New Mexico Administrative Code
Title 20 - ENVIRONMENTAL PROTECTION
Chapter 9 - SOLID WASTE
Part 6 - SOLID WASTE FACILITY AND COMPOSTING FACILITY CLOSURE AND POST-CLOSURE REQUIREMENTS
Section 20.9.6.10 - CONSTRUCTION AND DEMOLITION LANDFILL CLOSURE AND POST-CLOSURE REQUIREMENTS

Universal Citation: 20 NM Admin Code 20.9.6.10

Current through Register Vol. 35, No. 6, March 26, 2024

A. Owners and operators of construction and demolition landfills shall comply with the following closure requirements.

(1) A final cover of not less than 24 inches of approved material shall be placed over the entire surface of each portion of the final lift starting no later than 30 days and completed within 60 days after the known final receipt of waste. The final cover shall consist of a compacted layer of not less than 18 inches of approved material and a layer for minimizing erosion of not less than 6 inches of approved material that is capable of sustaining native plant growth.

(2) The finished grades over filled areas shall not exceed 25 percent (four feet horizontal to one foot vertical), or be less than five percent for landfills permitted after the effective date of these regulations or two percent for all other landfills. The slope shall be sufficient to prevent the ponding of water and the erosion of the cover material. For existing landfills, the secretary may approve slopes which exceed 25 percent grade provided the owner demonstrates there is no practicable alternative and the steeper slopes can be permanently stabilized to prevent erosion.

(3) The owner or operator shall provide a plan showing the final contours and vegetation in relationship to the surrounding land, the description of final use of the land with drawings as appropriate, and a description of vegetation to provide permanent soil stabilization.

(4) Upon completion of closure, a detailed description of the location of areas of waste disposal at the site, including a plat signed by a registered surveyor, shall be filed with the appropriate county land recording agency. The description and the plat shall be filed so that it will be found during a title search and proof of the filing shall be submitted to the secretary. The description shall perpetually notify any potential purchaser of the property that:
(a) the land has been used as a landfill; and

(b) its use is restricted as described in the post-closure care plan.

(5) The owner or operator may request permission from the secretary to file a revised description if all wastes are removed from the facility.

B. Post-closure care for construction and demolition landfills shall be for a period of 30 years and includes control of erosion, maintenance of cover, top slopes, side slopes, drainage, and vegetation. The owner or operator of a construction and demolition landfill shall conduct post-closure care inspections:

(1) at least once a year for the first three years; and

(2) at least once every three years, thereafter.

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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