N.M. Admin. Code § 20.9.5.8

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

Section 20.9.5.8 - GENERAL OPERATING REQUIREMENTS FOR ALL SOLID WASTE FACILITIES

A. Owners and operators of each solid waste facility shall:

(1) operate the facility in a manner that does not cause a public nuisance or create a potential hazard to public health, welfare or the environment;

(2) control and mitigate odor and litter; and

(3) post signs to indicate the location of the site, the hours of operation, emergency telephone numbers, disposal instructions, and that fires and scavenging are prohibited.

B. Owners and operators of a solid waste facility shall:

(1) have a certified operator or representative present at all times while the facility is operational;

(2) implement a plan approved by the secretary to inspect loads to detect and prevent the disposal of unauthorized waste, including:

(a) inspection frequency;

(b) inspection personnel;

(c) method of inspection; and

(d) a training program for the facility employees in the identification of unauthorized waste, including hazardous waste, hot waste, and PCB's;

(3) maintain a written operating record in compliance with 20.9.5.16 NMAC;

(4) notify the department both orally and in writing within 24 hours of an occurrence of a spill, fire, flood, explosion, mass movement of waste, or similar event;

(5) upon discovery of the receipt of unauthorized waste:

(a) notify the department, the hauler, and the generator in writing within 48 hours;

(b) restrict the area from public access and from facility personnel; and

(c) assure proper cleanup, transport and disposal of the waste;

(6) ensure that copies of contingency plans are readily accessible to employees on duty; and

(7) train employees when hired and at least annually thereafter on when and how to implement contingency plans and document in the operating record that such training has been conducted.

C. The secretary may order temporary changes in operation or facility design in emergency situations when the secretary determines there is an imminent danger to public health, welfare or the environment.

D. If recyclable materials such as used oil, antifreeze, paint, or similar materials are diverted from the waste stream at a solid waste facility, the materials shall be stored for no longer than twelve months and shall be maintained in a covered area, not exposed to the weather, with secondary containment.

N.M. Admin. Code § 20.9.5.8

20.9.5.8 NMAC - Rp, 20 NMAC 9.1.IV.401, 8/2/2007