N.M. Admin. Code § 20.5.116.1601

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

Section 20.5.116.1601 - DELIVERY PROHIBITIONS

A. Mandatory ineligibility. The department shall classify a storage tank as ineligible for delivery, deposit or acceptance of product if any of the following conditions exist at the storage tank, or shall classify a facility as ineligible for delivery or acceptance of product if any of the following conditions exist at every storage tank at the facility:

(1) required spill prevention equipment is not installed;

(2) required overfill protection equipment is not installed;

(3) required leak detection equipment is not installed; or

(4) required corrosion protection equipment is not installed, including required corrosion protection equipment for a buried metal flexible connector.

B. Discretionary ineligibility. The department may, in its sole discretion, classify a storage tank as ineligible for delivery, deposit or acceptance of product if any of the following conditions exist at the storage tank, or may classify a facility as ineligible for delivery, deposit or acceptance of product if any of the following conditions exist at every storage tank at the facility:

(1) improper operation or maintenance of required equipment for:

(a) spill prevention;

(b) overfill prevention;

(c) leak detection;

(d) corrosion protection; or

(2) operation of the storage tank or facility in a manner that creates an imminent threat to public health and the environment.

N.M. Admin. Code § 20.5.116.1601

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