New Mexico Administrative Code
Title 20 - ENVIRONMENTAL PROTECTION
Chapter 5 - PETROLEUM STORAGE TANKS
Part 123 - CORRECTIVE ACTION FUND ADMINISTRATION
Section 20.5.123.7 - DEFINITIONS
Universal Citation: 20 NM Admin Code 20.5.123.7
Current through Register Vol. 35, No. 6, March 26, 2024
A. Terms used in this part shall have the meanings given to them in the Ground Water Protection Act and 20.5.101 NMAC except as provided in Subsection B of this section.
B. As used in 20.5.123 NMAC:
(1) "cost-effectiveness" means
completing tasks in a manner that is economical in terms of goods or services
received for the money spent;
(2)
"major remediation equipment" means any transportable unit or system which has
been acquired specifically for remediation using the corrective action fund and
which the department inventories pursuant to Section
12-6-10 NMSA
1978;
(3) "pay for performance"
means payment of a previously approved amount based on completion or
achievement of previously determined criteria including, but not limited to, a
given task or set of tasks, specified reductions in contaminant levels, or
achievement of other measurable milestones, as approved by the
department;
(4) "payment" means
payment from the fund to a person that the owner or operator has assigned the
right of reimbursement, or reimbursement from the fund to an owner or operator
for the costs of corrective action;
(5) "phase of corrective action" means any
one of the following activities, required by 20.5.119 or 20.5.120 NMAC:
(a) minimum site assessment ("MSA"), as
defined in 20.5.101.7 NMAC;
(b)
phase 1, which includes secondary investigation and report, soil-only
contamination assessment, and petroleum vapor intrusion assessment;
(c) phase 2, which includes interim removal
of non-aqueous phase liquid or contaminated soil;
(d) phase 3, which includes development of a
conceptual and final remediation plan or a monitored natural attenuation
plan;
(e) phase 4, which includes
implementation of the remediation plan; or
(f) phase 5, which includes operating,
monitoring, maintaining and reporting under the implemented remediation plan or
monitoring and reporting under the approved monitored natural attenuation
plan;
(6) "proposal"
means an offer to complete work submitted in response to given specifications
issued for a responsible party-lead site, or for a state-lead site;
(7) "resident business" means:
(a) a business enterprise which is authorized
to do and is doing business under the laws of New Mexico and maintains its
principal place of business in New Mexico, or has staffed an office and has
paid applicable New Mexico taxes for two years prior to the awarding of the
proposal and has five or more employees who are residents of New Mexico, or is
an affiliate of a business which meets either of these two requirements; as
used in this paragraph, "affiliate" means an entity that directly or indirectly
through one or more intermediaries controls, is controlled by, or is under
common control with the qualifying business through ownership of voting
securities representing a majority of the total voting power of the entity;
or
(b) a business enterprise,
including a sole proprietorship, partnership or corporation, that offers for
sale or lease or other form of exchange, goods, commodities or services that
are substantially manufactured, produced or assembled in New York state, or, in
the case of construction services, has its principal place of business in New
York state;
(8)
"responsible party" means any owner or operator of a storage tank system from
which a release has occurred;
(9)
"responsible party-lead site" means a site where the owner or operator takes
corrective action and applies to the fund for payment of corrective action
costs, as distinct from a site where the state takes corrective
action;
(10) "specifications" means
a detailed written statement of particulars prescribing corrective action to be
taken, conditions to be met, materials to be used, or standards of workmanship
to which something is to be built, installed, or operated, which is provided to
prospective contractors on responsible party-lead sites and state-lead
sites;
(11) "state-lead site" means
a site where the department takes corrective action using the fund because the
owner and operator are unknown, unable or unwilling to take corrective action
as described in 20.5.121.2102 NMAC or because the department determines that a
single entity is necessary to lead the corrective action;
(12) "technical merit" means those
characteristics of a proposal including but not limited to strategies,
expertise, methods, materials and procedures meeting the specifications
included in a request for proposals.
Disclaimer: These regulations may not be the most recent version. New Mexico may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
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