N.M. Admin. Code § 20.9.20.7

Current through Register Vol. 35, No. 21, November 5, 2024

Section 20.9.20.7 - DEFINITIONS

As used in this part, the following definitions apply.

A. "Abatement" means to reduce in amount, degree or intensity or to eliminate.

B. "Act" means the Recycling and Illegal Dumping Act, Sections 74-13-1 et seq. NMSA 1978.

C. "Agricultural use" means the beneficial use of scrap tires in conjunction with the operations of a farm or ranch that includes construction projects and aids in the storage of feed, as defined in the act.

D. "Alliance" means the recycling and illegal dumping alliance.

E. "Board" means the environmental improvement board.

F. "Civil engineering application" means the use of scrap tires or other recycled material in conjunction with other aggregate materials in engineering applications.

G. "Composting" means the process by which biological decomposition of organic material is carried out under controlled conditions and the process stabilizes the organic fraction into a material that can be easily and safely stored, handled and used in an environmentally acceptable manner.

H. "Cooperative association" means a refuse disposal district created pursuant to the Refuse Disposal Act, Sections 4-52-1 et seq. NMSA 1978; a sanitation district created pursuant to the Water and Sanitation District Act, Sections 73-21-1 et seq. NMSA 1978; a special district created pursuant to the Special District Procedures Act, Sections 4-53-1 et seq. NMSA 1978; or other associations created pursuant to the Joint Powers Agreements Act, Sections 11-1-1 et seq. NMSA 1978; or the Solid Waste Authority Act, Sections 74-10-1 et seq. NMSA 1978.

I. "Department" means the New Mexico environment department.

J. "Dispose" means to deposit scrap tires or solid waste into or on any land or water.

K. "Hauler's temporary storage facility" means a facility where less than 100 scrap tires are stored for no more than 72 hours by a registered scrap tire hauler or registered commercial hauler for the purpose of separating scrap tires from tires that will be reused for their original purpose.

L. "Household" means any single and multiple residence, hotel or motel, bunkhouse, ranger station, crew quarters, campground, picnic ground or day-use recreation area.

M. "Illegal dumping" means disposal of trash, scrap tires or any solid waste in a manner that violates the Solid Waste Act or the Recycling and Illegal Dumping Act.

N. "Illegal dumpsite" means a place where illegal dumping has occurred.

O. "Land reclamation" means the filling and restoring of excavated land for the purpose of restoring the land to its approximate natural grade and to prepare or reclaim the land for re-use. Disposal of scrap tires in a permitted or registered solid waste facility is not "land reclamation."

P. "Land reclamation project" means a civil engineering application designed to fill and restore land which had been excavated before the project and was not excavated for the burying of scrap tires, and does not include bank stabilization and erosion control projects.

Q. "Market development" means activities to expand or create markets for recyclable and reusable materials.

R. "Modify" means to change the terms or conditions of a permit or registration including:

(1) any change in the fundamental method of processing of scrap tires;

(2) any lateral or vertical expansion or alteration of the storage areas of the scrap tires, used tires, or tire derived products;

(3) storage of scrap tires, used tires, or tire derived products beyond the permitted or registered boundaries; but

(4) "modify" does not include:

(a) routine maintenance, repair, or replacement;

(b) an increase in the process rate, if such increase does not exceed the design capacity of the tire recycling facility, civil engineering application or violate any condition of the permit;

(c) a change in the hours of operation, unless such hours are specified in a permit condition;

(d) a change in the operating plan that is not the subject of a permit condition; and

(e) temporary changes allowed by the secretary under Subsection B of 20.9.20.39 NMAC and Subsection D of 20.9.20.41 NMAC when there is an imminent danger to public health, welfare, or the environment.

S. "Motor vehicle" means a vehicle or device that is propelled by an internal combustion engine or electric motor power that is used or may be used on the public highways for the purpose of transporting persons or property and includes any connected trailer or semi-trailer.

T. "Operator" means the person(s) responsible for the overall operation or construction of all or any portion of a tire recycling facility, civil engineering application, or business that generates or hauls scrap tires.

U. "Owner" means the person(s) who owns all or part of a tire recycling facility, civil engineering application, or business that generates or hauls scrap tires.

V. "Passenger tire equivalent" or "PTE" is a conversion factor for converting between numbers of scrap tires and weight; for passenger and light truck tires, the total weight of scrap tires, in pounds, divided by 22.5 pounds produces the passenger tire equivalent. For purposes of this part, any numerical requirement associated with scrap tires may be measured in either PTEs or the actual number of scrap tires.

W. "Person" means any individual, partnership, company, corporation, firm, association, trust, estate, or legal entity, including government entities.

X. "Processing" means techniques to change physical, chemical or biological character or composition of solid waste but does not include composting, transformation or open burning.

Y. "Public entity" means:

(1) any state or local government;

(2) any department, agency, special purpose district, or other instrumentality of federal, state or local government; or

(3) any pueblo, tribe or Indian nation.

Z. "Recycling" means any process by which recyclable materials are collected, separated or processed and reused or returned to use in the form of raw materials or products.

AA. "Reusable tire" or "used tire" means a whole tire which has been used but is suitable for reuse for its originally intended purpose and has been specifically separated from scrap tires for reuse or resale. A used tire which appears to be suitable for its originally intended purpose but which has not been separated from scrap tires and stacked either vertically or horizontally shall be considered a scrap tire.

BB. "Reuse" of a tire means the return of a tire to use for its originally intended purpose without a change to its original form.

CC. "Scrap tire" means a tire, including a baled tire, that is no longer suitable for its originally intended purpose because of wear, damage, defect or obsolescence.

DD. "Scrap tire baling" means the process by which scrap tires are mechanically compressed and bound into block form.

EE. "Scrap tire generator" means a person who generates scrap tires, including retail tire dealers, retreaders, scrap tire processors, automobile dealers, automobile salvage yards, private company vehicle maintenance shops, garages, service stations and city, county and state government, but does not include persons who generate scrap tires in a household or in beneficial agricultural operations.

FF. "Scrap tire hauler" means a person who transports scrap tires for hire for the purpose of recycling, disposal, transformation or use in a civil engineering application.

GG. "Scrap tire manifest" means a document containing information as required by, Section 20.9.20.50, that is necessary to transport scrap tires in the state of New Mexico.

HH. "Secretary " means the secretary of the New Mexico environment department or his or her designee.

II. "Storage" or "temporary storage" means storage for a period of time allowed by a permit for storage of scrap tires. Storage or temporary storage does not include a staging area where scrap tires will be staged for 5 days or less during construction.

JJ. "Tire" means a continuous solid or pneumatic rubber covering that encircles the wheel of a motor vehicle.

KK. "Tire-derived fuel" means whole or chipped tires that produce a low sulfur, high-heating-value fuel.

LL. "Tire-derived product" means a usable product produced from the processing of a scrap tire but does not include baled tires.

MM. "Tire recycling" means a process in which scrap tires are collected, stored, separated or reprocessed for reuse as a different product or shredded into a form suitable for use in rubberized asphalt or as raw material for the manufacture of other products.

NN. "Tire recycling facility" means a place operated or maintained for tire recycling but does not include:

(1) retail business premises where tires are sold, if no more than five hundred loose scrap tires or two thousand scrap tires, if left in a closed conveyance or enclosure, are kept on the premises at one time;

(2) the premises of a tire retreading business, if no more than three thousand scrap tires are kept on the premises at one time;

(3) premises where tires are removed from motor vehicles in the ordinary course of business, if no more than five hundred scrap tires are kept on the premises at one time;

(4) a solid waste facility having a valid permit or registration issued pursuant to the provisions of the Solid Waste Act or regulations adopted pursuant to that act or registration issued pursuant to the Environmental Improvement Act; or

(5) a site where tires are stored or used for beneficial agricultural uses.

OO. "Vector" means any agent capable of transmitting a disease from one individual or organism to another. Vectors include, but are not limited to, mosquitoes, flies and other insects, rodents, and vermin.

N.M. Admin. Code § 20.9.20.7

20.9.20.7 NMAC - Rp, 20 NMAC 9.2.I.107, 8/2/2007