Solid waste facility permit; application; information required.

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A. Except as provided in Section 73 of the Solid Waste Act, no person shall construct, operate or close a solid waste facility without first obtaining a permit from the director for the described activity.

B. An application for a permit shall be in a form and contain the information required by the director, including all information necessary for the director to make a decision on the application pursuant to Section 24 [74-9-24 NMSA 1978] of the Solid Waste Act.

C. If at any time during the existence of a permit a change in the ownership or management of a nongovernmental permittee or of a person operating a permitted facility owned by a governmental entity occurs, the permittee or operator shall submit a complete description of the change to the director within thirty days of the date the change occurs. The permittee or operator shall also comply with all requirements of this section and Section 21 [74-9-21 NMSA 1978] of the Solid Waste Act.

History: Laws 1990, ch. 99, § 20.

ANNOTATIONS

Compiler's notes. — Laws 1990, ch. 99 enacted Sections 1 to 42 and 72 and 73, which constitute the Solid Waste Act. Section 73 was a savings clause that was not compiled.

Application sufficient. — The application in this case contained the necessary information, since neither the Act nor the regulations mandate that specific information about the liner and leachate collection system be contained in the application. Joab, Inc. v. Espinosa, 1993-NMCA-113, 116 N.M. 554, 865 P.2d 1198.


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