N.M. Code R. § 20.11.2.15
Current through Register Vol. 35, No. 12, June 25, 2024
Section 20.11.2.15 - FEES FOR FUGITIVE DUST CONTROL PERMITS AND INSPECTIONS; FEE CALCULATIONS AND PROCEDURESA. Every person required to submit a permit application for a fugitive dust control construction permit as defined in 20.11.20.7 NMAC shall pay the total fee due at the time the permit application is submitted to the department.B. The filing and review fee for a fugitive dust control construction permit for a project that is at least: (1) three-quarters of an acre or more, but less than 2 acres is $250.00;(2) 2 acres, but less than 5 acres is $350.00;(3) 5 acres, but less than 15 acres is $450.00; and(4) 15 acres or more is $550.00.C. To calculate the fugitive dust control construction permit inspection fee, (which is in addition to the filing and review fee required by Subsection B of 20.11.2.15 NMAC), multiply the acreage on which active operations or disturbance will occur by $115.00 per acre. The number of acres must be expressed as a whole number. When rounding, if the number after the decimal point is less than five, the whole number remains unchanged. If the number after the decimal point is five or greater, the whole number shall be rounded up to the next whole number. Rounding of acres shall occur before the fees are calculated.D. All filing and review fees, and inspection fees required by 20.11.2.15 NMAC for a fugitive dust control construction permit shall be paid as required by Subsections A, C, and D of 20.11.2.11 NMAC.E. If an application to obtain a fugitive dust control construction permit is submitted after active operations have commenced at the project location, a late fee of 50 percent of both the filing and review fee and the inspection fee shall be assessed to partially offset the additional related costs. In addition, penalties may be assessed pursuant to the New Mexico Air Quality Control Act, Chapter 74, Article 2 New Mexico Statutes Annotated 1978.F. An annual fee is not required for sources that are solely subject to a fugitive dust control construction permit.G. To calculate the fugitive dust control programmatic permit annual fee, multiply the acreage upon which routine maintenance or routine ongoing active operations will occur by the applicable emission control factor for a low impact source, moderate impact source, or high impact source as defined in Section 20.11.2.7 NMAC and then multiply by $127.00. A "source classification guidebook" is available through the department which includes nonbinding examples of how to classify a no impact source, low impact source, a moderate impact source and a high impact source. The number of acres must be expressed as a whole number. When rounding, if the number after the decimal point is less than five, the whole number remains unchanged. If the number after the decimal point is five or greater, the whole number shall be rounded up to the next whole number. Rounding of acres shall occur before the fees are calculated using the applicable emission control factor in Section 20.11.2.7 NMAC. No filing and review fee is required for a programmatic permit. The total annual programmatic permit fee is: (1) the fee calculated for any low impact source acres; plus(2) the fee calculated for any moderate impact source acres; plus(3) the fee calculated for any high impact source acres. However, the maximum combined fee shall not exceed $10,000.00.(4) No fee shall be paid for "no impact source" acreage.H. Example: The application for a programmatic permit includes a total of 20 acres, of which 2 acres are no impact source acres, 8 acres are low impact source acres, 5 acres are moderate impact source acres, and 5 acres are high impact source acres. To calculate the programmatic permit fee: 2 no impact source acres x 0 = 0 acres. 8 low impact source acres x 0.1 = 0.8 acre. 5 moderate impact acres x 0.5 = 2.5 acres. 5 high impact source acres x 0.9 = 4.5 acres. Therefore, 0 acres, plus 0.8 acre, plus 2.5 acres, plus 4.5 acres = a total of 7.8 acres. 7.8 acres x $127.00 per acre = a total programmatic permit fee of $991.00.I. When a programmatic permit application is submitted, the applicant may either ask the department to determine the annual fee to be paid by the applicant, or the applicant may submit a proposed annual fee calculation. No later than 10 business days after the department has received the programmatic permit application and the proposed fee calculation, the department shall notify the applicant in writing of the total fees due. The applicant and the department may agree in writing to extend the deadline for the department to issue the programmatic permit in order to attempt to resolve any pending issues, including any dispute over the source classification or fee calculation. A permit applicant may challenge the department's determination of source classification or annual programmatic fee calculation for a fugitive dust control permit by following the procedures provided in Section 20.11.20.25 NMAC.J. The annual term of each programmatic permit will be from July 1 through the following June 30. Annual programmatic permit fees shall be paid for each additional annual term and shall be calculated in the same manner as the annual fee that is paid for a programmatic permit, as provided in Subsection G of 20.11.2.15 NMAC.K. Annual fees required by Subsection J of 20.11.2.15 NMAC for a fugitive dust control programmatic permit shall be paid as required by Subsections B, D and E of Section 20.11.2.11 NMAC and Subsection J of 20.11.2.15 NMAC.L. Beginning January 1, 2011, and every January 1 thereafter, an increase based on the consumer price index shall be added to each fugitive dust fee. The fugitive dust fee required by Subsections C and G of 20.11.2.15 NMAC shall be increased by an amount equal to the change in the consumer price index for the immediately-preceding year. The applicable consumer price index is the all-urban consumer price index published by the United States department of labor. Fugitive dust fee adjustments equal to or greater than fifty cents ($0.50) shall be rounded up to the next highest whole dollar. Fugitive dust fee adjustment amounts less than fifty cents ($0.50) shall be rounded down to the next lowest whole dollar. The department shall post the fugitive dust fee rates on the city of Albuquerque environmental health department air quality division website.M. Demolition activities - fugitive dust control construction permit fee: Pursuant to 20.11.20.22 NMAC, no person shall demolish any building containing over 75,000 cubic feet of space without first submitting to the department a fugitive dust control construction permit application and fugitive dust control plan, accompanied by a filing and review fee that shall be the same as the filing and review fee required by Paragraph (1) of Subsection B of 20.11.2.15 NMAC, plus the fee charged for a 1-acre site as required by Subsection C of 20.11.2.15 NMAC. The total fugitive dust control construction fee shall be paid as required by Subsections D through F of 20.11.2.15 NMAC.N.M. Code R. § 20.11.2.15
20.11.2.15 NMAC - N, 7/1/2001; A, 3/1/04; A, 1/10/11