N.M. Admin. Code § 20.9.20.27

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

Section 20.9.20.27 - SCRAP TIRE HAULER BOND REQUIREMENTS

A scrap tire hauler must acquire and maintain a surety bond in the amount of $10,000 submitted on a form prepared by the department. This form may be obtained by contacting the department solid waste bureau, and will be posted on its website. The purpose of the surety bond is to provide limited financial assurance for the cleanup and proper disposal of scrap tires found to be illegally dumped by the scrap tire hauler.

A. The surety bond provided to the department must be issued subject to the laws and jurisdiction of the state of New Mexico and must issued by a surety company authorized by the superintendent of insurance to do business in New Mexico. The surety bond provided to the department must have original signatures. The wording of the surety bond must be identical to the wording on the form supplied by the department.

B. The surety bond must name the secretary of the New Mexico environment department as the obligee for the surety bond. The secretary may designate a third party to receive any funds from the surety in an amount up to $10,000 to pay for the costs of clean-up activities.

C. The surety bond must be continuous in nature, unless canceled by the surety company. The security company must notify the department sixty (60) calendar days prior to cancellation of the surety bond. Notice must be provided in writing via certified mail to the solid waste bureau chief.

D. In the event of cancellation of a surety bond, the scrap tire hauler must provide a replacement surety bond, executed by an authorized surety company, within thirty (30) calendar days of the department's receipt of the notice of cancellation of the existing surety bond. Should the scrap tire hauler fail to submit alternate bond coverage by the thirty-first (31) calendar day following receipt by the department of the notice of cancellation, the scrap tire hauler's certificate of registration shall be immediately suspended.

E. The surety company shall become liable under the terms of the bond if the department determines that the scrap tire hauler has failed to comply with the provisions of the Solid Waste Act, the Recycling and Illegal Dumping Act and 20.9.2 NMAC through 20.9.10 NMAC or this part. The registered scrap tire hauler is jointly and severally liable for the bond amount and any penalties, clean-up costs, or judgments resulting from hauling activities in violation of the Solid Waste Act, the Recycling and Illegal Dumping Act and 20.9.2 NMAC through 20.9.10 NMAC or this part that exceed the bond amount.

F. The surety's liability is limited to the amount of the surety bond. The amount of monies recoverable from the scrap tire hauler is not limited to the amount of the bond. A scrap tire hauler shall be responsible for paying for any financial obligations, beyond $10,000 should the department successfully obtain the $10,000 from the surety pursuant to the terms of the surety bond, caused by improper disposal of scrap tires by the scrap tire hauler or the scrap tire hauler's employee while acting within the scope of employment, as determined by the department.

G. The owner or operator may cancel the surety if the department has given prior written consent. The department will provide such written consent when the scrap tire hauler has given written notification that the scap tire hauler is no longer in business and/or the date that the scrap tire hauling activities ceased.

N.M. Admin. Code § 20.9.20.27

20.9.20.27 NMAC - N, 8/2/2007