New Mexico Administrative Code
Title 20 - ENVIRONMENTAL PROTECTION
Chapter 5 - PETROLEUM STORAGE TANKS
Part 102 - REGISTRATION OF TANKS
Section 20.5.102.201 - TRANSFER OF OWNERSHIP
Universal Citation: 20 NM Admin Code 20.5.102.201
Current through Register Vol. 35, No. 6, March 26, 2024
A. No purported transfer of any storage tank system shall be effective to create, alter or extinguish any right or responsibility of any person subject to this part, unless the following transfer requirements are met.
(1) Prior to any transfer of ownership,
control or possession, whether by lease, conveyance or otherwise, of a property
with a regulated storage tank system, the transferor shall notify the
department and shall provide the name, address and phone number of the
transferee, as well as the date and type of transfer (sale or lease, for
example). The transferor shall also notify the transferee, prior to the
transfer, of the existence of the storage tank system, of the transferee's
registration obligations under this part, and of these rules.
(2) Upon receipt of such notification, the
transferee shall re-register the tank with the department within 30 days of
transfer of ownership, and shall provide all information required for
registration in 20.5.102.206 NMAC. The transferee also shall have the duty to
inquire into all of the provisions and requirements of this part.
(3) A transferor shall pay the tank fees for
storage tank systems on the transferred property for the fiscal year of the
transfer. A transferee shall pay the tank fees for storage tank systems on the
transferred property starting the first July 1 after the transfer.
B. Nothing in this section or in this part shall be construed to relieve any person of responsibility or liability for any act or omission which occurred while that person owned, controlled or was in possession of the storage tank system.
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