official capacity, including all expenses reasonably incurred in 
its defense in the event the Grantor fails to provide such 
defense.

Section 19. Choice of Law.

This Agreement shall be administered, construed, and 
enforced according to the laws of the State of New Mexico.

Section 20. Interpretation.

As used in this Agreement, words in the singular include 
the plural and words in the plural include the singular. The 
descriptive headings for each Section of this Agreement shall not 
affect the interpretation or the legal efficacy of this 
Agreement.


In Witness Whereof the parties have caused this Agreement 
to be executed by their respective officers duly authorized and 
their corporate seals to be hereunto affixed and attested as of 
the date first above written: The parties below certify that the 
wording of this Agreement is identical to the wording specified 
in the Solid Waste Management Regulations as such regulations 
were constituted on the date first above written.

[Signature of Grantor]
[Title]

Attest:
[Title]
[Seal]
[Signature of Trustee]

Attest:
[Title]
[Seal]


State of __________________________________________

County of _________________________________________

On this [date], before me personally came [owner or 
operator] to me known, who, being by me duly sworn, did depose 
and say that she/he resides at [address], that she/he is [title] 
of [corporation], the corporation described in and which executed 
the above instrument; that she/he knows the seal of said 
corporation; that the seal affixed to such instrument is such 
corporate seal; that it was so affixed by order of the Board of 
Directors of said corporation, and that she/he signed her/his 
name thereto by like order.

[Signature of Notary Public]

[1-30-92; 8-17-94; 11-30-95]

B.	Department as beneficiary.

Trust Agreement, the "Agreement," entered into as of [date] 
by and between [name of the owner or operator], a [name of State] 
[insert "corporation," "partnership," "association," or 
"proprietorship"], the "Grantor," and [name of corporate 
trustee], [insert "incorporated in the State of ____" or "a 
national bank"], the "Trustee."

Whereas, the New Mexico Environmental Improvement Board, 
"EIB", has established certain regulations applicable to the 
Grantor, requiring that an owner or operator of a solid waste 
management facility shall provide assurance that funds will be 
available when needed for certain activities as required in a 
permit issued pursuant to the Solid Waste Management Regulations.

Whereas, the Grantor has elected to establish a trust to 
provide all or part of such financial assurance for the 
facilities identified herein,

Whereas, the Grantor, acting through its duly authorized 
officers, has selected the Trustee to be the trustee under this 
agreement, and the Trustee is willing to act as trustee,

Now, Therefore, the Grantor and the Trustee agree as 
follows:

Section 1.  Definitions.

As used in this Agreement:

(a)	The term "Grantor" means the owner or operator who 
enters into this Agreement and any successors or 
assigns of the Grantor.

(b)	The term "Trustee" means the Trustee who enters into 
this Agreement and any successor Trustee.

Section 2. Identification of Facilities and Cost Estimates. 

This Agreement pertains to the facilities and cost 
estimates identified on attached Schedule A [on Schedule A, for 
each facility list the New Mexico Solid Waste Facility Permit 
number, name, address, and the current cost estimates for which 
financial assurance is demonstrated by this Agreement].

Section 3. Establishment of Fund.

The Grantor and the Trustee hereby establish a trust fund, 
the "Fund," for the benefit of the State of New Mexico, C/O 
Secretary, New Mexico Environment Department (NMED). The Grantor 
and the Trustee intend that no third party have access to the 
Fund except as herein provided. The Fund is established initially 
as consisting of the property, which is acceptable to the 
Trustee, described in Schedule B attached hereto. Such property 
and any other property subsequently transferred to the Trustee is 
referred to as the Fund, together with all earnings and profits 
thereon, less any payments or distributions made by the Trustee 
pursuant to this Agreement. The Fund shall be held by the 
Trustee, IN TRUST, as hereinafter provided. The Trustee shall not 
be responsible nor shall it undertake any responsibility for the 
amount or adequacy of, nor any duty to collect from the Grantor, 
any payments necessary to discharge any liabilities of the 
Grantor established by NMED.
Section 4. Payments Pursuant to the Solid Waste Management 
Regulations. 

The Trustee shall make payments from the Fund as the NMED 
Secretary shall direct, in writing, to provide for the payment of 
the costs pursuant to Solid Waste Management Regulations of the 
facilities covered by this Agreement. The Trustee shall reimburse 
the Grantor or other persons as specified by the NMED Secretary 
from the Fund for the costs in such amounts as the NMED Secretary 
shall direct in writing. In addition, the Trustee shall refund to 
the Grantor such amounts as the NMED Secretary specifies in 
writing. Upon refund, such funds shall no longer constitute part 
of the Fund as defined herein.

Section 5. Payments Comprising the Fund.

Payments made to the Trustee for the Fund shall consist of 
cash or securities acceptable to the Trustee as described in 
Schedule B attached hereto.

Section 6.  Trustee Management.

The Trustee shall invest and reinvest the principal and 
income of the Fund and keep the Fund invested as a single fund, 
without distinction between principal and income, in accordance 
with general investment policies and guidelines which the Grantor 
may communicate in writing to the Trustee from time to time, 
subject, however, to the provisions of this section. In 
investing, reinvesting, exchanging, selling, and managing the 
Fund, the Trustee shall discharge his duties with respect to the 
trust fund solely in the interest of the beneficiary and with the 
care, skill, prudence, and diligence under the circumstances then 
prevailing which persons of prudence, acting in a like capacity 
and familiar with such matters, would use in the conduct of an 
enterprise of a like character and with like aims; except that:

(a)	Securities or other obligations of the Grantor, or any 
other owner or operator of the facilities, or any of 
their affiliates as defined in the Investment Company 
Act of 1940, as amended, 15 U.S.C. 80a-2.(a), shall not 
be acquired or held, unless they are securities or 
other obligations of the Federal or a State government;

(b)	The Trustee is authorized to invest the Fund in time or 
demand deposits of the Trustee, to the extent insured 
by an agency of the Federal or State government; and

(c)	The Trustee is authorized to hold cash awaiting 
investment or distribution uninvested for a reasonable 
time and without liability for the payment of interest 
thereon.

Section 7. Commingling and Investment.

The Trustee is expressly authorized in its discretion:

(a)	To transfer from time to time any or all of the assets 
of the Fund to any common, commingled, or collective 
trust fund created by the Trustee in which the Fund is 
eligible to participate, subject to all of the 
provisions thereof, to be commingled with the assets of 
other trusts participating therein; and

(b)	To purchase shares in any investment company registered 
under the Investment Company Act of 1940, 15 U.S.C. 
80a-1 et seq., including one which may be created, 
managed, underwritten, or to which investment advice is 
rendered or the shares of which are sold by the 
Trustee. The Trustee may vote such shares in its 
discretion.

Section 8.  Express Powers of Trustee.

Without in any way limiting the powers and discretion 
conferred upon the Trustee by the other provisions of this 
Agreement or by law, the Trustee is expressly authorized and 
empowered:

(a)	To sell, exchange, convey, transfer, or otherwise 
dispose of any property held by it, by public or 
private sale. No person dealing with the Trustee shall 
be bound to see the application of the purchase money 
or to inquire into the validity or expediency of any 
such sale or disposition;

(b)	To make, execute, acknowledge, and deliver any and all 
documents of transfer and conveyance and any and all 
other instruments that may be necessary or appropriate 
to carry out the powers herein granted;

(c)	To register any securities held in the Fund in its own 
name or in the name of a nominee and to hold any 
security in bearer form or in book entry, or to combine 
certificates representing such securities with 
certificates of the same issue held by the Trustee in 
other fiduciary capacities, or to deposit or arrange 
for the deposit of such securities in a qualified 
central depositary even though, when so deposited, such 
securities may be merged and held in bulk in the name 
of the nominee of such depositary with other securities 
deposited therein by another person, or to deposit or 
arrange for the deposit of any securities issued by the 
United States Government, or any agency or 
instrumentality thereof, with a Federal Reserve bank, 
but the books and records of the Trustee shall at all 
times show that all such securities are part of the 
Fund;

(d)	To deposit any cash in the Fund in interest-bearing 
accounts maintained or savings certificates issued by 
the Trustee, in its separate corporate capacity, or in 
any other banking institution affiliated with the 
Trustee, to the extent insured by an agency of the 
Federal or State government; and

(e)	To compromise or otherwise adjust all claims in favor 
of or against the Fund.

Section 9. Taxes and Expenses.

All taxes of any kind that may be assessed or levied 
against or in respect of the Fund and all brokerage commissions 
incurred by the Fund shall be paid from the Fund. All other 
expenses incurred by the Trustee in connection with the 
administration of this Trust, including fees for legal services 
rendered to the Trustee, the compensation of the Trustee to the 
extent not paid directly by the Grantor, and all other proper 
charges and disbursements of the Trustee shall be paid from the 
Fund.

Section 10. Annual Valuation.

The Trustee shall annually, at least 30 days prior to the 
anniversary date of the establishment of the Fund, furnish to the 
Grantor and to the NMED Secretary a statement confirming the 
value of the Trust. Any securities in the Fund shall be valued at 
market value as of no more than 60 days prior to the anniversary 
date of establishment of the Fund. The failure of the Grantor to 
object in writing to the Trustee within 90 days after the 
statement has been furnished to the Grantor and the NMED 
Secretary shall constitute a conclusively binding assent by the 
Grantor, barring the Grantor from asserting any claim or 
liability against the Trustee with respect to matters disclosed 
in the statement.

Section 11. Advice of Counsel.

The Trustee may from time to time consult with counsel, who 
may be counsel to the Grantor, with respect to any question 
arising as to the construction of this Agreement or any action to 
be taken hereunder. The Trustee shall be fully protected, to the 
extent permitted by law, in acting upon the advise of counsel.

Section 12. Trustee Compensation.

The Trustee shall be entitled to reasonable compensation 
for its services as agreed upon in writing from time to time with 
the Grantor.

Section 13. Successor Trustee.

The Trustee may resign or the Grantor may replace the 
Trustee, but such resignation or replacement shall not be 
effective until the Grantor has appointed a successor trustee and 
this successor trustee accepts the appointment. The successor 
trustee shall have the same powers and duties as those conferred 
upon the Trustee hereunder. Upon the successor trustee's 
acceptance of the appointment, the Trustee shall assign, 
transfer, and pay over to the successor trustee the funds and 
property then constituting the Fund. If for any reason the 
Grantor cannot or does not act in the event of the resignation 
the Trustee, the Trustee may apply to a court of competent 
jurisdiction for the appointment of a successor trustee for 
instructions. The successor trustee shall specify the date on 
which it assumes administration of the trust in a writing sent to 
the Grantor, the NMED Secretary, and the present Trustee by 
certified mail 10 days before such change becomes effective. Any 
expenses incurred by the Trustee as a result of any of the acts 
contemplated by this Section shall be paid as provided in Section 
9.

Section 14. Instructions to the Trustee.

All orders, requests, and instructions by the Grantor to 
the Trustee shall be in writing, signed by such persons as are 
designated in the attached Exhibit A or such other designees as 
the Grantor may designate by amendment to Exhibit A. The Trustee 
shall be fully protected in acting without inquiry in accordance 
with the Grantor's orders, requests, and instructions. All 
orders, requests, and instructions by the NMED Secretary to the 
Trustee shall be in writing, signed by the NMED Secretary, or 
designee, and the Trustee shall act and shall be fully protected 
in acting in accordance with such orders, requests, and 
instructions. The Trustee shall have the right to assume, in the 
absence of written notice to the contrary, that no event 
constituting a change or a termination of the authority of any 
person to act on behalf of the Grantor or NMED hereunder has 
occurred. The Trustee shall have no duty to act in the absence of 
such orders, requests, and instructions from the Grantor and/or 
NMED, except as provided for herein.

Section 15. Notice of Nonpayment. 

The Trustee shall notify the Grantor and the NMED Secretary 
by certified mail within 10 days following the expiration of the 
30-day period after the anniversary date of the Trust, if no 
payment is received from the Grantor during that period according 
to Schedule B attached hereto. After the payin period is 
completed, the Trustee shall not be required to send a notice of 
nonpayment.

Section 16. Amendment of Agreement.

This Agreement may be amended by an instrument in writing 
executed by the Grantor, the Trustee, and the NMED Secretary, or 
by the Trustee and the NMED Secretary if the Grantor ceases to 
exist.

Section 17. Irrevocability and Termination.

Subject to the right of the parties to amend this Agreement 
as provided in Section 16, this Trust shall be irrevocable and 
shall continue until terminated at the written agreement of the 
Grantor, the Trustee, and the NMED Secretary, or by the Trustee 
and the NMED Secretary, if the Grantor ceases to exist. Upon 
termination of the Trust, all remaining trust property, less 
final trust administration expenses, shall be delivered to the 
Grantor.

Section 18. Immunity and Indemnification.

The Trustee shall not incur personal liability of any 
nature in connection with any act or omission, made in good 
faith, in the administration of this Trust, or in carrying out 
any directions by the Grantor or the NMED Secretary issued in 
accordance with this Agreement. The Trustee shall be indemnified 
and saved harmless by the Grantor or from the Trust Fund, or 
both, from and against any personal liability to which the 
Trustee may be subjected by reason of any act or conduct in its 
official capacity, including all expenses reasonably incurred in 
its defense in the event the Grantor fails to provide such 
defense.

Section 19. Choice of Law. 

This Agreement shall be administered, construed, and 
enforced according to the laws of the State of New Mexico.

Section 20. Interpretation.

As used in this Agreement, words in the singular include 
the plural and words in the plural include the singular. The 
descriptive headings for each Section of this Agreement shall not 
affect the interpretation or the legal efficacy of this 
Agreement.


In Witness Whereof the parties have caused this Agreement 
to be executed by their respective officers duly authorized and 
their corporate seals to be hereunto affixed and attested as of 
the date first above written: The parties below certify that the 
wording of this Agreement is identical to the wording specified 
in the Solid Waste Management Regulations as such regulations 
were constituted on the date first above written.

[Signature of Grantor]
[Title]

Attest:
[Title]
[Seal]
[Signature of Trustee]

Attest:
[Title]
[Seal]


State of __________________________________________

County of _________________________________________

On this [date], before me personally came [owner or 
operator] to me known, who, being by me duly sworn, did depose 
and say that she/he resides at [address], that she/he is [title] 
of [corporation], the corporation described in and which executed 
the above instrument; that she/he knows the seal of said 
corporation; that the seal affixed to such instrument is such 
corporate seal; that it was so affixed by order of the Board of 
Directors of said corporation, and that she/he signed her/his 
name thereto by like order.

[Signature of Notary Public]

[1-30-92; 8-17-94; 11-30-95]

1105.	LOCAL GOVERNMENT RESERVE RESOLUTION.  [8-17-94; 11-30-95]

(Council/Commission) Bill No.:

SPONSORED BY:


	RESOLUTION
ESTABLISHING A RESTRICTED CASH ACCOUNT AND RELATED LIABILITY 
ACCOUNT IN THE (insert name of the fund) FUND TO PROVIDE FUNDS 
FOR FUTURE (CLOSURE, POST-CLOSURE, PHASE I AND PHASE II, AND/OR 
CORRECTIVE ACTION) COSTS AT THE (insert name of governmental 
entity) FACILITY KNOWN AS (insert name of facility).

WHEREAS, the (insert name of governmental entity) is 
(opening, operating, closing) a solid waste management facility 
known as (insert name of facility); and

WHEREAS, the post-closure care period of the (name of 
facility) is expected to be at least (insert number of years) 
years; and,

WHEREAS, the (insert name of the facility) facility is 
being designed and constructed to meet or exceed the Solid Waste 
Management Regulations of the State of New Mexico; and

WHEREAS, the Solid Waste Management Regulations require the 
owner or operator shall establish financial assurance for 
adequate (closure, post-closure care, Phase I and Phase II 
assessment,  and/or corrective action) for the facility; and,

WHEREAS, the cost for (closure, post-closure, Phase I and 
Phase II assessment, and/or corrective action) is estimated to be 
(insert dollar amount numeric and written) based on a cost 
summary provided by the landfill design engineers; and,

WHEREAS, the annual amount to be transferred in FY (insert 
fiscal year) is (insert dollar amount, numeric and written).

BE IT RESOLVED BY THE COUNCIL/COMMISSION, THE GOVERNING 
BODY OF (insert name of governing body);

Section 1. That the (Name of the Governing Body) establish a 
restricted cash account and related liability account in the 
(insert name of the fund) to be used solely to fund future 
(closure, post-closure, Phase I and Phase II, and/or corrective 
action) expenditures for (the name of the facility) facility.

Section 2. That each year the (managing department/entity of the 
facility) shall include as part of its annual budget submittal, 
an amount to be appropriate for transfer into the restricted cash 
account with a related liability account for the unspent 
appropriation. Each year the transfer will be reviewed and 
adjusted to reflect any increases of decreases in the original 
cost estimate of (insert dollar amount). This will build a fund 
sufficient to assure (closure, post-closure, Phase I and Phase II 
assessment, and/or corrective action) costs for the (insert name 
of the facility) facility by (insert year).

Section 3. That withdrawals from the restricted cash account 
shall only be for the purposes of (closure, post-closure, Phase I 
and Phase II assessment, and/or corrective action) as defined in 
the Solid Waste Management Regulations of the State of New Mexico 
for the (insert name of the facility) facility.
Section 4. That withdrawals from the restricted cash account 
shall only be authorized by the (City Council/County Commission) 
and the Secretary of the New Mexico Environment Department upon 
submission of adequate proof of work performed for (closure, 
post-closure, Phase I and Phase II assessment, and/or corrective 
action) as defined in the Solid Waste Management Regulations of 
the State of New Mexico.

[8-17-94; 11-30-95]

1106.	CERTIFICATE OF INSURANCE FOR CLOSURE, POST-CLOSURE CARE, 
AND/OR PHASE I AND PHASE II ASSESSMENT.

Name and Address of Insurer
(herein called the "Insurer"):____________________
Name and Address of Insured
(herein called the "Insured"):____________________

Facilities Covered:	[List for each facility:
The New Mexico Environment Department Identification 
Number, name, address, and the amount of insurance for 
closure, the amount of insurance for post-closure care, the 
amount of insurance for Phase I and Phase II assessment 
(these amounts for all facilities covered must total the 
face amount shown below.)]

Face Amount: _______________________
Policy Number: _______________________
Effective Date: _______________________

The Insurer hereby certifies that it has issued to the 
Insured the policy of insurance identified above to provide 
financial assurance for [insert as applicable "closure", "post-
closure care", and/or "Phase I and Phase II assessment"] for the 
facilities identified above. The Insurer further warrants that 
such policy conforms in all respects with the requirements of the 
New Mexico Solid Waste Management Regulations, EIB/SWMR-4, 
Section 906.D., as applicable and as such regulations were 
constituted on the date shown immediately below. It is agreed 
that any provision of the policy inconsistent with such 
regulations is hereby amended to eliminate such inconsistency.

Whenever requested by the Secretary, New Mexico Environment 
Department, the Insurer agrees to furnish the Secretary a 
duplicate original of the Policy listed above, including all 
endorsements thereon.

I hereby certify that the wording of this certificate is 
identical to the wording specified in New Mexico Solid Waste 
Management Regulations, EIB/SWMR-4, as such regulations were 
constituted on the date shown immediately below.


[Authorized signature of Insurer]
[Name of person signing]
[Title of person signing]
Signature of witness or notary: ____________________
[Date]

[8-17-94; 11-30-95]

1107.	IRREVOCABLE STANDBY LETTER OF CREDIT.  [8-17-94; 11-30-95]

A.	New Mexico governmental entity as payee.

(Addressee)
(Name of Local Government Entity)

Dear Sir or Madam:

We hereby establish our Irrevocable Standby letter of 
Credit No.____ in your favor, at the request and for the account 
of [owners or operator's name and address] up to the aggregate 
amount of [in words] U.S. dollars $______, available upon 
presentation of

(1)	a sight draft from the New Mexico Environment 
Department, bearing reference to this letter of credit 
No. _____, and

(2)	a signed statement from the Secretary of the New Mexico 
Environment Department reading as follows: "I certify 
that the amount of the draft is payable pursuant to 
regulations issued under authority of the Solid Waste 
Act as amended."

This letter of credit is effective as of [date] and shall 
expire on [date at least 1 year later], but such expiration date 
shall be automatically extended for a period of [at least 1 year] 
of [date] and on each successive expiration date, unless, at 
least 120 days before the current expiration date, we notify both 
you and [owner's or operator's name] by certified mail that we 
have decided not to extend this letter of credit beyond the 
current expiration date. In the event you're so notified, any 
unused portion of the credit shall be available upon presentation 
of the above mentioned sight draft and statement of certification 
for 120 days after the date of receipt by both you and [owner's 
or operator's name], as shown on the signed return receipts.

Whenever this letter of credit is drawn on under and in 
compliance with the terms of this credit, we shall duly honor 
such draft upon presentation to us. and we shall deposit the 
amount of the draft directly into the [trust fund or standby 
trust fund] of [owner's or operator's name] in accordance with 
your instructions. 

We certify that the wording of this letter of credit is 
identical to the wording of this letter in Solid Waste Management 
Regulations, EIB/SWMR-4, as such regulations were constituted on 
the date shown immediately below.

[Signature(s) and title(s) of official(s) of issuing institution] 
[Date]

This credit is subject to the Uniform Commercial Code.

[8-17-94; 11-30-95]

B.	Department as payee.

Secretary
New Mexico Environment Department

Dear Sir or Madam:

We hereby establish our Irrevocable Standby letter of 
Credit No.____ in your favor, at the request and for the account 
of [owners or operator's name and address] up to the aggregate 
amount of [in words] U.S. dollars $______, available upon 
presentation of

(1)	a sight draft from the New Mexico Environment 
Department, bearing reference to this letter of credit 
No. _____, and

(2)	a signed statement from the Secretary of the New Mexico 
Environment Department reading as follows: "I certify 
that the amount of the draft is payable pursuant to 
regulations issued under authority of the Solid Waste 
Act as amended."

This letter of credit is effective as of [date] and shall 
expire on [date at least 1 year later], but such expiration date 
shall be automatically extended for a period of [at least 1 year] 
of [date] and on each successive expiration date, unless, at 
least 120 days before the current expiration date, we notify both 
you and [owner's or operator's name] by certified mail that we 
have decided not to extend this letter of credit beyond the 
current expiration date. In the event you're so notified, any 
unused portion of the credit shall be available upon presentation 
of the above mentioned sight draft and statement of certification 
for 120 days after the date of receipt by both you and [owner's 
or operator's name], as shown on the signed return receipts.

Whenever this letter of credit is drawn on under and in 
compliance with the terms of this credit, we shall duly honor 
such draft upon presentation to us. and we shall deposit the 
amount of the draft directly into the [trust fund or standby 
trust fund] of [owner's or operator's name] in accordance with 
your instructions. 

We certify that the wording of this letter of credit is 
identical to the wording of this letter in Solid Waste Management 
Regulations, EIB/SWMR-4, as such regulations were constituted on 
the date shown immediately below.

[Signature(s) and title(s) of official(s) of issuing institution] 
[Date]

This credit is subject to the Uniform Commercial Code.

[8-17-94; 11-30-95]


1108.	FEES.

Facility	Any size	<20 ton/day 20 <100 ton/say>100 ton/day

Municipal, industrial &
special waste landfill	   NA	  $6000	   $8,000	   $10,000

Construction/Demolition
landfills	 $3,000

Transformation	$10,000

Processing	 $5,000

Transfer	 $3,000

Land application
of sludge1	$10,000

Recycling1	 $2,000

Composting1	 $2,000


1 Applies to facilities defined as solid waste facilities in Section 105.

[1-30-92; 8-17-94; 11-30-95]

1109.	MINIMUM TEST PARAMETERS FOR LANDFILL DISPOSAL OF MUNICIPAL 
WASTEWATER SLUDGE.

Parameters

1.	No free liquids as determined by Paint Filter Liquids Test 
(U.S. EPA Test Method 9095).

2.	Percent solids.

3.	pH: 2.0 - 12.5 (acceptable range).

4.	PCB's: No Detectable Concentration.

5.	TCLP  (U.S. EPA Test Method 1311)

Parameters	Maximum Allowable
          	Concentration (mg/L)

Arsenic	5.0
Benzene	0.5
Cadmium	1.0
Chlordane	0.03
Chromium	5.0
2,4-Dichlorophenoxy-acetic acid	10.0
Lead	5.0
Lindane	0.4
Mercury	0.2
Methyl ethyl ketone	200.0
Toxaphene	0.5

[8-17-94; 11-30-95]


1110.	LINER EQUIVALENCY DEMONSTRATION PARAMETERS.

Parameter	Maximum Allowable
Concentration (mg/L) at the
Point of Compliance for liner
equivalency demonstration
          	purposes only                 

Arsenic		0.05
Barium		1.0	
Benzene		0.005
Cadmium		0.01	
Carbon tetrachloride		0.005
Chromium (hexavalent)		0.05
2,4-Dichlorophenoxy acetic acid		0.1
1,4-Dichlorobenzene		0.075
1,2-Dichloroethane		0.005
1,1-Dichloroethylene		0.007
Endrin		0.0002
Fluoride		4.0
Lindane		0.004
Lead			0.05
Mercury		0.002
Methoxychlor		0.1
Nitrate		10.0
Selenium		0.01
Silver		0.05
Toxaphene		0.005
1,1,1-Trichloroethane		0.2
Trichloroethylene		0.005
2,4,5-Trichlorophenoxy acetic acid		0.01
Vinyl Chloride		0.002

[8-17-94; 11-30-95]

1111. - 1199.  [RESERVED]

67
20 NMAC 9.1

[SEPARATOR]

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