N.M. Code R. § 20.11.2.14 Filing Fees For Removal of Regulated Asbestos Containing Material; 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. § 20.11.2.14
• Year: 2023

A. A filing fee of $21.00 per asbestos unit (AU), adjusted as required by Subsection D of 20.11.2.14 NMAC, shall be paid at the time notification is delivered to the department as required by 20.11.64 NMAC, Emission Standards for Hazardous Air Pollutants for Stationary Sources.

B. The filing fee shall be calculated by multiplying the total number of asbestos units proposed to be removed, by the fee per asbestos unit (AU) provided in Subsection A of 20.11.2.14 NMAC. Equation 1 at Paragraph (1) of Subsection B of 20.11.2.14 NMAC shall be used to calculate the total asbestos units (AU) removed and filing fee amount due at the time the notification is delivered to the department:

(1) Equation 1: Amount due at time of filing = AU x AU fee = [(SF / 160) + (LF / 260) + (CF / 35)] x AU fee; where: SF = square feet of asbestos containing material to be removed; LF = linear feet of asbestos containing material to be removed; CF = cubic feet of asbestos containing material to be removed; and AU fee = filing fee per asbestos unit.

(2) Example: A contractor proposes to remove 320 square feet (SF), 260 linear feet (LF) and 70 cubic feet (CF) of regulated asbestos containing material. Therefore, [(SF / 160) + (LF / 260) + (CF / 35)] x AU fee = [(320 / 160) + (260 / 260) + (70 / 35)] x $21.00 = [(2) + (1) + (2)] x $21.00 = 5 x $21.00 = $105.00

C. All fees due pursuant to Section 20.11.2.14 NMAC shall be paid as required by Subsections A, C, and D, of 20.11.2.11 NMAC, except that the word "applicant" shall be substituted for the phrase "owner/operator".

D. Beginning January 1, 2011, and every January 1 thereafter, an increase based on the consumer price index shall be added to the asbestos unit fee. The asbestos unit fee established in Subsection A of 20.11.2.14 NMAC shall be adjusted by an amount equal to the increase in the consumer price index for the immediately-preceding year. The...