N.M. Code R. § 20.3.13.1310 – Conditions of Licenses

A. A license issued under this part (20.3.13 NMAC), or any right there under, may be transferred, assigned or in any manner disposed of, either voluntarily or involuntarily, directly or indirectly, through transfer of control of the license to any person, only if the department finds, after securing full information, that the transfer is in accordance with the provisions of the act and gives its consent, in writing, in the form of a license amendment.
B. The licensee shall submit written statements under oath upon request of the department at any time before termination of the license, to enable the department to determine whether the license should be modified, suspended or revoked.
C. The license will be terminated only on the full implementation of the final closure plan as approved by the department, including post-closure observation and maintenance.
D. The licensee shall be subject to the provisions of the act now or hereafter in effect, and to all rules, regulations, and orders of the board or department. The terms and conditions of the license are subject to amendment, revision or modification by reason of amendments to, or by reason of rules, regulations and orders issued in accordance with the terms of the act.
E. Each person licensed by the department pursuant to the regulations in this part (20.3.13 NMAC) shall confine possession and use of materials to the locations and purpose authorized in the license.
F. The licensee shall not dispose of waste until the department has inspected the land disposal facility and has found it to be in conformance with the description, design and construction in the application for a license.
G. The department may incorporate in any license at the time of issuance, or thereafter, by appropriate rule, regulation or order, additional requirements and conditions with respect to the licensee’s receipt, possession, and disposal of waste as it deems appropriate or necessary in order to:
(1) protect health or to minimize danger to life or property; and
(2) require reports and the keeping of records, and to provide for inspections of activities under the license that may be necessary or appropriate to effectuate the purposes of the act and regulations there under.
H. The authority to dispose of wastes expires on the date stated in the license. Any expiration date on a license applies only to the above ground activities and to the authority to dispose of waste. Failure to renew the license shall not relieve the licensee of responsibility for implementing site closure, post-closure observation and transfer of the license to the site owner.
I. Each licensee shall notify the department in writing immediately following the filing of a voluntary or involuntary petition for bankruptcy under any Chapter of Title 11 (bankruptcy) of the United States Code by or against:
(1) the licensee;
(2) an entity (as that term is defined in 11 U.S.C. 101(14)) controlling the licensee or listing the license or licensee as property of the estate; or
(3) an affiliate (as that term is defined in 11 U.S.C. 101(2)) of the licensee.
J. The notification specified in 20.3.13.1310 NMAC shall indicate the bankruptcy court in which the petition for bankruptcy was filed and the date of the filing of the petition.
[5-3-95; 20.3.13.1310 NMAC - Rn, 20 NMAC 3.1.13.1310, 04/15/2004]