N.M. Admin. Code § 20.5.121.2102

Current through Register Vol. 35, No. 24, December 23, 2024

Section 20.5.121.2102 - CORRECTIVE ACTION BY THE DEPARTMENT - INFORMATION REQUIRED

A. When the department determines that the owners and operators are unknown, unable or unwilling to take corrective action as described in 20.5.121.2101 NMAC, or when the department determines that a single entity is necessary to lead the corrective action, the department may designate the site as a state-lead site and take corrective action using the fund.

B. To make a determination that the owner and operator are unknown, the department shall, as appropriate:

(1) investigate site specifics;

(2) ascertain the current status and past history of the tanks at the site and determine the compliance status of the tanks; and

(3) review and document search results of all additional reasonably available records.

C. To make a determination that the owner and operator are unable to take corrective action, the department shall, as appropriate:

(1) investigate site specifics;

(2) ascertain the current status and past history of the tanks at the site and determine the compliance status of the tanks;

(3) request and review the owner's and operator's documentation of mental or physical inability, including but not limited to physician statements and court orders;

(4) request and review the owner's and operator's financial records for the past two years, including but not limited to federal tax returns, and evaluate the owner's and operator's ability to pay, based on anticipated costs of remediation; and

(5) review and document search results of all additional reasonably available records.

D. To make a determination that the owner and operator are unwilling to take corrective action, the department shall, as appropriate:

(1) investigate site specifics;

(2) ascertain the liable owner and operator and identify any other owner and operator that may be liable;

(3) review and document search results of all additional reasonably available records; and

(4) send a notice of violation, return receipt requested, to the appropriate owner and operator.

E. To make a determination that a single entity is necessary to lead the corrective action, or in the case of danger to human health and the environment, the department shall, as appropriate:

(1) investigate site specifics;

(2) ascertain the current status and past history of the tanks at the site and determine the compliance status of the tanks; and

(3) review and document search results of all additional reasonably available records.

N.M. Admin. Code § 20.5.121.2102

Adopted by New Mexico Register, Volume XXIX, Issue 14, July 24, 2018, eff. 7/24/2018