20.9.4.17

RESEARCH, DEVELOPMENT, AND DEMONSTRATION PERMITS.

1. A. The secretary may issue a research, development, and demonstration permit in conjunction with a new solid waste facility permit for a municipal or special waste landfill, or as a permit modification for an already permitted municipal or special waste landfill, under the following conditions:

   (1) the owner or operator proposes to utilize innovative and new methods which vary from either or both of the following criteria:

   (a) the run-on control systems required by Subsection E of 20.9.5.9 NMAC; and

   (b) if sludge is used, the liquids restrictions in Paragraph (9) of Subsection A of 20.9.2.10 NMAC and 20.9.8.16 NMAC;

   (2) the landfill has a leachate collection system designed and constructed to maintain less than a one foot depth of leachate on the liner; and

   (3) the landfill is not operating under an exemption set forth in 20.9.2.14 NMAC.

2. B. The following requirements shall apply to any landfill that is issued a research, development, and demonstration permit under Subsection A of this section:

   (1) the liquids to be used at the landfill shall be pre-approved by the department in accordance with Paragraph (9) of Subsection A of 20.9.2.10 NMAC and 20.9.8.16 NMAC;

   (2) the landfill shall install a landfill gas collection and control system in accordance with emission control requirements as specified in 40 CFR Part 60; and

   (3) the fluids to be used at the landfill shall be pre-approved by the department.

3. C. The secretary may issue a research, development, and demonstration permit for a permitted landfill for which the owner or operator proposes to utilize innovative and new methods which vary from the final cover criteria of Subparagraphs (b) and (c) of Paragraph (1) of Subsection A of 20.9.6.9 NMAC or Subparagraph (a) of Paragraph (2) of Subsection A of 20.9.6.9 NMAC provided the landfill owner or operator demonstrates that the infiltration of liquid through the alternative cover system will not cause contamination of ground water or surface water, or cause leachate depth on the liner to exceed one foot.

4. D. Any permit issued under Subsection C of this section shall include terms and conditions at least as protective as the criteria for municipal solid waste landfills to assure protection of human health and the environment. Such permits shall:

   (1) provide for the construction and operation of such facilities as necessary, for not longer than two and one-half years, unless renewed as provided in Subsection F of this section;

   (2) provide that the landfill must receive only those types and quantities of municipal solid waste and non-hazardous wastes which the secretary deems appropriate for the purposes of determining the efficacy and performance capabilities of the technology or process;

   (3) include such requirements as necessary to protect human health and the environment, including such requirements as necessary for testing and providing information to the secretary with respect to the operation of the facility;

   (4) require the owner or operator of a landfill permitted under this section to submit an annual report to the secretary showing whether and to what extent the site is progressing in attaining project goals; the report shall also include a summary of all monitoring and testing results, as well as any other operating information specified by the secretary in the permit; and

   (5) require compliance with all criteria in 20.9.2 - 20.9.10 NMAC, except as permitted under this section.

5. E. The secretary may order an immediate termination of all operations at the facility allowed under this section or other corrective measures at any time the secretary determines that imminent danger exists to human health or the environment. The owner or operator 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.

6. F. Any permit issued under this section shall not exceed two and one-half years and each renewal of a permit shall not exceed two and one-half years.

   (1) The total term for a permit for a project including renewals shall not exceed twelve years.

   (2) During permit renewal, the applicant shall provide a detailed assessment of the project showing the status with respect to achieving project goals, a list of problems and status with respect to problem resolutions, and any other information requested by the secretary.

   HISTORY OF 20.9.4 NMAC:

   Pre-NMAC History: The material in this part was derived from that previously filed with the commission of public records - state records center.

   EIB 74-1, Solid Waste Management Regulations, filed 5/3/74.

   EIB/SWMR-2, Solid Waste Management Regulations, filed 4/14/89.

   EIB/SWMR-3, Solid Waste Management Regulations, filed 12/31/91.

   EIB/SWMR-4, Solid Waste Management Regulations, filed 7/18/94.

   History of Repealed Material: 20 NMAC 9.1, Solid Waste Management Regulations (filed 10/27/95) repealed 08/02/07.

   Other History:

   EIB/SWMR-4, Solid Waste Management Regulations (filed 7/18/94) was renumbered into first version of the New Mexico Administrative Code as 20 NMAC 9.1, Solid Waste Management Regulations, effective 11/30/95.

   That pertinent portion of 20 NMAC 9.1, Subpart III, Solid Waste Management Regulations, Maximum Size, Siting Criteria; Design Criteria, (filed 10/27/95), was renumbered, reformatted and replaced by 20.9.4 NMAC, Solid Waste and Registered Facility Maximum Size, Siting Criteria, and Design Criteria, effective 08/02/07.

[20.9.4.17 NMAC - N, 08/02/07]