New Mexico Administrative Code
Title 20 - ENVIRONMENTAL PROTECTION
Chapter 9 - SOLID WASTE
Part 20 - RECYCLING, ILLEGAL DUMPING AND SCRAP TIRE MANAGEMENT
Section 20.9.20.23 - PERMIT MODIFICATION
Universal Citation: 20 NM Admin Code 20.9.20.23
Current through Register Vol. 35, No. 18, September 24, 2024
A. Any owner or operator of a tire recycling facility, storage facility or civil engineering application who seeks to modify such facility or permit conditions shall obtain a permit modification prior to making any modifications. A permit modification shall not extend the term of any permit.
B. An application for a modification shall demonstrate compliance with the portions of this part that pertain to such a modification.
C. The secretary may initiate the modification of permit conditions or require modification of the facility if:
(1) changes occur after permit
issuance, which justify permit conditions that are different from or are not
included in the existing permit;
(2) the secretary has received information
that was not in the record at the time of permit issuance and would have
justified the application of different permit conditions at the time of
issuance;
(3) the standards or
regulations on which the permit was based have changed by statute, through
promulgation of new or amended standards or regulations, or by judicial
decision after the permit was issued; or
(4) the secretary determines good cause
exists for modification, such as an act of God, strike, flood, or materials
shortage, or other events over which the permittee has little or no control and
for which there is no reasonable remedy.
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