N.M. Admin. Code § 20.6.3.7

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

Section 20.6.3.7 - DEFINITIONS

The words and phrases used in this Part have the same meaning as in The Voluntary Remediation Act, NMSA 1978, Sections 74-4G-1 et seq. As used in this Part:

A. "Act" means the Voluntary Remediation Act, NMSA 1978, Sections 74-4G-1 et seq.

B. "background" means, for purposes of the voluntary remediation program only and for no other purposes in this Part and any other regulations, including but not limited to surface water standards, the amount of contaminants naturally occurring from undisturbed geologic sources or contaminants which the participant establishes are occurring solely from a source other than the participant's facility. This definition does not apply to any other program area in the department, nor shall this definition be interpreted as applicable to any other program area, and this definition shall not prevent the secretary from requiring remediation of commingled plumes of pollution, shall not prevent participants from seeking contribution or other legal or equitable relief from other persons, and shall not preclude the secretary from exercising enforcement authority under any applicable statute, regulation or common law.

C. "facility" means any structure, installation, operation, storage tank, transmission line, motor vehicle, rolling stock, or activity of any kind, whether stationary or mobile;

D. "notice of violation" means a notice that alleges one or more violations of law and describes actions that should or must be taken to avoid an enforcement action;

E. "owner" means the person or persons who own a facility, or part of a facility;

F. "operator" means the person or persons responsible for the overall operations of a facility;

G. "secretary" means the Secretary of the New Mexico Environment Department or his or her designee;

N.M. Admin. Code § 20.6.3.7

7/15/99; 20.6.3.7 NMAC - Rn, 20 NMAC.6.3.I.107, Recompiled 11/27/01