Section 74-4G-3 - Definitions.
74-4G-3. Definitions.
As used in the Voluntary Remediation Act [74-4G-1 to 74-4G-12 NMSA 1978]:
A. "applicable standards" means federal, state or local standards, requirements, criteria or limitations that are legally applicable to the facility;
B. "applicant" means a person that elects to submit an application to participate and enter into an agreement under the Voluntary Remediation Act;
C. "contaminant" means the following substances within the jurisdiction of the department:
(1) solid waste;
(2) hazardous waste as defined in 20 NMAC 4.1.200;
(3) an RCRA hazardous waste constituent listed in Appendices VIII and IX in 20 NMAC 4.1.200;
(4) any substance that could alter, if discharged or spilled, the physical, chemical, biological or radiological qualities of water; or
(5) a hazardous substance, as defined by Section 101(14) of the federal Comprehensive Environmental Response, Compensation and Liability Act and 40 C.F.R. Part 302, Table 302.4;
D. "department" means the department of environment;
E. "enforcement action" means:
(1) a written notice from the department or other state agency that requires abatement of contamination under 20 NMAC 6.2;
(2) a written order from the department or other state agency that requires or involves the removal or remediation of contaminants;
(3) a judicial action by the department or other state agency seeking the abatement of contamination or the remediation of contaminants; or
(4) a notice, order or judicial action similar to those enumerated in Paragraphs (1) through (3) of this subsection, but initiated by the federal government;
F. "fraud" means the knowingly false representation, whether by words or conduct, and whether by inaccurate or misleading allegations or by concealment of that which should have been disclosed, that is intended to deceive or circumvent the intent of this statute;
G. "participant" means an applicant that has been approved by the department as eligible for and that signs and performs an agreement pursuant to the provisions of the Voluntary Remediation Act;
H. "person" means an individual or any other entity, including partnerships, corporations, associations, responsible business or association agents or officers, the state or a political subdivision of the state, or any agency, department or instrumentality of the United States and any of its officers, agents or employees;
I. "release" means any spilling, leaking, pumping, pouring, emitting, emptying, discharging, injecting, escaping, leaching, dumping or disposing into the environment, including abandonment or discarding of any contaminant;
J. "remediation" means:
(1) actions necessary to investigate, prevent, minimize or mitigate damages to the public health or to the environment that may otherwise result from a release or threat of release; and
(2) the cleanup or removal of released contaminants to conform with applicable standards;
K. "site" means a parcel of real property for which an application has been submitted pursuant to the provisions of Section 5 [74-4G-5 NMSA 1978] of the Voluntary Remediation Act; and
L. "voluntary remediation" means remediation taken under and in compliance with the Voluntary Remediation Act.