N.M. Admin. Code § 20.9.3.27

Current through Register Vol. 35, No. 20, October 22, 2024

Section 20.9.3.27 - REGISTRATION OF RECYCLING AND COMPOSTING FACILITIES THAT ACCEPT ONLY SOURCE SEPARATED RECYCLABLE OR COMPOSTABLE MATERIALS, COLLECTION CENTERS AND AIR CURTAIN INCINERATORS AND LAW ENFORCEMENT PHARMACEUTICAL INCINERATORS

A. The owner or operator of the following facilities shall file an application for a registration at least 30 days prior to any operations and every five years thereafter. Existing facilities of the type listed below shall apply for a registration at least 30 days prior to the expiration of their existing permit or registration, or within two years after the effective date of these regulations, whichever occurs first. Facilities covered by this section that do not timely file a complete application for registration are hereby deemed unpermitted solid waste facilities, and the owner or operator may be subject to penalties, permit requirements and nuisance abatement orders. Facilities required to register are:

(1) recycling facilities that accept only source separated recyclable materials;

(2) composting facilities that accept only source separated compostable materials;

(3) collection centers;

(4) small animal crematoria;

(5) air curtain incinerators; and

(6) law enforcement pharmaceutical incinerators.

B. Registration is not required for a recycling facility that accepts only source separated recyclable materials and accepts the recyclables for less than seven days in any calendar year.

C. Registration is not required for collection facilities that are part of a commercial hauler operation, that have an operational rate of less than 240 cubic yards per day monthly average, and that do not serve the general public, but such facilities shall be included in the registration of the commercial hauler under Paragraph (10) of Subsection A of 20.9.3.31 NMAC.

D. Any person who is required to register under this section with the department shall provide the following information:

(1) the name, address, and telephone number of the business, owner, operator and contact person;

(2) the anticipated start up date (unless it is an existing operation);

(3) a legal description, and map of the proposed facility site, including land use and zoning of the site and surrounding area, including setbacks;

(4) a description of means that will be used to prevent the facility from becoming a public nuisance, including:

(a) signs to indicate the location of the site, the hours of operation, emergency telephone numbers, delivery instructions, and that fires and scavenging are prohibited;

(b) storage containers that are leak-proof and manufactured of non-biodegradable material;

(c) means to control litter and prevent and extinguish fires;

(d) conducting any recycling operations in a safe and sanitary manner;

(e) storing any recyclable materials in a manner that does not create a nuisance, harbor vectors, or create a public health hazard;

(f) providing sufficient unloading areas to meet peak demands;

(g) for collection centers, providing separate storage areas for bulky wastes, such as brush, white goods, appliances and scrap tires, and removing the bulky wastes at a frequency approved in the registration;

(h) for collection centers, confining unloading of solid waste to as small an area as possible;

(i) for collection centers, removal of solid waste from the center at the end of the operating day unless otherwise approved in the registration;

(j) a means of controlling access to the facility;

(k) a means of controlling and mitigating noise and odors;

(l) operating plans for the facility, including, but not limited to, the origin, expected composition and weight or volume of materials to be composted or recycled or incinerated, the process, loading rate, proposed capacity, size and operational rate, and the expected disposition rate of the recyclables, compost, ash or waste from the facility;

(m) for composting facilities that accept sewage sludge, a plan showing testing methods and procedures for compliance with 40 CFR 503 and 20.6.2 NMAC;

(n) for composting facilities, a demonstration that a groundwater discharge permit has been applied for, if applicable;

(o) for air curtain incinerators, a copy of the air quality permit, registration or notice of intent filed with the air quality bureau;

(p) for air curtain incinerators, a designation of the intended recipient of ash waste; and

(q) any additional information requested by the secretary.

E. The owner or operator shall comply with the terms of its approved registration.

F. A violation of the terms of an approved registration may be deemed to be a public nuisance or the facility may be deemed to be an unpermitted solid waste facility subject to enforcement orders under the Solid Waste Act.

G. The owner or operator of a facility required to be registered under this section shall update its registration to reflect any material change in its operations.

H. The owner or operator of a recycling facility, composting facility, collection center, small animal crematorium, an air curtain incinerator, or a law enforcement pharmaceutical incinerator shall not create a public nuisance. Failure to comply with the terms of the registration may be deemed a public nuisance. If the secretary determines, based on the information submitted with the registration or based upon any other information that the facility will be or has become a public nuisance, or that a facility covered by this section is in violation of the Solid Waste Act or 20.9.2 - 20.9.10 NMAC, the secretary may deny the registration, issue an order requiring the owner or operator to abate the public nuisance, or may issue any other order pursuant to the Solid Waste Act or 20.9.2 - 20.9.10 NMAC, or any combination thereof. The owner or operator or other affected person may appeal the secretary's order by filing a request for hearing within 30 days of the date of the secretary's order. The appeal shall be conducted in accordance with the procedures in 20.1.5 NMAC, Adjudicatory Procedures- Environment Department.

I. The owner or operator of every recycling facility and composting facility shall have a certified operator or representative present at all times while the facility is being operated.

J. The owner or operator of a recycling facility or composting facility that accepts only source separated recyclable or compostable material shall submit an annual report to the department within 45 days from the end of each calendar year, describing the operations of the past year. The reports must be certified as true and accurate by the owner or operator and shall include:

(1) the type and weight or volume of recyclable material received during the year;

(2) the type and weight or volume of recyclable material sold or otherwise disposed off site during the year;

(3) final disposition of material sold or otherwise disposed off-site; and

(4) any other information requested by the secretary.

K. The owner or operator of a recycling facility, composting facility or collection center that conducts a tire recycling operation shall comply with the applicable operating procedures required by 20.9.20 NMAC.

L. The owners or operators of law enforcement pharmaceutical incinerators shall utilize one of the following types of incinerators:

(1) a high temperature incinerator such as cement kilns (furnaces that operate in the range of 1000° C - 2000° C) used for the destruction of hazardous waste;

(2) a two-chamber incinerator that operates at a minimum temperature of 850° C, with a combustion time of at least two seconds in the second chamber; or

(3) an alternative incinerator at least as protective as any of the incinerators as described in paragraphs (1) and (2) of this subsection and approved by the department.

M. The owners and operators of law enforcement pharmaceutical incinerators shall retain on file incinerator specifications, including an operation and maintenance manual, temperatures reached, controls, retention time, pollution control equipment, maintenance requirements, and process efficiency.

N. The owners and operators of law enforcement pharmaceutical incinerators shall retain on file a plan that addresses the storage, transport, and disposal of the incinerator ash and encapsulated pharmaceutical waste. Owners and operators of law enforcement pharmaceutical incinerators may store ash for up to 12 months before disposal.

O. The design and operation of a law enforcement pharmaceutical incinerator shall conform to all applicable codes and standards including, but not limited to, the American national standards institute, local zoning, and the building code requirements for the city, county or municipality in which the facility is located.

P. Plastic containers, infectious waste, and syringes and needles shall not be burned in a law enforcement pharmaceutical incinerator.

Q. The owners and operators of law enforcement pharmaceutical incinerators shall submit a summary describing the household pharmaceutical waste collections to the department within 7 calendar days of a limited-duration event or 45 days from the end of each calendar year for an on-going program. The reports shall include:

(1) the weight or volume of household pharmaceutical wastes received during the limited-duration event or program year;

(2) the weight or volume of household pharmaceutical wastes received during the limited-duration event or program year by disposal method, including incineration or disposal at a permitted landfill, processing facility or hazardous waste facility, and the weight or volume of ash generated and disposed of; and

(3) final disposal destinations of any household pharmaceutical wastes and ash disposed of off-site.

N.M. Admin. Code § 20.9.3.27

20.9.3.27 NMAC - Rp, 20 NMAC 9.1.II.213, 08/02/07; A, 07/30/11