New Mexico Administrative Code
Title 20 - ENVIRONMENTAL PROTECTION
Chapter 11 - ALBUQUERQUE - BERNALILLO COUNTY AIR QUALITY CONTROL BOARD
Part 2 - FEES
Section 20.11.2.11 - GENERAL PROVISIONS
Current through Register Vol. 35, No. 18, September 24, 2024
A. Any person, including a federal, state or local governmental agency, who submits a document described in Subsection A of 20.11.2.2 NMAC, shall pay the total fee required by 20.11.2 NMAC at the time the document is submitted.
B. Every person with a valid source registration or a permit issued pursuant to 20.11.20 NMAC, 20.11.40 NMAC, 20.11.41 NMAC, 20.11.42 NMAC, 20.11.60 NMAC, 20.11.61 NMAC or another board regulation, shall pay an annual emission fee as required by 20.11.2 NMAC, with the exception of fugitive dust control construction permits, which do not require payment of an annual emission fee.
C. No notification or submittal will be reviewed or source registration or permit issued unless the owner or operator provides documentary proof satisfactory to the department that either all applicable fees have been paid as required by 20.11.2 NMAC or the owner or operator has been granted a variance pursuant to 20.11.7 NMAC, Variance Procedures.
D. All fees required to be paid at the time of notification or submittal shall be paid by check or money order payable to the "City of Albuquerque fund 242" and either be delivered in person to the Albuquerque Environmental Health Department, 3rd floor, Suite 3023 or Suite 3047, Albuquerque - Bernalillo County Government Center, south building, One Civic Plaza NW, Albuquerque, NM, or mailed to Attn: Air Quality Division, Albuquerque Environmental Health Department, P.O. Box 1293, Albuquerque, NM 87103. The department shall provide a receipt of payment to the applicant. The person delivering or filing a submittal shall attach a copy of the receipt of payment to the submittal as proof of payment.
E. Failure of the owner or operator of a source to pay an annual emission fee required by 20.11.2 NMAC, is a violation of 20.11.2 NMAC.
F. No fee or portion of a fee required by 20.11.2 NMAC shall be refunded unless the written approval of the manager is obtained using the procedure required by 20.11.2.16 NMAC.
G. As required by 74-2-16 NMSA, all money received by the department pursuant to 20.11.2.13 NMAC, shall be deposited by the city of Albuquerque in the city's air quality permit fund ("fund 242").
