Current through Register Vol. 35, No. 6, March 26, 2024
A. When the owner or operator submits a
written request for a compliance determination to the department, the request
shall provide the following information for all storage tanks located at the
site where the owner or operator is performing corrective action:
(1) the applicant's name, address, telephone
number, and email address;
(2) a
description of the applicant's interest in the site (for example, landowner,
tank owner, lending institution, operator);
(3) the name, address, email address, and
telephone number of the tank facility at the release site;
(4) the facility ID, owner ID, and release ID
numbers for the tank facility at the release site;
(5) information on all systems that exist or
that have existed at the release site during the owner or operator's term of
ownership or operation, including:
(a) tank
type (UST or AST), tank number, installation dates, tank capacity, product
contained and removal date, if applicable;
(b) information on installation, upgrade,
operation and maintenance standards, including type of tank construction,
piping system, corrosion protection, spill and overfill protection, release
detection for tanks and piping, operation and maintenance plans, compatibility,
and secondary containment, if applicable;
(c) type of regulated substance(s) in each
tank; and
(d) date(s) of permanent
closure, if applicable;
(6) proof of financial responsibility that
includes:
(a) name and address of the facility
that is the subject of the compliance determination;
(b) type of financial
responsibility;
(c) name of
insurance provider, policy number, and period of coverage; and
(d) information about insurance coverage,
including: type or types of coverage for corrective action or third-party
liability, amount of coverage per occurrence, and amount of annual aggregate
coverage for sudden accidental releases, non-sudden accidental releases, and
accidental releases;
(7)
corrective action information for each release that includes:
(a) date(s) the release was reported to the
department;
(b) methods of
preventing further release; and
(c)
completion of the MSA report;
(8) certification on oath or affirmation of
the truthfulness of all matters and facts contained in the request.
B. When the department initiates a
compliance determination pursuant to Subsection B of 20.5.123.2303 NMAC:
(1) the department shall, in writing, notify
the owner or operator of the reason(s) for the compliance determination and
explain that if the department determines that the owner or operator is not in
compliance with 20.5.123.2304 NMAC, the owner or operator will be ineligible
for payment of corrective action costs other than for an MSA; and
(2) the owner or operator shall submit in
writing all information requested by the department by a date specified by the
department; the department may request any of the information required for an
MSA pursuant to subsection A of this section and shall establish a deadline for
submission of this information that is reasonable under the
circumstances.
C. The
department shall review all written submissions in the order received and
shall, within 30 days of receipt, notify the owner or operator in writing of
any inadequacies in the submittal. The owner or operator may then correct any
inadequacies and resubmit the application. Submissions shall be determined
"complete" by the department when the submissions are adequately documented or
inadequacies identified by the department have been corrected.
D. The owner or operator has the burden of
establishing each point of fact relevant to such a determination. For such
purpose, the submissions shall state specific facts which demonstrate
compliance with Subsection B of 20.5.123.2304 NMAC.
E. The department shall make a compliance
determination within 45 days following the department's determination that a
submission is complete and shall promptly notify the owner or operator of its
determination. For good cause, the director may permit additional time in which
to make a compliance determination. If the department finds an owner or
operator to be out of compliance, the department shall also notify the owner or
operator in writing of the manner in which the owner or operator has failed to
comply with 20.5.123.2304 NMAC and inform the owner or operator that he or she
is ineligible for payment of corrective action costs, other than the costs of
an MSA.
[The department provides a form that may be used to request a
compliance determination. The form is available on the petroleum storage tank
bureau's pages on the department website or by contacting the petroleum storage
tank bureau at 505 -476- 4397 or 2905 Rodeo Park Drive East, Building 1, Santa
Fe, New Mexico 87505.]
