N.M. Code R. § 20.11.2.15 Fees For Fugitive Dust Control Permits and Inspections; Fee Calculations and Procedures

• Library: New Mexico Administrative Code
• Edition: 2023
• Currency: Current through Register Vol. 34, No. 24, December 19, 2023
• Citation: N.M. Code R. § 20.11.2.15
• Year: 2023

A. Every person required to submit a permit application for a fugitive dust control construction permit as defined in 20.11.20.7 NMAC shall pay the total fee due at the time the permit application is submitted to the department.

B. The filing and review fee for a fugitive dust control construction permit for a project that is at least:

(1) three-quarters of an acre or more, but less than 2 acres is $250.00;

(2) 2 acres, but less than 5 acres is $350.00;

(3) 5 acres, but less than 15 acres is $450.00; and

(4) 15 acres or more is $550.00.

C. To calculate the fugitive dust control construction permit inspection fee, (which is in addition to the filing and review fee required by Subsection B of 20.11.2.15 NMAC), multiply the acreage on which active operations or disturbance will occur by $115.00 per acre. The number of acres must be expressed as a whole number. When rounding, if the number after the decimal point is less than five, the whole number remains unchanged. If the number after the decimal point is five or greater, the whole number shall be rounded up to the next whole number. Rounding of acres shall occur before the fees are calculated.

D. All filing and review fees, and inspection fees required by 20.11.2.15 NMAC for a fugitive dust control construction permit shall be paid as required by Subsections A, C, and D of 20.11.2.11 NMAC.

E. If an application to obtain a fugitive dust control construction permit is submitted after active operations have commenced at the project location, a late fee of 50 percent of both the filing and review fee and the inspection fee shall be assessed to partially offset the additional related costs. In addition, penalties may be assessed pursuant to the New Mexico Air Quality Control Act, Chapter 74, Article 2 New Mexico Statutes Annotated 1978.

F. An annual fee is not required for sources that are solely subject to a fugitive dust control construction permit.

G. To calculate the fugitive dust control programmatic permit annual fee, multiply the acreage upon which routine maintenance or routine ongoing active operations will occur by the applicable emission control factor for a low impact source, moderate impact source, or high impact source as defined in Section 20.11.2.7 NMAC and then multiply by $127.00. A "source classification guidebook" is available...