20.9.5.16

RECORD KEEPING AND ANNUAL REPORTS.

1. A. Owners and operators of solid waste facilities shall make and maintain an operating record during the active life of the facility, for each day that operations, monitoring, or closure occurs, including:

   (1) the type (including special waste) and weight or volume of each load of solid waste received;

   (2) the country (if other than the United States), state, county, and municipality in which the solid waste originated (i.e. the origin);

   (3) the business name of any commercial hauler of solid waste for each load of the solid waste if it can be reasonably obtained;

   (4) type and weight or volume of non-solid waste materials, as referenced in Paragraph (9) of Subsection S of 20.9.2.7 NMAC, received;

   (5) a record of load inspections, including:

   (a) date and time of inspection;

   (b) business name of the commercial hauler and driver name;

   (c) vehicle license number and description;

   (d) origin of the waste; and

   (e) any pertinent observations made during the inspection;

   (6) a description of solid waste or special waste handling problems or emergency disposal activities;

   (7) a record of deviations from the approved design or operational plans;

   (8) for a transfer station, the origin of and destination of the solid waste if transported out of state;

   (9) all monitoring and testing results;

   (10) plans for operations, contingencies, detection and identification of unauthorized waste, and any other plans required by 20.9.2 - 20.9.10 NMAC;

   (11) documentation of the implementation of required plans;

   (12) copies of special waste manifests required under 20.9.8.19 NMAC;

   (13) copies of certificates of processing, transformation, or disposal of special wastes required under 20.9.8.13 NMAC;

   (14) financial assurance information, including a copy of the current standby trust document, current estimates for closure, post-closure care, phase I and phase II assessments and a copy of the financial assurance mechanism being utilized;

   (15) a complete and current copy of the facility permit, final order issuing the permit, and any approvals granted by the secretary under 20.9.2 - 20.9.10 NMAC;

   (16) a daily log of construction activities; and

   (17) for landfills, any demonstration made to the secretary under Paragraphs (12) and (13) of Subsection A of 20.9.4.9 NMAC regarding seismic impact areas and unstable areas.

2. B. A copy of the operating record for the current month and the previous twelve months, at a minimum, shall be kept on site, unless the facility no longer accepts solid waste, after which time it shall be kept in a place where is can be made available to the department.

3. C. Owners and operators of solid waste facilities shall make and maintain an operating record during the post-closure period of the facility for each day that monitoring, corrective action, or other post-closure activity occurs, including:

   (1) a record of any deviations from the approved post-closure care plan;

   (2) all monitoring and testing results;

   (3) documentation of the implementation of required plans and any exceptions to those plans;

   (4) financial assurance information, including current estimates for closure, post-closure care, phase I and phase II assessments and a copy of the financial assurance mechanism being utilized;

   (5) a complete and current copy of the facility permit, final order issuing the permit, and any approvals granted by the secretary under 20.9.2 - 20.9.10 NMAC; and

   (6) any other information specifically required by the secretary.

4. D. Owners or operators of solid waste facilities shall submit an annual report to the department for each facility or operation, 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 waste materials received each month and the country (if other than the U.S.), state, county, and municipality in which the waste originated;

   (2) the type and weight or volume of solid waste received from each commercial hauler that delivered waste to the facility;

   (3) for a landfill, a description of the capacity used in the previous year and the remaining capacity;

   (4) for a landfill, a description of the acreage used for disposal, the acreage seeded, the acreage where vegetation is permanently established and a description of the progress in implementing the closure plan;

   (5) the weight or volume of each type of special waste received at the solid waste facility in the previous year;

   (6) a summary of all monitoring results (not including the results required under 20.9.9.10 NMAC);

   (7) written notice to the secretary if any change in operation has occurred that will reduce the active life of the facility by 25 percent or more;

   (8) type and weight or volume of materials recycled during the year;

   (9) final disposition of materials not stored or recycled;

   (10) amount of leachate generated and treated or recirculated;

   (11) an annual financial assurance certification on forms supplied by the department;

   (12) the latitude and longitude of the geographical center of the existing or proposed facility (as approved by the department) in NAD-83 or equivalent; and

   (13) any other information requested by the secretary.

5. E. All records and plans required by 20.9.2 - 20.9.10 NMAC shall be furnished upon request and made available at all reasonable times for inspection by the secretary.

6. F. Operating records and copies of annual reports for solid waste facilities shall be retained by the owner or operator through the post-closure period.

   HISTORY OF 20.9.5 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 8/2/2007.

   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.

   Those applicable portions of 20 NMAC 9.1, Subpart I, General Provisions; Subpart IV, Solid Waste Facility Operation Requirements; and Subpart VIII, Ground Water Monitoring - Corrective Action - Contingency Plan, all (filed 10/27/95), were renumbered, reformatted and replaced by 20.9.5 NMAC, Solid Waste Facility and Commercial Haulers Operating Requirements, effective 8/2/2007.

[20.9.5.16 NMAC - Rp, 20 NMAC 9.1.I.109, 8/2/2007]