N.M. Admin. Code § 20.9.5.14

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

Section 20.9.5.14 - COMMERCIAL HAULER OPERATING REQUIREMENTS

A. Commercial haulers shall:

(1) collect and transport waste so as to prevent environmental, safety, and public health or welfare hazards and nuisances;

(2) utilize equipment that is designed, constructed and operated so as to be leak-proof and protective of human health and safety and the environment;

(3) cover or enclose the waste to prevent littering during transportation;

(4) keep collection and transportation equipment in a clean condition through the use of sufficient washings and cleanouts;

(5) only transport waste to a facility that is permitted or registered under 20.9.2 - 20.9.10 NMAC or that is authorized by another government; provided that this is not to be construed to limit initial sorting of solid waste on site;

(6) immediately clean up any solid waste spilled during collection or hauling operations;

(7) conspicuously label all solid waste collection vehicles with the company, municipality, or county department name;

(8) conspicuously label all solid waste collection vehicles with the environment department registration number;

(9) take reasonable measures to assure that unauthorized wastes are not accepted; and

(10) if hauling special waste, carry a contingency plan and clean-up kit as approved pursuant to Paragraphs (3) and (4) of Subsection B of 20.9.3.31 NMAC.

B. Commercial haulers shall provide prior notification to the department, in writing, of any major changes in collection operations or disposal facility being used. A major change includes an addition of a type of waste, a change in ownership, a change in location and a change in the disposal facility being used. In the case of emergency, where prior notice cannot be given, written notice shall be given within 48 hours after the change.

C. All infectious waste commercial haulers shall comply with the following transportation requirements:

(1) infectious waste shall not be transported in the same vehicle with other waste unless the infectious waste is contained in a separate, fully enclosed leak-proof container within the vehicle compartment, unless all of the waste has been treated as infectious waste in accordance with 20.9.8.13 NMAC;

(2) employers of persons loading or unloading containers of infectious waste shall assure that employees wear appropriate personal protective equipment and shall conform with 29 CFR 1910.132 and shall have available for inspection a certification that the required workplace hazard assessment has been performed;

(3) surfaces of transport vehicles contaminated by infectious waste shall be decontaminated;

(4) vehicles transporting infectious waste shall be identified on each side of the vehicle with the name or trademark of the commercial hauler, the environment department registration number, and a biohazard symbol;

(5) each vehicle or container used for shipping infectious waste shall be so designed and constructed, and its contents limited so that under conditions normally incident to transportation, there shall be no releases of infectious waste to the environment;

(6) any vehicle or container used for shipping infectious waste shall be free from leaks, and all discharge openings shall be securely closed during transportation;

(7) no person shall transport infectious waste into the state for treatment, storage, or disposal unless the waste is packaged, contained, labeled and transported in the manner required by 20.9.8.13 NMAC;

(8) all generator storage containers shall be labeled with the generator's name, the city of origin, and date of collection;

(9) periods of storage and transportation of infectious waste by commercial haulers shall be limited to seven days prior to disposal or treatment unless the waste is refrigerated at or below 45 degrees fahrenheit; the total period of storage and transportation shall not exceed 45 days unless specifically approved by the secretary; and

(10) all accidents, spills, releases, or other similar incidents with the potential to adversely impact public health or welfare or the environment shall be immediately reported to the New Mexico emergency response center.

D. Commercial haulers shall maintain an operating record documenting activities for at least the preceding three year period. The operating record shall include:

(1) type and weight or volume of solid waste hauled;

(2) state, county, and municipality in which the solid waste originated; and

(3) solid waste facilities utilized.

N.M. Admin. Code § 20.9.5.14

20.9.5.14 NMAC - Rp, 20 NMAC 9.1.IV.408, 8/2/2007