N.M. Code R. § 20.2.71.113

Current through Register Vol. 35, No. 11, June 11, 2024

Section 20.2.71.113 - FEE PAYMENT

A. Schedule.

(1) The department shall by April 1 of each year provide to each owner or operator subject to this part notification, which shall contain:

(a) the emissions fee based on the requirements of this part which is currently due; and

(b) a summary of the basis for the required fee.

(2) Upon discovery of an error in any past notification of emissions fees due, the department shall promptly notify the owner or operator and provide credit for overcharges or require payment for undercharges.

(3) Each owner or operator shall pay by June 1 the emissions fee contained in the department's notification required under Paragraph (1) of Subsection A of Section 20.2.71.113 NMAC.

(4) Each owner or operator shall pay invoices based on notices of errors in past notifications within 60 days of the invoice date.

(5) The department shall commence invoicing for fees for emissions above annual allowable emission limits reported by the method specified by the department in calendar year 2007.

B. Payment.

(1) Fees shall be remitted in the form of a certified check or money order made payable to the environment department and submitted to the air quality bureau at the address specified in the notice.

(2) Upon receipt of the check or money order, it shall be deposited in the state air quality permit fund.

C. Nonpayment. Failure to remit the full fee required by the due date specified in this section is a violation of this part and may subject the owner or operator to:

(1) civil penalties for each day of noncompliance as provided for in the New Mexico Air Quality Control Act, section 74-2-12.1, NMSA 1978;

(2) the enforcement provisions of the New Mexico Air Quality Control Act, section 74-2-12, NMSA 1978, which includes suspension or revocation of any permit.

N.M. Code R. § 20.2.71.113

11/30/95; 20.2.71.113 NMAC - Rn, 20 NMAC 2.71.113 10/31/02; A, 12/15/04