N.M. Admin. Code § 20.9.20.24

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

Section 20.9.20.24 - TRANSFER OF PERMITS AND CHANGE IN PERMIT APPLICANT

A. A change in ownership of a permittee requires a permit transfer and shall be allowed according to the following procedure.

(1) Where the entity owning the permit undergoes an ownership change, but the permitted entity remains the same, the new owner shall, within thirty days of the change, submit the following:

(a) a description of the change in ownership;

(b) the date of the change in ownership;

(c) if the change in ownership is for a facility that stores 20,000 or more scrap tires at any one time or processes 200,000 or more scrap tires per year or a land reclamation project that uses 100,000 or more scrap tires per year, a statement that the current financial assurance will remain in effect, or a new proposed financial assurance to meet the requirements of 20.9.20.57 - 20.9.20.59 NMAC has been obtained;

(d) a statement whether the new owner has been convicted of a felony or other crime within ten years immediately preceding the date of the transfer, and if so details of the crime and conviction;

(e) a statement whether the new owner has been fined within the past five years for alleged violations of any environmental laws of this state, any other state or the United States, and if so, details of any allegations, settlements or compliance orders; and

(f) any other information required by the department.

(2) If the change in ownership is for a facility that stores 20,000 or more scrap tires at any one time or processes 200,000 or more scrap tires per year or a land reclamation project that uses 100,000 or more scrap tires per year, the permittee shall provide proof of public notice of the ownership change using the procedures applicable to permit applications in Subsection A of 20.9.20.19 NMAC, and shall indicate in the public notice that the department will accept public comment on the ownership change for a period of 30 days after the date of publication.

(3) The existing financial assurance required by 20.9.20.57 - 20.9.20.59 NMAC shall remain in effect until the secretary has approved any new proposed financial assurance submitted by the new owner.

(4) The secretary shall, within 90 days after the submission of all required information, but not before the close of the public comment period, issue an order approving, approving with terms or conditions, or denying the application for permit transfer and revoking the permit. The secretary may condition the approval or deny the application and revoke the permit based on evidence in the administrative record. The secretary may deny the application for any reason set forth in Subsection A of 20.9.20.21 NMAC.

B. A change in the named permittee requires a permit transfer and shall be allowed according to the following procedure.

(1) Where the person owning the permit seeks to transfer the permit to a new person to be named as permittee, the existing owner and the proposed new owner shall file an application with the department requesting transfer of the permit. The application shall contain the following information:

(a) a description of the proposed change of permittee;

(b) an explanation of whether the change in permittee will have any effect on the operations;

(c) If the change in permittee is for a tire recycling facility that stores 20,000 or more scrap tires at any one time or processes 200,000 or more scrap tires per year or a land reclamation project that uses 100,000 or more scrap tires, a new proposed financial assurance to meet the requirements of 20.9.20.57 - 20.9.20.59 NMAC;

(d) a statement whether the new owner has been convicted of a felony or other crime within ten years immediately preceding the date of the transfer, and if so, details of the crime and conviction;

(e) a statement whether the new owner has been fined within the past five years for alleged violations of any environmental laws of this state, any other state or the united states, and if so, details of any allegations, settlements or compliance orders;

(f) If the change in permittee is for a facility that stores 20,000 or more scrap tires at any one time or processes 200,000 or more scrap tires per year or a land reclamation project that uses 100,000 or more scrap tires; and

(g) any other information required by the secretary.

(2) The permittee shall provide public notice of a proposed permit transfer using the procedures applicable to permit applications in Subsection A of 20.9.20.19 NMAC, and shall indicate in the public notice that the department will accept public comment on the permit transfer for a period of 30 days after the date of publication.

(3) If applicable, the existing financial assurance required by 20.9.20.57 - 20.9.20.59 NMAC shall remain in effect until the secretary has approved any new proposed financial assurance submitted by the proposed new permittee.

(4) The secretary shall, within 90 days after the submission of all required information, but not before the close of the public comment period, issue an order approving, approving with terms or conditions, or denying the application for permit transfer, and if necessary, revoking the permit. The secretary may condition the approval or deny the application and if necessary revoke the permit based on evidence in the administrative record. The secretary may deny the application or if necessary revoke the permit for any reason set forth in 20.9.20.21 NMAC.

C. If a permit applicant changes ownership or seeks to transfer the application to a new proposed permittee, the applicant and transferee shall follow the procedures in this section. If the application has already been deemed complete, the application shall be re-noticed and re-submitted.

N.M. Admin. Code § 20.9.20.24

20.9.20.24 NMAC - N, 8/2/2007