Current through Register Vol. 35, No. 6, March 26, 2024
A. For sites where all USTs were removed or
properly abandoned prior to March 7, 1990, and for sites where all ASTs were
removed or properly abandoned prior to July 1, 2001, the determination of
compliance required by Subsections B and C of 20.5.123.2303 NMAC shall include
findings as to whether the owner or operator has:
(1) paid all storage tank fees required by
Section
74-4-4.4
NMSA 1978, and, for all USTs removed or properly abandoned prior to March 7,
1990, and for all ASTs removed or properly abandoned prior to July 1, 2001, a
two hundred ($200) fee for each site;
(2) conducted a minimum site assessment as
defined in 20.5.101.7 NMAC; and
(3)
cooperated in good faith with the department and granted access to the
department for investigation, cleanup, and monitoring.
B. For sites where USTs were not removed or
properly abandoned prior to March 7, 1990, or where ASTs were not removed or
properly abandoned prior to July 1, 2001, the determination of compliance
required by Subsections B and C of 20.5.123.2303 NMAC shall include findings as
to whether the owner or operator has:
(1) paid
all storage tank fees required by Sections
74-4-4.4
and
74-6B-9
NMSA 1978;
(2) conducted a minimum
site assessment as defined in 20.5.101.7 NMAC and, if contamination is found,
taken action to prevent continuing contamination;
(3) cooperated in good faith with the
department and granted access to the department for investigation, cleanup, and
monitoring; and
(4) substantially
complied with all requirements and provisions of regulations adopted by the
environment improvement board pursuant to Subsection C of Section
74-4-4
NMSA 1978 for storage tanks at the site for which payment is sought (including
installation, upgrade, operation and maintenance of storage tanks in accordance
with 20.5.106 NMAC, 20.5.107 NMAC, 20.5.109 NMAC, and 20.5.110 NMAC; release
detection in accordance with 20.5.108 NMAC and 20.5.111 NMAC; for any storage
tanks which have been abandoned or closed at the site, proper closure in
accordance with 20.5.115 NMAC; reporting, investigating, confirming and
remediating the release in accordance with 20.5.118 NMAC, 20.5.119 NMAC and
20.5.120 NMAC; proof of financial responsibility in accordance with 20.5.117
NMAC; and record keeping in accordance with the record keeping provisions of
20.5.101 through 20.5.103 NMAC, 20.5.106 through 20.5.115 NMAC, 20.5.117
through 20.5.120 NMAC, 20.5.124 NMAC and 20.5.125 NMAC).
C. In determining whether the owner or
operator has substantially complied with the regulations referenced in
Paragraph (4) of Subsection B of this section, the department may consider,
among other things, the severity of the non-compliance, the period of
non-compliance, the actions taken by the owner or operator to come into
compliance, and the timeliness of the owner or operator's actions in coming
into compliance.
