N.M. Admin. Code § 20.5.123.2312

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

Section 20.5.123.2312 - MEANS TEST TO DETERMINE DEDUCTIBLE

A. An owner or operator otherwise responsible for paying the first ten thousand dollars ($10,000) of minimum site assessment costs under Section 74-6B-13 NMSA 1978 may request that the first ten thousand dollars ($10,000) be paid from the Fund (a "zero deductible") if the owner or operator proves to the department an inability to pay the deductible.

B. An owner or operator otherwise responsible for a ten thousand dollar ($10,000) deductible is allowed a five thousand dollar ($5,000) deductible if the owner or operator proves to the department an inability to pay the full deductible.

C. The owner or operator shall submit an application for a zero or reduced deductible before or with submission of the MSA workplan, pursuant to 20.5.119 NMAC or 20.5.120 NMAC. The application shall include the following:

(1) a letter explaining why the owner or operator is unable to afford to pay all or a portion of the initial ten thousand dollar ($10,000) cost of an MSA;

(2) copies of the owner's or operator's federal tax returns for the immediately preceding two years; and

(3) any additional financial documentation (for example, copies of bankruptcy filings or medical bills) that will assist the department in determining the owner or operator's inability to pay.

D. The department shall determine inability or reduced ability to pay by using one of the environmental protection agency's published computer analysis programs, and by considering the owner's or operator's ability to maintain basic business operations if required to pay the full or reduced deductible, including consideration of the overall financial condition of the owner or operator and demonstrable constraints on the ability of the owner or operator to raise revenues.

E. Notwithstanding the provisions of subsections A and B of this section, an owner or operator otherwise responsible for paying a deductible shall be allowed a zero deductible if the owner or operator has proven to the department that the owner or operator is a municipality or county.

N.M. Admin. Code § 20.5.123.2312

Adopted by New Mexico Register, Volume XXIX, Issue 16, August 28, 2018, eff. 7/31/2018, Adopted by New Mexico Register, Volume XXIX, Issue 24, December 27, 2018, eff. 12/27/2018