N.M. Admin. Code § 20.5.104.407

Current through Register Vol. 35, No. 23, December 10, 2024

Section 20.5.104.407 - DEFERRAL OF RE-TRAINING

A. An owner or operator that is a certified operator may apply in writing to the department for a one-time five-year deferral of re-training required in 20.5.104.406 NMAC if he can demonstrate the following:

(1) he owns no more than two facilities;

(2) no significant changes, modifications or upgrades to either of the facilities have been made during the five-year period immediately preceding the deferral application, including changes to spill prevention equipment, overfill protection equipment, leak detection equipment or corrosion protection equipment;

(3) the average monthly throughput at each facility is less than 20,000 gallons over the last 12 months; and

(4) the facility has not been out of compliance as defined in 20.5.104.406 NMAC during the five-year period immediately preceding the deferral application.

B. The department shall promptly evaluate applications for deferral of re-training, and shall respond in writing within 60 days of receipt whether the application is granted, denied, or whether more information is needed. The department shall not unreasonably withhold approval if the applicant meets all requirements of Subsection A of this section. It is the responsibility of owners and operators to timely apply for deferrals of re-training so that they may be processed and evaluated well before the expiration of operator certification.

C. The department shall place facilities where the owner or operator has received a deferral of re-training on a priority list for technical assistance and inspection.

D. Owners and operators that receive a deferral of re-training shall complete re-training as required in 20.5.104.406 NMAC within five years after the deferral is granted. In other words, if approved, these owners and operators shall re-certify class A and B operators after 10 years.

N.M. Admin. Code § 20.5.104.407

Adopted by New Mexico Register, Volume XXIX, Issue 14, July 24, 2018, eff. 7/24/2018