N.M. Admin. Code § 20.9.20.8

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

Section 20.9.20.8 - PROHIBITED ACTS

A. A person shall not store or use in a civil engineering application, except for beneficial agricultural use, more than one hundred scrap tires anywhere in this state, unless the person has a valid permit or registration from the department, or is excluded from the definition of a tire recycling facility pursuant to Subsection NN of 20.9.20.7 NMAC.

B. A person shall not operate or maintain a tire recycling facility unless the facility has a valid permit issued pursuant to the provisions of the Recycling and Illegal Dumping Act or is a facility where tires are stored and used for beneficial agricultural uses and complies with rules enacted pursuant to the Recycling and Illegal Dumping Act.

C. A person shall not transport scrap tires for hire to a place other than a permitted tire recycling facility or permitted civil engineering application unless the place is specifically excluded from the definition of a "tire recycling facility".

D. A person shall not transport scrap tires for hire either for disposal or recycling purposes without being registered as a scrap tire hauler by the department pursuant to rules adopted in accordance with the Recycling and Illegal Dumping Act.

E. A scrap tire generator shall not release scrap tires to a person other than a registered scrap tire hauler pursuant to the Recycling and Illegal Dumping Act, a registered commercial waste hauler pursuant to the Solid Waste Act, or a self-hauling agricultural operation.

F. A person shall not engage in the open burning of scrap tires.

G. A person shall not store or dispose of scrap tires or tire-derived products in a manner that creates a public nuisance, promotes the breeding or harboring of disease vectors or creates a potential for fire or other health or environmental hazards.

H. A generator, scrap tire hauler or registered solid waste hauler shall not transport scrap tires without possessing a New Mexico scrap tire manifest approved by the department, except as otherwise provided in this part.

I. A person shall not engage in, maintain or allow illegal dumping.

N.M. Admin. Code § 20.9.20.8

20.9.20.8 NMAC - Rp, 20 NMAC 9.2.I.108, 8/2/2007