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STATUTORY AUTHORITY: This Part is adopted under the authority of the Tire Recycling Act, NMSA 1978, Section 74-11-5. [9-1-95]
Regulation Effective as of: 09/01/95
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NEW MEXICO ENVIRONMENTAL IMPROVEMENT BOARD
P.O. Box 26110/1190 St. Francis Drive
SANTA FE, NEW MEXICO 87503
TITLE 20 ENVIRONMENTAL PROTECTION
CHAPTER 9 SOLID WASTE
PART 2 TIRE RECYCLING
SUBPART I. GENERAL PROVISIONS
101. ISSUING AGENCY: Environmental Improvement Board. [9-1-95]
102. SCOPE: Unless otherwise provided, this Part establishes the regulations
necessary for permitting and operating tire recycling facilities, defining and abating tire
dumps, storing scrap tires, and establishing eligibility criteria for the Tire Recycling
Fund. Except for sections 203.A.3. and 400., this Part does not apply to a tire recycling
facility having a valid Solid Waste Facility Permit or Registration as of the effective date
of this Part. [9-1-95]
103. STATUTORY AUTHORITY: This Part is adopted under the authority of the
Tire Recycling Act, NMSA 1978, Section 74-11-5. [9-1-95]
104. DURATION: Permanent. [9-1-95]
105. EFFECTIVE DATE: September 1, 1995 [9-1-95]
106. OBJECTIVE: The purpose of this Part is to protect the health and welfare
of present and future citizens of New Mexico by providing for the prevention and
abatement of tire dumps and the promotion of environmentally sound methods for the
use and recycling of scrap tires. [9-1-95]
107. DEFINITIONS:
A. "abatement" means the removal of accumulations of whole or shredded
scrap tires; [9-1-95]
B. "Act" means the Tire Recycling Act, NMSA 1978, Sections 74-11-1
through 74-11-17; [9-1-95]
C . "agricultural" means all methods of production and management of
livestock, crops, vegetation and soil. This includes raising, harvesting and marketing,
as well as the activities of feeding, housing and maintaining animals such as cattle,
dairy cows, sheep, goats, hogs, horses and poultry; [9-1-95]
D. "alternative use" means to temporarily use a tire for something other
than its originally intended purpose in a manner that is environmentally safe and
approved by the Secretary and is not considered recycling; [9-1-95]
E. "Board" means the Environmental Improvement Board; [9-1-95]
F. "civil engineering application" means the use of scrap tires in lieu of
other materials (i.e., rock, sand, dirt, gravel) in engineering applications that are
environmentally safe and approved by the Secretary; [9-1-95]
G. "cooperative association" means a refuse disposal district created
pursuant to the Refuse Disposal Act, NMSA 1978, Sections 4-52-1 through 4-52-15
(Repl. Pamp. 1987) or a sanitation district created pursuant to the Water and Sanitation
District Act, NMSA 1978, Sections 73-21-1 through 73-21-55 (Repl. Pamp. 1987), a
special district created pursuant to the Special District Procedures Act, NMSA 1978,
Sections 4-53-1 through 4-53-11 (Repl. Pamp. 1987), a Solid Waste Authority created
pursuant to the Solid Waste Authority Act, NMSA 1978, Sections 74-10-1 through 74-
10-100, (Repl. Pamp. 1993), or other associations created pursuant to the Joint Powers
Agreements Act, NMSA 1978, Sections 11-1-1 through 11-1-7 (Repl. Pamp. 1994); [9-
1-95]
H. "Department" means the New Mexico Environment Department; [9-1-95]
I. "discard" means to deposit tires at a facility that will reuse or recycle the
tires, or store the tires for reuse or recycling; [9-1-95]
J. "dispose" means to deposit scrap tires into or on any land or water with
no intention of retrieval or reuse; [9-1-95]
K. "Fund" means the Tire Recycling Fund, created in the Tire Recycling Act,
NMSA 1978, Section 74-11-1 through 74-11-17; [9-1-95]
L. "modify" means to alter the terms or conditions of a permit or to change
the fundamental method of operation from that permitted, or to expand the physical
boundaries or operations beyond what was listed in the original permit; [9-1-95]
M. "municipality" means any incorporated city, town or village, whether
incorporated under general act, special act or special charter; [9-1-95]
N. "open burning" means the combustion of tires without control of
combustion air or containment of the combustion reaction in an enclosed device or a
lack of control of the emissions produced; [9-1-95]
O. "operator" means the person(s) responsible for the overall operation of
all or any portion of a tire recycling facility; [9-1-95]
P. "origin or origination" as it refers to tires, means the location where a
tire first becomes a scrap tire, such as but not limited to, retail tire stores; [9-1-95]
Q. "owner" means the person(s) who owns all or any portion of a tire
recycling facility; [9-1-95]
R. "PTE" (passenger tire equivalent) means a standard for quantifying the
total weight of a mix of passenger and truck tires without weighing them. A passenger/
light truck tire will equal one PTE (20 pounds) and a heavy truck tire will equal 5 PTEs,
(100 pounds); [9-1-95]
S. "person" means any individual or other legal entity, including
government entities; [9-1-95]
T. "process or reprocess" means any method of altering a scrap tire in a
manner that is environmentally safe and approved by the Secretary to facilitate storage,
transportation, recycling or disposal; [9-1-95]
U. "retread tire" means a tire casing to which new tread rubber, and
sometimes shoulder and sidewall rubber, has been vulcanized to extend the usable life;
[9-1-95]
V. "scrap tire" means a tire that is no longer suitable for its originally
intended purpose, which is to absorb shock and provide traction on a motor vehicle; or
is not usable as a casing in a retread tire because of wear, damage or defect; [9-1-95]
W. "scrap tire hauler" means a person who transports scrap tires; [9-1-95]
X. "Secretary" means the Secretary of the New Mexico Environment
Department or his or her designee; [9-1-95]
Y. "storing or storage" means to deposit or receive scrap tires for a
purpose other than a means of disposal; [9-1-95]
Z. "tire" means a continuous solid or pneumatic rubber covering that
encircles the wheel of a motor vehicle; [9-1-95]
AA. "tire dump" means an unauthorized location or facility where scrap tires
are disposed, but does not include tires that were buried prior to the adoption of this
Part and do not pose an environmental hazard; [9-1-95]
BB. "tire recycling" means a process or operation where scrap tires are
collected, stored, separated or reprocessed for reuse as a new product, or as a raw
material for a different product, or as a material in civil engineering applications, but not
as a raw material used as a fuel for combustion; [9-1-95]
CC. "tire recycling facility" means a place or operation maintained for tire
recycling, but does not include:
1. retail business premises where tires are sold, if no more than five
hundred scrap tires are kept on the premises at one time;
2. the premises of a tire retreading business, if no more than three
thousand scrap tires are kept on the premises at one time;
3. premises where tires are removed from motor vehicles in the
ordinary course of business, such as trucking and auto salvage, if no more than five
hundred scrap tires are kept on the premises at one time;
4. a site where no more than two hundred fifty scrap tires are stored
for construction or alternative uses for no more than one year;
5. a solid waste facility having a valid permit or registration, as of the
effective date of this Part, issued pursuant to the provisions of the Solid Waste Act or
registration issued pursuant to the Environmental Improvement Act; or
6. a site where tires are stored and used for agricultural purposes. [9-
1-95]
DD. "transformation" means incineration, pyrolysis, distillation, gasification,
or biological conversion other than composting; [9-1-95]
EE. "vectors" mean undesirable organisms that use scrap tires as a breeding
ground or nest, including, but not limited to, mosquitoes, rodents or snakes; [9-1-95]
and
FF. “vehicle or motor vehicle” means any self-propelled device, upon or by
which any person or property is or may be transported or drawn upon a highway. [9-1-
95]
108. PROHIBITED ACTS: After October 1, 1995, no person shall:
A. operate or maintain a tire recycling facility unless the facility has a valid
tire recycling facility permit pursuant to the provisions of this Part, except that a facility
defined in section 107.CC.5 of this Part shall be able to operate provided that the
facility is in compliance with all substantive provisions of this Part; [9-1-95]
B. store scrap tires in a place other than a tire recycling facility, unless
specifically excluded in section 107.CC. or as otherwise authorized by this Part; [9-1-
95]
C. dispose of scrap tires in a place other than those places permitted or
regulated under the Solid Waste Act; [9-1-95]
D. discard scrap tires in a place other than a permitted or registered Solid
Waste Facility or a permitted Tire Recycling Facility, unless specifically excluded in
section 107.CC.; or [9-1-95]
E. engage in the open burning of tires. [9-1-95]
109. 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. [9-1-95]
110. SAVINGS CLAUSE: This Part does not apply to pending litigation or affect
violations under other applicable local, state and federal regulations prior to the
effective date of this Part. [9-1-95]
111. SEVERABILITY: If any portion or application of this Part is held invalid by a
court of competent jurisdiction, the remainder of this Part or its application to other
situations or persons, shall not be affected. [9-1-95]
"112. - 199. [Reserved]."
SUBPART II. TIRE RECYCLING FACILITY PERMITS
200. GENERAL PERMIT: A general permit is hereby granted to tire recycling
facilities not required to obtain a specific permit pursuant to provisions of this Part.
Registration of a general permit with the Department is required for a tire recycling
facility that:
A. processes or recycles more than 1,000 scrap tires or PTEs per year; [9-1-
95]
B. applies for or receives compensation from the Tire Recycling Fund; [9-1-
95]
C. stores more than 250 scrap tires at any one time; [9-1-95] or
D. uses more than 250 scrap tires in a single civil engineering application.
[9-1-95]
201. GENERAL PERMIT REGISTRATION: A registration of a general permit shall
include:
A. the name, address and phone number of the facility, applicant, operator,
property owner, and facility owner; [9-1-95]
B. the anticipated start up date, if applicable, and days and hours of
operation; [9-1-95]
C. a legal description and map of the facility site, including land use and
zoning of the adjoining area; [9-1-95]
D. a listing and description of the equipment to be used at the facility for
recycling or processing scrap tires; [9-1-95]
E. a narrative description of the operations or applications, that includes the
estimated number of PTEs or weight of whole or processed tires to be received, the
capacity of the facility, and the expected life of the facility; [9-1-95]
F. a plan for vector control and fire prevention and control for any stored
tires; [9-1-95]
G. for portable operations, the areas in the state that will be serviced; [9-1-
95]
H. for a scrap tire hauler:
1. the type of equipment to be used to handle and transport the scrap
tires; and
2. evidence of proper certification and licensing for both the drivers
and vehicles; [9-1-95] and
I. any other information requested by the Secretary. [9-1-95]
202. REGISTRATION OF OTHER OPERATIONS: Any operation not otherwise
permitted or specifically exempted by section 107.CC. of this Part that utilizes more
than 250 scrap tires for an alternative use or stores more than 250 scrap tires at any
one time shall:
A. request a general permit from the Secretary, and if approved, register that
permit with the Department pursuant to Sections 200 and 201 of this Part; [9-1-95] and
B. include the following additional information in their application for a
general permit:
1. the origin and the period of time they will be in storage, where
applicable; and
2. the anticipated application or use of the scrap tires and/or a final
disposal plan. [9-1-95]
203. SPECIFIC PERMITS:
A. A specific permit for a tire recycling facility is required, unless exempted
by this Part, for any proposed or existing tire recycling facility that:
1. processes or recycles more than 200 PTEs or 2 tons of scrap tires
per day averaged over a year;
2. the Secretary has determined there is the potential for endangering
the public health or environment; or
3. is due for renewal of a current permit that was issued under the
New Mexico Solid Waste Act. [9-1-95]
B. Permits for a transformation operation or facility that uses scrap tires in its
process, including energy recovery, shall be regulated under the provisions of local,
state and federal regulations. [9-1-95]
204. SPECIFIC PERMIT REQUIREMENTS: A specific permit application shall:
A. contain all information required by the applicable section(s) of this Part;
[9-1-95]
B. include one copy of the permit application at the time of initial submittal;
[9-1-95]
C. include four copies of the complete permit application at the time that the
initial application is deemed complete; [9-1-95]
D. include facility plans, elevations and drawings signed and sealed by a
professional engineer registered in New Mexico; [9-1-95] and
E. include a legal description and maps of the proposed facility site,
including land use and zoning of the adjoining area. [9-1-95]
205. SPECIFIC PERMIT APPLICATION: A specific permit application shall
contain:
A. the following general information:
1. the name, address and phone number of the facility, applicant,
operator, property owner, and facility owner;
2. the anticipated start up date of the facility and hours of operation;
3. the origin, if known, of the scrap tires to be processed;
4. a description of the facility, including the general process, size,
quantity and rate; and
5. any other information deemed applicable and requested by the
Secretary. [9-1-95]
B. the following operational information:
1. a list and description of the equipment to be used for handling,
processing, recycling, or disposing of scrap tires;
2. a narrative description of the operation including, the origin, the
number of PTEs or weight of the scrap tires to be processed at the facility;
3. the process to be used at the facility;
4. the maximum daily capacity of the facility;
5. the plans for the transportation of scrap and/or processed tires to
and from the facility;
6. a description of the methods to be employed to prevent, control or
contain a tire fire, including a description of the facility's water source and capacity;
7. a description of the methods to be employed for the containment
and/or removal of residues that may be generated by a tire fire;
8. a description of the methods to be employed to control vectors for
scrap and/or processed tires stored at the facility;
9. an operation and maintenance manual which shall address all of
the operating requirements; and
10. any other information requested by the Secretary. [9-1-95]
206. SPECIFIC PERMIT MODIFICATION:
A. Any owner or operator of a tire recycling or processing facility who seeks
to modify a specific permit's condition(s) or the facility permitted, shall obtain an
amended permit from the Secretary prior to making any modifications. The modification
shall not extend the term of the permit. [9-1-95]
B. An application for a modification of a specific permit shall demonstrate
compliance with the sections of this Part addressing such a modification. [9-1-95]
C. The Secretary may modify specific permit conditions or require the owner
or operator to modify the facility, if:
1. there have been changes that occurred after the permit was issued
that justify the action;
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; or
4. the Secretary determines good cause exists for modification such
as an act of God, strike, flood, or materials shortage or other events over which the
permittee has little or no control and for which there is no reasonably available remedy.
[9-1-95]
D. Public notice and hearing requirements shall be subject to the provisions of
section 209.A. of this Part. [9-1-95]
207. SPECIFIC PERMIT TRANSFER:
A. Specific tire recycling facility permits may be transferred, providing that
the permittee files an application with the Department thirty (30) days in advance of the
date of transfer, and agrees to comply with all permit conditions and applicable
regulations. [9-1-95]
B. An application for the permit transfer may be denied if the Secretary finds
that the applicant has failed to comply with any substantive portion of this Part. [9-1-95]
C. Failure to initiate a transfer or failure to give complete and accurate
information in the application shall constitute grounds for denial of the transfer. [9-1-95]
D. Public notice and hearing requirements shall be subject to the provisions
of section 209.A. of this Part. [9-1-95]
208. PERMIT LIFE AND CONDITIONS:
A. A permit issued for a new or existing tire facility shall be for the active life
of the facility as described in the approved permit or for twenty years, whichever is less.
[9-1-95]
B. The terms and conditions of a specific permit or modification shall be
expressly identified by the Department. [9-1-95]
C. Any terms or conditions of the permit shall be enforceable to the same
extent as a regulation of the Board. [9-1-95]
209. SPECIFIC PERMIT ISSUANCE, PUBLIC HEARINGS AND MEETINGS:
A. Within thirty (30) days after deeming an application complete, the
Secretary shall provide public notice in a newspaper of general circulation in the county
where the tire facility is or will be located. Thirty (30) days shall be allowed for the
public to submit written comments to the Secretary. Should the Secretary determine
that there is significant public interest, a public meeting or public hearing shall be held
in the geographic area likely to be impacted by the tire facility. Thirty (30) days after
the public meeting or public hearing, the Secretary shall issue a permit, issue a permit
with terms and conditions, or deny the permit. If no public meeting or public hearing is
warranted, the Secretary shall issue a permit, issue a permit with terms and conditions,
or deny the permit within sixty (60) days after the date the application is deemed
complete. [9-1-95]
B. The Secretary shall issue a specific permit if the applicant demonstrates
that all the requirements of this Part are met and no apparent hazard to public health,
welfare or the environment, nor undue risk to property, will result. [9-1-95]
C. The issuance of a permit under this Part shall not constitute a defense for
a violation of this Part. [9-1-95]
210. SPECIFIC PERMIT RENEWAL: A timely application for specific permit renewal
shall be submitted six (6) months prior to the expiration date of the existing permit.
A. A permit renewal application shall address:
1. the compliance history;
2. any environmental remediation;
3. any charges, indictments or convictions of any state or federal
environmental laws; and
4. any other information requested by the Secretary. [9-1-95]
B. An application for renewal of an existing permit shall be subject to review
as if it were a new application. [9-1-95]
C. Public notice and hearing requirements shall be subject to the provisions
of section 209.A. of this Part. [9-1-95]
D. A tire recycling facility requiring permit renewal may continue to operate
under the existing permit provided that:
1. it is operating in compliance with all conditions and provisions of
the existing permit;
2. it is operating in compliance with this Part and any other applicable
rules and regulations; and
3. the permit renewal application was submitted in a timely fashion.
[9-1-95]
211. PERMIT EXPIRATION: All permits shall automatically expire:
A. upon closure of the facility; [9-1-95]
B. upon suspension of operation for more than one year; [9-1-95] or
C. upon written notification to the Department from the permit holder of the
intent to close or let the permit lapse. [9-1-95]
212. PERMIT REVOCATION, SUSPENSION AND DENIAL:
A. A permit may be revoked or suspended for violation of any applicable
provision of this Part in accordance with the procedures set forth in the Rules
Governing Appeals from Compliance Orders under the Hazardous Waste Act and Solid
Waste Act or any subsequent rule adopted by the Department. Construction,
modification and interim operation, if any, shall cease upon the effective date of the
revocation or suspension. [9-1-95]
B. If the Department recommends denial of an issuance, modification,
transfer or renewal of a permit, notice will be provided to the applicant. The applicant
may then request a public hearing in accordance with the Rules Governing Hearings
for Permits and Variances Under the Solid Waste Act, or any subsequent rule adopted
by the Department. If a hearing is requested, the Secretary will take final action on the
application within sixty (60) days of the close of the hearing. [9-1-95]
C. The Secretary may deny any permit application, permit transfer, permit
renewal or revoke any existing permit if there is reasonable cause to believe that the
applicant or permittee has:
1. knowingly misrepresented or failed to disclose a material fact in
application for a permit;
2. exhibited a history of willful disregard for the environmental laws of
any state or the United States;
3. had any permit revoked or permanently suspended for cause under
the environmental laws of any state or the United States;
4. not complied with any condition of the permit or this Part;
5. endangered public health, welfare or the environment;
6. failed 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;
7. modified a facility without the approval of the Secretary, or failed to
obtain the approval for transfer of the permit in accordance with Section 207; or
8. within sixty (60) days of notification, failed to respond to a request
for additional information. [9-1-95]
"213 - 299. [Reserved]."
SUBPART III. OPERATIONS AND REPORTING
300. GENERAL OPERATIONAL REQUIREMENTS:
A. Any person who stores scrap tires shall do so in a manner:
1. that does not cause a public nuisance or create a potential hazard
to public health, welfare or the environment; and
2. that minimizes the potential for a fire. [9-1-95]
B. Any person owning or operating a facility requiring a specific permit shall:
1. post signs to indicate the name and location of the site, the hours
of operation and emergency telephone numbers;
2. have a qualified operator or representative proficient on all
equipment present at all times while the facility is operational;
3. prominently post key operational procedures;
4. provide audible signals or alarms to alert personnel of critical
operating unit malfunctions;
5. recycle or properly dispose of any unused portions of a processed
tire such as, but not limited to, bead wire, fabric or steel belts; and
6. implement a vector control plan approved by the Department. [9-1-
95]
301. RECORD KEEPING AND ANNUAL REPORTS:
A. Any person owning or operating a facility requiring a specific permit shall
maintain a daily operating record during the active life of the facility. The record shall
include:
1. the number of PTEs or weight of the whole or processed scrap tires
received and reprocessed;
2. the origin of whole or processed scrap tires by country, state,
county and municipality; and
3. the origin and hauler of the scrap tires for each shipment. [9-1-95]
B. Any person owning or operating a facility requiring a specific permit or a
registered general permit shall submit an annual report to the Secretary within 60 days
after the end of each calendar year describing the operations of the past year. The
report shall include:
1. the number of PTEs or weight of the whole or processed scrap tires
received in each month from each scrap tire hauler, including the country, state,
county, municipality and specific name and location where the scrap tires originated;
2. for scrap tire haulers, the number of PTEs or weight of the whole or
processed scrap tires for each month, by origin and destination; and
3. the final disposition of the scrap tires not stored or processed. [9-1-
95]
C. All records, plans, and information required by this Part shall be furnished
upon request and be made available at reasonable times for inspection by the
Department. [9-1-95]
D. All records, plans and annual reports required by this Part shall be
retained by the facility during the operational life of the facility and for a period of three
(3) years after closure of the facility. [9-1-95]
"302. - 399. [Reserved]."
SUBPART IV. TIRE RECYCLING FUND
400. FUNDING PROCEDURES AND REQUIREMENTS:
A. Only counties, municipalities and cooperative associations as defined in
this Part are eligible for loans, grants, or contracts for development and operating costs
to establish tire recycling facilities and contracts to abate tire dumps. [9-1-95]
B. Upon adoption by the Board of this Part, the Department shall:
1. develop forms, procedures and requirements, to be made available
to the public, for the application and awarding of funds, rebates and contracts from the
Tire Recycling Fund;
2. establish funding and application cycles;
3. establish funding priorities for awarding of funds, rebates and
contracts from the Tire Recycling Fund; and
4. include all procedures and criteria in the Request for Proposals
(RFP) for each funding cycle. [9-1-95]
401. RETREAD REBATE REQUIREMENTS:
A. All applications for annual retread rebates shall include:
1. the name, address, and phone number of applicant, facility
operator, property owner, and contact person;
2. the location of the facility and the hours of operation;
3. the weight, volume, and origin of the scrap tires received for
retreading, and the actual number of tires retreaded; and
4. the final disposition of the tires not retreaded. [9-1-95]
B. Any registered retreader requesting payment or reimbursement from the
tire retreading fund shall:
1. demonstrate that no less than ninety-five per cent (95%) of the
reusable tires for which a rebate is requested originated from sources in New Mexico;
2. demonstrate, for those retreaded tires for which a rebate is
requested, the resultant retread meets the applicable standards adopted by the
purchasing division of the General Services Department; and
3. apply for rebates according to procedures and on application forms
approved by the Department. [9-1-95]
402. GRANTS, LOANS, AND CONTRACTS:
A. Counties, Municipalities, or cooperative associations may apply to the
Department for a grant, loan or contract for:
1. development costs or operating costs to establish tire recycling
facilities; and
2. transportation or reprocessing for recycling of scrap tires
consistent with the provisions of the Act. [9-1-95]
B. The Department shall establish a priority system for allocation of the
Fund. [9-1-95]
C. Applications under 402.A. shall be submitted to the Department which
follow the Department's procedures, criteria and eligibility requirements, including the
following factor:
1. completeness, appropriateness, and adequacy of technical and
financial information;
2. fiscal capacity, which will include bonding capacity, gross receipt
taxing authority and the capacity of the population served to self-finance the necessary
improvements or services;
3. need and urgency, where the magnitude of the problems
addressed and the population affected are assessed;
4. the feasibility of the project addressed including technical and
economic aspects and the options available to efficiently serve the greatest possible
area and/or population; and
5. the duration of the project or program evaluated. [9-1-95]
D. The governing body of a county, municipality or cooperative association
may contract with the Secretary for the abatement of tire dumps located within the
boundaries of the county, municipality or cooperative association. Applications for an
abatement contract shall be submitted to the Department, which shall provide for the
reimbursement of the county, municipality or cooperative association for expenses
incurred in bringing an abatement action, including court costs, reasonable attorneys'
fees and the actual expense of eliminating a tire dump if that expense is not recovered
from and paid by the owner or operator of the dump as a result of the action. [9-1-95]
E. All abatement contracts will be prioritized for award utilizing the following
criteria:
1. number of PTEs;
2. population within a five mile radius of the tire dump;
3. schools, hospitals, businesses and industries within a five mile
radius of the tire dump;
4. the distance to rivers, streams and arroyos;
5. the fire hazard posed;
6. the local precipitation; and
7. whether the tire dump is still active. [9-1-95]
F. No grant, loan or contract, other than an abatement contract, may be
awarded to any eligible applicant for services utilizing less than ninety-five percent of
scrap tires from sources in New Mexico. [9-1-95]
"403. - 499. [Reserved]."
SUBPART V. FIELD CITATION PROGRAM
500: FIELD CITATIONS:
A. The Department may use field citations for initial or minor violations
where the extent of the deviation from the requirements of this Part is not significant
and the potential for harm to the health and environment is not major. [9-1-95]
B. Cited persons contesting the merits of the citation shall file a request for a
hearing within 15 days after the citation has been served. [9-1-95]
C. The Secretary will appoint an independent hearing officer, who will
conduct the hearing according to the Department's Rules Governing Appeals from
Compliance Orders under the Hazardous Waste Act and Solid Waste Act, or any
subsequent rule adopted by the Department. [9-1-95]
D. The Department shall develop a penalty policy to define the scope of the
Field Citation Program. [9-1-95]
20 NMAC 9.2 12
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