N.M. Admin. Code § 19.15.36.20 - TRANSITIONAL PROVISIONS
Existing permitted facilities. Surface waste management facilities in operation prior to the effective date of 19.15.36 NMAC pursuant to division permits or orders may continue to operate in accordance with such permits or orders, subject to the following provisions.
A. Existing surface waste management
facilities shall comply with the financial assurance, operational, monitoring,
waste acceptance and closure and post closure requirements provided in 19.15.36
NMAC, except as otherwise specifically provided in the applicable permit or
order, or in a specific waiver, exception or agreement that the division has
granted in writing to the particular surface waste management
facility.
B. The division shall not
require financial assurance for a commercial facility permitted prior to the
effective date of 19.15.36 NMAC that exceeds $250,000 until such time as:
(1) the division reviews the commercial
facility's permit pursuant to Paragraph (3) of Subsection A of
19.15.36.12 NMAC, at which time
the division may require the operator to submit a closure and post closure
plan; which shall include a responsible third party contractor's cost estimate
to complete closure and post closure of the surface waste management facility
pursuant to the requirements of Subsections A through F of
19.15.36.18 NMAC:
(a) if the division determines that such
estimate does not reflect a reasonable and probable closure and post closure
cost, the division shall determine the estimated closure and post closure cost
and shall provide its determination of estimated closure and post closure cost
to the operator;
(2) the commercial facility applies for a
major modification.
Notes
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