N.M. Admin. Code § 20.9.20.50

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

Section 20.9.20.50 - SCRAP TIRE MANIFEST SYSTEM

A. Each shipment of ten or more scrap tires generated, or recycled or disposed in New Mexico, and transported by a scrap tire generator or hauler shall be accompanied by a scrap tire manifest that complies with this section, in a format approved by the department. The department will place a copy of the approved format on the solid waste bureau website, and will also make it available at the department. The manifest form shall be provided by the transporter or if transportation is performed by the generator, then the generator shall supply the manifest. The manifest form shall include:

(1) the name, physical address, mailing address and telephone number of the generator;

(2) the name, address, and telephone number of all haulers in the order each will be transporting the scrap tires; if the scrap tires are being transported for hire, the scrap tire or commercial hauler's registration number shall be included;

(3) if the hauler removes scrap tires from the shipment for reuse, the number and type of tires removed, the name, phone number and physical address, of the used tire reseller or individual to whom the scrap tires were delivered;

(4) the name, telephone number and permit or registration number of the facility to which the scrap tires are to be delivered;

(5) the number and type of scrap tires released by the scrap tire generator;

(6) the number and type of scrap tires delivered to the final destination;

(7) sequential numbering; and

(8) a minimum of 4 copies; copy 4 will be retained by the scrap tire generator upon completion of tire loading; copy 3 will be retained by the scrap tire transporter upon delivery of tires to a permitted processing facility; copy 2 will be retained by the processing facility; copy 1, or the original copy, shall be returned to the generator by the processing facility in accordance with the requirements of this section.

B. The generator or his authorized agent shall sign and date the manifest and obtain the signature of the initial hauler and date of acceptance on the manifest. The generator shall retain a copy of the manifest. Each hauler shall obtain the signature and date of the individual who accepts the scrap tires for recycling, further transportation or disposal, retain a copy of the manifest, and provide the original manifest to the next hauler or facility operator who receives the scrap tires.

C. Once the scrap tires reach a permitted tire recycling facility, a permitted civil engineering application site, a bona fide beneficial agricultural use, or a solid waste facility having a valid permit or registration, that destination shall be considered the final destination and must return the signed and dated manifest to the generator. If the scrap tires are transported from the permitted or registered facility or site, the facility or site shall be considered a generator of scrap tires, and a new manifest must be initiated.

D. If a registered scrap tire or registered commercial hauler removes tires for reuse or resale while transporting from a generator site to a permitted tire recycling facility, a permitted civil engineering application site, a bona fide beneficial agricultural use, or a solid waste facility having a valid permit or registration, he shall retain copies and invoices for the sale of any tires removed from the original shipment for a period of three (3) years, showing the name, address, and if available, the phone number of the customer.

E. If a registered scrap tire or registered commercial hauler removes for reuse all tires from an individually manifested shipment, the hauler shall return the original manifest to the generator within 60 days of the date of collection. If all are not removed, the manifest shall be adjusted to show the number of tires removed. The manifest shall follow the scrap tires to the next hauler or final destination.

F. The manifest shall accurately reflect the required information and shall be signed and dated by the generator, each hauler of the scrap tires, and by the final destination, acknowledging delivery, number or weight, and receipt of the scrap tires. All signatories shall be duly authorized agents of their organizations. The generator shall keep a copy of the originating manifest for three years.

G. The final destination of the scrap tires shall be a permitted tire recycling facility, a permitted civil engineering application site, a bona fide beneficial agricultural use, or a solid waste facility having a valid permit or registration issued pursuant to the Solid Waste Act 74-9-1, et seq. NMSA 1978.

H. A scrap tire hauler shall release the scrap tires and provide the accompanying scrap tire manifest(s) to the final destination within 30 days after the release of scrap tires from the scrap tire generator.

I. The generator shall contact the department if the original manifest is not received within 60 days of the date of release of the scrap tires.

J. Upon discovery of any significant discrepancy including, but not limited to, factual misrepresentation on the manifest, irregularities in transportation or any unauthorized action in regard to the shipment, delivery, or disposal of the scrap tires, the person discovering the discrepancy shall notify the department, the generator, the hauler, and the final destination in writing within 24 hours. A discrepancy of over 20% between the number of tires released by the generator site, if measured by number, and scrap tires accepted at the final destination, if measured by weight, and unless otherwise accounted for, shall be considered significant.

K. Within thirty days of receipt of a scrap tire shipment at the final destination, the owner or operator of the final destination shall send the original signed copy of the manifest to the scrap tire generator, acknowledging receipt of the shipment. The facility owner or operator shall list any significant discrepancies on the manifest. Other methods of return of the manifest may be allowed upon specific approval from the secretary.

L. A copy of the manifest shall be retained by each hauler and final destination for their operating records. The scrap tire generator shall retain for a period of three years both the originating copy and the returned original manifest signed by the solid waste facility owner or operator and all haulers transporting the waste. Haulers shall retain a copy of the manifest for a period of three years.

M. Copies of the manifest shall be retained by the final destination throughout any closure period.

N. This section shall not apply to scrap tires that are collected incidentally to the collection and transportation of municipal solid waste to a permitted or registered facility.

O. The transportation of scrap tires between a permitted or registered solid waste facility and another permitted or registered solid waste facility or permitted civil engineering application shall be exempt from this section.

P. Transportation of scrap tires by the New Mexico department of transportation and its contractors is exempt from this section.

Q. Registered commercial waste haulers that are hired to transport scrap tires from an illegal dump site or an abatement project are exempt from this section.

N.M. Admin. Code § 20.9.20.50

20.9.20.50 NMAC - N, 8/2/2007