N.M. Admin. Code § 20.6.3.700
Current through Register Vol. 35, No. 23, December 10, 2024
Section 20.6.3.700 - RESCISSIONThe Secretary may rescind a certificate of completion, conditional certificate of completion, or a covenant not to sue if the Department determines that:
A. based on reasonable evidence, contamination addressed in the agreement still poses, following remediation, an unreasonable threat to human health or the environment, or that the performance standard described in Subpart I, Section 110 of this Part [20.6.3.10 NMAC] has not been met;B. the voluntary remediation agreement was performed in a manner that fails to comply substantially with the terms and conditions of the agreement or voluntary remediation work plan;C. any monitoring requirements, engineering controls, remediation systems, post-closure care, or affirmation of future non-residential land use upon which the final remedy is dependent are not being implemented satisfactorily;D. the voluntary remediation agreement is a result of fraud; orE. contamination was present at the site at the time the voluntary remediation agreement was signed or the voluntary remediation work plan was approved, but the department was not properly informed of the type, extent, or magnitude of the contaminants.N.M. Admin. Code § 20.6.3.700
7/15/99; 20.6.3.700 NMAC - Rn, 20 NMAC 6.3.VII.700 and 701, Recompiled 11/27/01