N.M. Admin. Code § 20.9.20.26

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

Section 20.9.20.26 - APPLICATION REQUIREMENTS FOR SCRAP TIRE HAULER REGISTRATION

Haulers of scrap tires shall register with the department 30 days prior to beginning operations. A scrap tire hauler operating prior to the effective date of these regulations shall file an application within one year of the effective date of these regulations, and shall be allowed to continue hauling until its application is either approved or denied. Commercial solid waste haulers registered pursuant to 20.9.3.31 NMAC who haul scrap tires using vehicles that are primarily used for the hauling of other solid waste are not required to register under this section. Registrations are not transferable. Applications for a scrap tire hauler registration shall include the following information;

A. the name, address, telephone number, and e-mail address of the operation for which registration is sought, and the name address, telephone number, date of birth, driver's license number, and social security number of the owner and operator, unless the owner and operator are public entities or are a publicly held corporation that has on file and in effect with the federal securities and exchange commission a registration statement required under 15 U.S.C. Section 77 e(c);

B. the anticipated start up date, hours of operation, and days of collection;

C. location and zoning of vehicle maintenance and any storage yard(s) and a demonstration that the use meets all zoning and land use regulations and restrictive covenants;

D. certification that drivers and vehicles are, and will continue to be, properly licensed;

E. a statement whether any of the owners or operators have been fined for violation of any environmental laws of any state or the United States;

F. a statement of whether any of the owners or operators have had any permit or registration revoked or permanently suspended for cause under the environmental laws of any state or the United States;

G. a copy of a current warrant issued by the New Mexico public regulations commission, transportation division pursuant to Paragraph (5) of Subsection A of 18.3.2.8 NMAC, if applicable, or in the case of a public entity hauling special waste, proof of financial responsibility;

H. a list of all registered or permitted tire recycling facilities, beneficial agricultural sites or solid waste facilities where scrap tires are expected to be transported on a regular basis;

I. if the hauler has a temporary storage facility used to separate scrap tires from tires that will be sold for reuse, a separate permit for the hauler's temporary storage facility is not required, but the hauler must provide a statement in the application that no more than 99 scrap tires will be stored at any one time at the haulers temporary storage facility, and that scrap tires will be separated from reusable tires and will not be stored for a period exceeding 72 hours;

J. evidence that a surety bond in the amount of $10,000 has been posted; and

K. any additional information required by the secretary.

L. All applications shall be signed by the owner and operator, with a statement certifying that all information in the application is true and correct.

N.M. Admin. Code § 20.9.20.26

20.9.20.26 NMAC - N, 8/2/2007