reglab/statecodes huggingface dataset:
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 5 - PETROLEUM STORAGE TANKS › Part 119 - CORRECTIVE ACTION FOR STORAGE TANK SYSTEMS CONTAINING PETROLEUM PRODUCTS › Section 20.5.119.1927 - ANNUAL EVALUATION OF REMEDIATION

Current through Register Vol. 35, No. 13, July 16, 2024
A. Owners and operators shall evaluate the
				effectiveness of the approach to remediation at the end of each year of
				operation and submit the evaluation to the department for review.
B. When the department determines that the
				approach to remediation is not effectively remediating contamination according
				to the identified risks to public health, safety and welfare and the
				environment, owners and operators shall propose an alternative approach or
				change in the existing remediation plan within 30 days of the department's
				determination of ineffectiveness. Within 30 days of the department's approval,
				owners and operators shall implement the approved changes.
C. After implementation of any modification,
				owners and operators shall repeat annually the evaluation process described in
				this section until monitoring to verify completion of remediation in accordance
				with 20.5.119.1929 NMAC commences.
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 5 - PETROLEUM STORAGE TANKS › Part 119 - CORRECTIVE ACTION FOR STORAGE TANK SYSTEMS CONTAINING PETROLEUM PRODUCTS › Section 20.5.119.1928 - MODIFICATION OF FINAL REMEDIATION PLAN

Current through Register Vol. 35, No. 13, July 16, 2024
A. Owners and operators may petition the
				department to approve a modification of the final remediation plan for good
				cause.
B. The department may modify
				a final remediation plan only if it complies with applicable regulations,
				provides adequate protection of public health, safety and welfare and the
				environment, and the owner and operator comply with the public notice
				requirements of 20.5.119.1923 NMAC.
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 5 - PETROLEUM STORAGE TANKS › Part 119 - CORRECTIVE ACTION FOR STORAGE TANK SYSTEMS CONTAINING PETROLEUM PRODUCTS › Section 20.5.119.1929 - COMPLETION OF REMEDIATION

Current through Register Vol. 35, No. 13, July 16, 2024
A. The
				department shall consider remediation complete when all of the following
				criteria are met:
(1) no layer of NAPL
				greater than one-eighth inch in thickness is present on the water table or in
				any of the wells;
(2) the EIB
				standard of 0.1 mg/L for methyl tertiary butyl ether (MTBE) has been met in
				groundwater and surface water;
(3)
				all applicable site-specific target levels or risk-based screening levels in
				soil and WQCC and EIB standards in groundwater have been achieved;
(a) all electrical and mechanical components
				of the remediation system shall remain shut down during the monitoring period
				described in this subsection;
(b)
				the department shall approve the designation of certain monitoring wells as
				compliance wells; the applicable standards shall be achieved concurrently at
				all compliance wells for at least eight consecutive quarters unless otherwise
				as approved by the department; and
(c) for verification of remediation of soil
				to target concentrations, owners and operators shall install at least four soil
				borings, at least three of which are distributed throughout the previously most
				contaminated portion of the vadose zone, as approved by the
				department;
(4)
				corrective action requirements for total petroleum hydrocarbons determined in
				accordance with 20.5.119.1914 NMAC have been met; and
(5) any other conditions which threatened
				public health, safety and welfare or the environment have been abated or
				remediated.
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 5 - PETROLEUM STORAGE TANKS › Part 119 - CORRECTIVE ACTION FOR STORAGE TANK SYSTEMS CONTAINING PETROLEUM PRODUCTS › Section 20.5.119.1930 - NO FURTHER ACTION DETERMINATION

Current through Register Vol. 35, No. 13, July 16, 2024
A.
				A no further action determination is a technical determination issued by the
				department that documents that the owner or operator of a site has met all
				applicable WQCC and EIB remediation standards and that no contaminant will
				present a significant risk of harm to public health, safety and welfare and the
				environment.
B. Any owner or
				operator may request that the department evaluate a site for a no further
				action determination by submitting a written request to the department. The
				request shall include the following, if requested by the department:
(1) description of the site including a
				historical overview and generalized description of businesses, structures,
				vegetation, other prominent features, and location of the site;
(2) surveyed plat of the site, site map with
				legal description, or both;
(3)
				completed current environmental conditions table listing all areas of
				environmental concern on the site subject to remediation; the table shall
				include the following information about each area of environmental concern:
(a) remedial action taken, date, regulatory
				agency;
(b) residual contaminants
				of concern;
(c) clean-up status;
				and
(d) clean-up standards for
				contaminants of concern;
(4) chronology of events for each area
				investigated or remediated; and
(5)
				other relevant documents, as requested by the department.
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 5 - PETROLEUM STORAGE TANKS › Part 119 - CORRECTIVE ACTION FOR STORAGE TANK SYSTEMS CONTAINING PETROLEUM PRODUCTS › Section 20.5.119.1931 - REQUEST FOR EXTENSION OF TIME

Current through Register Vol. 35, No. 13, July 16, 2024
A.
				For good cause shown, the department may extend the time for complying with any
				deadline set forth in this part. The request shall specify the reason for the
				request, all actions taken to comply with the deadline and the period of time
				for which the extension is requested.
B. The department shall not grant an
				extension for more than 30 days at a time unless the department determines
				additional time is warranted. The department may place conditions on the
				extension.
C. Lack of diligence or
				failure of owners and operators to comply with these regulations shall be
				grounds for denying a request for an extension of time.
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 5 - PETROLEUM STORAGE TANKS › Part 119 - CORRECTIVE ACTION FOR STORAGE TANK SYSTEMS CONTAINING PETROLEUM PRODUCTS › Section 20.5.119.1932 - RECORDKEEPING AND RETENTION

Current through Register Vol. 35, No. 13, July 16, 2024
A.
				Owners and operators of petroleum storage tanks where a release has occurred
				shall retain records documenting compliance with all applicable requirements of
				20.5.119 NMAC. If the owner and operator of a petroleum storage tank are
				separate persons, only one person is required to maintain the records required
				by this section however both parties are liable in the event of
				non-compliance.
B. Records to be
				maintained shall include, but not be limited to:
(1) 72-hour report;
(2) 14-day report;
(3) NAPL Assessment report;
(4) interim removal of contaminated soil
				report;
(5) minimum site
				assessment, preliminary investigation report;
(6) secondary investigation report;
(7) soil-only contamination assessment
				report;
(8) petroleum vapor
				intrusion assessment report;
(9)
				final remediation plan;
(10)
				groundwater monitoring reports;
(11) operation and maintenance
				reports.
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 5 - PETROLEUM STORAGE TANKS › Part 119 - CORRECTIVE ACTION FOR STORAGE TANK SYSTEMS CONTAINING PETROLEUM PRODUCTS › Section 20.5.119.1933 - REPORTING

Current through Register Vol. 35, No. 13, July 16, 2024
A. Owners and
				operators shall provide to the department all reports as required in 20.5.119
				NMAC in accordance with the timeline or deadlines set forth as stated in
				20.5.119.1900 NMAC.
B. Owners and
				operators shall ensure all reports, plans and requests required in 20.5.119
				NMAC contain at a minimum, in addition to the requirements set forth in
				20.5.119.1902, 20.5.119.1903, 20.5.119.1905, 20.5.119.1906, 20.5.119.1909,
				20.5.119.1911, 20.5.119.1912, 20.5.119.1913, 20.5.119.1915, 20.5.119.1918,
				20.5.119.1922, 20.5.119.1923, 20.5.119.1926, 20.5.119.1927, 20.5.119.1930 and
				20.5.119.1931 NMAC:
(1) release name and
				address;
(2) facility
				identification and release identification numbers;
(3) workplan and deliverable identification
				numbers as applicable;
(4) owner
				and operator name and address, and
(5) date report was
				completed.
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 5 - PETROLEUM STORAGE TANKS › Part 120 - CORRECTIVE ACTION FOR UST SYSTEMS CONTAINING OTHER REGULATED SUBSTANCES › Section 20.5.120.2 - SCOPE

Current through Register Vol. 35, No. 13, July 16, 2024
This part applies to owners and operators of hazardous
				  substance UST systems as defined in 20.5.101 NMAC. If the owner and operator of
				  an UST system are separate persons, only one person is required to comply with
				  the requirements of this part, including any notice and reporting requirements;
				  however, both parties are liable in the event of
				  noncompliance.
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 5 - PETROLEUM STORAGE TANKS › Part 120 - CORRECTIVE ACTION FOR UST SYSTEMS CONTAINING OTHER REGULATED SUBSTANCES › Section 20.5.120.3 - STATUTORY AUTHORITY

Current through Register Vol. 35, No. 13, July 16, 2024
This part is promulgated pursuant to the provisions of the
				  Hazardous Waste Act, Sections
				  74-4-1
				  through
				  74-4-14
				  NMSA 1978; the Ground Water Protection Act, Sections
				  74-6B-1
				  through
				  74-6B-14
				  NMSA 1978; the Water Quality Act, Sections
				  74-6-1
				  through
				  74-6-17
				  NMSA 1978; and the general provisions of the Environmental Improvement Act,
				  Sections
				  74-1-1
				  through
				  74-1-17
				  NMSA 1978.
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 5 - PETROLEUM STORAGE TANKS › Part 120 - CORRECTIVE ACTION FOR UST SYSTEMS CONTAINING OTHER REGULATED SUBSTANCES › Section 20.5.120.5 - EFFECTIVE DATE

Current through Register Vol. 35, No. 13, July 16, 2024
July 24, 2018, unless a later date is indicated in the
				  bracketed history note at the end of a section.
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 5 - PETROLEUM STORAGE TANKS › Part 120 - CORRECTIVE ACTION FOR UST SYSTEMS CONTAINING OTHER REGULATED SUBSTANCES › Section 20.5.120.6 - OBJECTIVE

Current through Register Vol. 35, No. 13, July 16, 2024
The purpose of this part is to provide for corrective action
				  at sites contaminated by releases from hazardous substance UST systems and to
				  protect the public health, safety and welfare and the environment of the
				  state.
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 5 - PETROLEUM STORAGE TANKS › Part 120 - CORRECTIVE ACTION FOR UST SYSTEMS CONTAINING OTHER REGULATED SUBSTANCES › Section 20.5.120.7 - DEFINITIONS

Current through Register Vol. 35, No. 13, July 16, 2024
The definitions in 20.5.101 NMAC apply to this
				  part.
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 5 - PETROLEUM STORAGE TANKS › Part 120 - CORRECTIVE ACTION FOR UST SYSTEMS CONTAINING OTHER REGULATED SUBSTANCES › Section 20.5.120.2000 - GENERAL

Current through Register Vol. 35, No. 13, July 16, 2024
A. Owners and
				operators of hazardous substance UST systems shall take corrective action to
				address all releases, including such action as collection and analysis of
				relevant site-specific data, soil remediation, groundwater and surface water
				remediation and any other appropriate actions pursuant to this part, in a
				manner protective of public health, safety and welfare and the
				environment.
B. Upon confirmation
				of a release pursuant to 20.5.118.1802 NMAC or identification and reporting of
				a release in any other manner, owners and operators of hazardous substance UST
				systems shall comply with the requirements of this part if the release:
(1) is of unknown volume or is greater in
				volume than the reportable quantity under 40 C.F.R. Part 302; or
(2) is of any size and the owner or operator
				is directed by the department to comply with this part.
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 5 - PETROLEUM STORAGE TANKS › Part 120 - CORRECTIVE ACTION FOR UST SYSTEMS CONTAINING OTHER REGULATED SUBSTANCES › Section 20.5.120.2001 - MINIMUM SITE ASSESSMENT, INITIAL RESPONSE

Current through Register Vol. 35, No. 13, July 16, 2024
A. Upon discovery or confirmation of a
				release, owners and operators of the UST system shall immediately prevent any
				further release from the UST system by whatever means necessary, including
				removing product from the UST system or any part of the UST system that is
				known to leak or is suspected of leaking. If necessary, owners and operators
				shall remove the UST system from service in accordance with 20.5.115
				NMAC.
B. Owners and operators shall
				inform the department in accordance with 20.5.118.1800 NMAC of any release and
				action taken to mitigate immediate damage from the release.
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 5 - PETROLEUM STORAGE TANKS › Part 120 - CORRECTIVE ACTION FOR UST SYSTEMS CONTAINING OTHER REGULATED SUBSTANCES › Section 20.5.120.2003 - MINIMUM SITE ASSESSMENT, 72-HOUR AND 14-DAY REPORTS

Current through Register Vol. 35, No. 13, July 16, 2024
A. Owners and operators shall make an oral
				report summarizing the abatement procedures undertaken and the results of
				action taken under 20.5.120.2001 and 20.5.120.2002 NMAC within 72 hours of the
				discovery or confirmation of a release pursuant to 20.5.118 NMAC.
B. Owners and operators shall submit a paper
				and electronic copy of a written report to the department within 14 days of the
				discovery or confirmation of a release pursuant to 20.5.118 NMAC in addition to
				the written notice required under 20.5.118 NMAC. This report shall summarize
				all the work performed pursuant to 20.5.120.2001 and 20.5.120.2002 NMAC and
				shall include the following information, as appropriate:
(1) a map based on a United States geologic
				survey topographic map showing locations of actual and potential receptors,
				including, but not limited to, private and public water supplies identified
				pursuant to Subsection B of 20.5.120.2002 NMAC; owners and operators shall draw
				two concentric circles, at 1,000 feet and at one mile radii from the center of
				the release, and shall also show on the map all surface water courses within a
				one mile radius of the site;
(2)
				information about any water supplies known or suspected to have been
				contaminated by the release;
(3)
				most likely direction of groundwater flow;
(4) a site plan map showing locations of
				utilities, surface structures and storage tank systems;
(5) information about underground utilities
				gathered in accordance with Subsection E of 20.5.120.2002 NMAC;
(6) soil borings, logs, and details of
				construction of all wells, if available;
(7) description of any actions taken to abate
				adverse effects;
(8) data from
				vapor monitoring performed in the vicinity of the site;
(9) description of any actions taken to abate
				potentially explosive or harmful vapors and any plans for further
				action;
(10) description of fire
				and safety hazards resulting from the release and actions taken to abate such
				hazards;
(11) description of
				current and past ownership of the property, UST systems, the substance stored
				in the system, age of tank and history of any tank removals;
(12) present land use, within 1,000 feet of
				the site; and
(13) records of
				tightness tests, repairs to the UST system, release detection and monitoring
				results.
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 5 - PETROLEUM STORAGE TANKS › Part 120 - CORRECTIVE ACTION FOR UST SYSTEMS CONTAINING OTHER REGULATED SUBSTANCES › Section 20.5.120.2004 - NOTICE, SPLIT SAMPLES AND SAMPLING PROCEDURES

Current through Register Vol. 35, No. 13, July 16, 2024
A. Except for the 72-hour vapor check, owners
				and operators shall notify the department at least four days prior to the
				collection of any samples which are required pursuant to this part and upon
				which laboratory analyses are to be performed to allow the department an
				opportunity to be present at the collection of samples or to split
				samples.
B. Owners and operators
				shall notify the department at least four days prior to the decommissioning,
				destruction or abandonment of any wells.
C. Owners and operators shall collect, store
				and transport all samples necessary to comply with the requirements of this
				part in a manner consistent with the nature of the known or suspected and in
				conformance with applicable federal, state and local laws and
				regulations.
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 5 - PETROLEUM STORAGE TANKS › Part 120 - CORRECTIVE ACTION FOR UST SYSTEMS CONTAINING OTHER REGULATED SUBSTANCES › Section 20.5.120.2005 - INTERIM REMOVAL OF NON-AQUEOUS PHASE LIQUID

Current through Register Vol. 35, No. 13, July 16, 2024
A. Owners and operators shall assess the
				potential for remediation of non-aqueous phase liquid (NAPL) where there is a
				thickness of greater than one-eighth inch of NAPL in surface water, in any
				excavation pit, or in any well. Owners and operators shall submit the
				assessment to the department in accordance with a timeline approved by the
				department or the timeline set forth in Subsection E of 20.5.120.2000
				NMAC.
B. The department may approve
				interim removal of NAPL when such action is determined to be practical and
				necessary to protect public health, safety and welfare or the environment. In
				this event, owners and operators shall remove NAPL in accordance with a
				timeline approved by the department or the timeline set forth in Subsection E
				of 20.5.120.2000 NMAC.
C. Owners
				and operators shall remove NAPL in a manner that minimizes the spread of
				contamination into uncontaminated media.
D. Owners and operators shall store and
				dispose of NAPL in accordance with all flammable and combustible liquids codes
				approved by the state fire marshal or other local authority, state hazardous
				waste regulations 20.4.1 NMAC, and any other applicable laws or
				regulations.
E. Owners and
				operators shall report recovery and disposal of NAPL to the
				department.
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 5 - PETROLEUM STORAGE TANKS › Part 120 - CORRECTIVE ACTION FOR UST SYSTEMS CONTAINING OTHER REGULATED SUBSTANCES › Section 20.5.120.2006 - INTERIM REMOVAL OF CONTAMINATED SOIL

Current through Register Vol. 35, No. 13, July 16, 2024
A. Owners and operators shall remediate
				contaminated soil in accordance with 20.5.120.2018 and 20.5.120.2026 NMAC,
				unless approved by the department to remove and treat contaminated soil in
				accordance with this section.
(1) The
				department may approve interim removal of contaminated soil when such action is
				determined to be practical and necessary to protect public health, safety and
				welfare or the environment.
(2)
				Under this section, owners and operators shall excavate, treat and dispose of
				contaminated soil using methods approved by the department, in compliance with
				local laws and regulations, and under a timeline approved by the department or
				the timeline in Subsection E of 20.5.120.2000 NMAC.
(3) The department shall approve the vertical
				and horizontal extent of soil to be excavated.
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 5 - PETROLEUM STORAGE TANKS › Part 120 - CORRECTIVE ACTION FOR UST SYSTEMS CONTAINING OTHER REGULATED SUBSTANCES › Section 20.5.120.2007 - MINIMUM SITE ASSESSMENT, PRELIMINARY AND OTHER REQUIRED INVESTIGATIONS

Current through Register Vol. 35, No. 13, July 16, 2024
A. A preliminary
				investigation is not required when owners and operators can demonstrate that
				the contamination has not reached groundwater and one of the following two
				conditions apply:
(1) the release is
				remediated in accordance with this part within 72 hours of discovery or
				confirmation; or
(2) the release is
				permanently contained within the excavation area.
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 5 - PETROLEUM STORAGE TANKS › Part 120 - CORRECTIVE ACTION FOR UST SYSTEMS CONTAINING OTHER REGULATED SUBSTANCES › Section 20.5.120.2009 - MINIMUM SITE ASSESSMENT, PRELIMINARY INVESTIGATION REPORT

Current through Register Vol. 35, No. 13, July 16, 2024
A. Owners and
				operators shall submit paper and electronic copies of a written report of the
				preliminary investigation and other requirements of the minimum site assessment
				as defined in 20.5.101.7 NMAC in accordance with a timeline approved by the
				department or the timeline set forth in Subsection E of 20.5.120.2000 NMAC. The
				report shall include the information gathered under 20.5.120.2001,
				20.5.120.2002, 20.5.120.2003 and 20.5.120.2007 NMAC and shall conform to the
				requirements of this section and 20.5.120.2008 NMAC.
B. Owners and operators shall attach a
				statement signed by an authorized representative of the qualified firm
				preparing the report for the owner or operator attesting to the veracity of the
				information submitted in the report and attached documents.
C. The minimum site assessment report shall
				at a minimum, include all pertinent data collected during the minimum site
				assessment investigation, interpretation of that data using cross sections,
				contoured maps that depict the magnitude and extent of all contaminated media,
				identification of any threatened receptors, recommendations for additional work
				and justification for the recommended work.
D. The department shall review the report and
				notify owners and operators of any inadequacies in the report within 30 days of
				receipt. Owners and operators shall, in accordance with a timeline approved by
				the department, correct the report and resubmit it to the department for review
				and written approval. If the revised report does not conform to the minimum
				site assessment, preliminary investigation requirements in this section and
				20.5.120.2008 NMAC, the department shall reject the report and owners and
				operators shall be determined not to have conducted a minimum site assessment
				for the purposes of Subparagraph (c) of Paragraph (1) of Subsection B of
				Section
				74-6B-8
				NMSA 1978. The department's failure to review or to comment on this report
				shall not relieve owners and operators of their responsibilities under this
				part or otherwise under the law.
E.
				Owners and operators shall comply with the requirements of any local government
				which has designated a wellhead/source water protection area that includes the
				area of the release.
F. Owners and
				operators shall provide notice that includes the contaminants identified, as
				well as the horizontal and vertical extent of those contaminants, to all owners
				of property located within the extent of contamination.
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 5 - PETROLEUM STORAGE TANKS › Part 120 - CORRECTIVE ACTION FOR UST SYSTEMS CONTAINING OTHER REGULATED SUBSTANCES › Section 20.5.120.2010 - SECONDARY INVESTIGATION

Current through Register Vol. 35, No. 13, July 16, 2024
A.
				Owners and operators shall perform a secondary investigation in accordance with
				a timeline approved by the department or the timeline set forth in Subsection E
				of 20.5.120.2000 NMAC when the department makes at least one of the following
				determinations about the site:
(1) the extent
				and magnitude of contamination in all media has not been delimited by the
				preliminary investigation; or
(2)
				the release threatens public health, safety and welfare or the
				environment.
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 5 - PETROLEUM STORAGE TANKS › Part 120 - CORRECTIVE ACTION FOR UST SYSTEMS CONTAINING OTHER REGULATED SUBSTANCES › Section 20.5.120.2011 - SECONDARY INVESTIGATION REPORT

Current through Register Vol. 35, No. 13, July 16, 2024
A.
				Owners and operators shall submit paper and electronic copies of a written
				report of the secondary investigation to the department in accordance with a
				timeline approved by the department or the timeline in Subsection E of
				20.5.120.2000 NMAC. The report shall include all information gathered under
				20.5.120.2010 NMAC and shall conform to the requirements of this
				part.
B. Owners and operators shall
				attach a statement signed by an authorized representative of the qualified firm
				preparing the report for the owner or operator attesting to the veracity of the
				information submitted in the report and attached documents.
C. The secondary investigation report shall,
				at a minimum, include all pertinent data collected during the secondary
				investigation, interpretation of that data using cross sections, contoured maps
				that depict the magnitude and extent of all contaminated media, identification
				of any threatened receptors, recommendations for additional work and
				justification for the recommended work.
D. The department shall review the report and
				notify owners and operators of any inadequacies in the report within 30 days of
				receipt. Owners and operators shall, in accordance with a timeline approved by
				the department, correct the report and resubmit it to the department for review
				and written approval. If the revised report does not meet the requirements of
				20.5.120.2010 NMAC, the owner and operator will be in violation of this part
				until the inadequacies are corrected. The department's failure to review or to
				comment on the secondary investigation report shall not relieve owners and
				operators of their responsibilities under this part or otherwise under the
				law.
E. Owners and operators shall
				provide notice that includes the contaminants identified, as well as horizontal
				and vertical extent of those contaminants, to all owners of property located
				within the extent of contamination who were not previously notified in
				accordance with 20.5.120.2009 NMAC.
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 5 - PETROLEUM STORAGE TANKS › Part 120 - CORRECTIVE ACTION FOR UST SYSTEMS CONTAINING OTHER REGULATED SUBSTANCES › Section 20.5.120.2012 - MONITORED NATURAL ATTENUATION

Current through Register Vol. 35, No. 13, July 16, 2024
A.
				If approved by the department, owners and operators shall submit a plan for
				remediation by monitored natural attenuation to the department if any of the
				following conditions have been identified at the site:
(1) concentrations of contaminants of concern
				exceed target concentrations in soil or WQCC or EIB standards in groundwater or
				surface water; and
(2) other
				conditions exist as a result of the release which threaten public health,
				safety and welfare or the environment, as determined by the
				department.
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 5 - PETROLEUM STORAGE TANKS › Part 120 - CORRECTIVE ACTION FOR UST SYSTEMS CONTAINING OTHER REGULATED SUBSTANCES › Section 20.5.120.2013 - REVIEW AND APPROVAL OF MONITORED NATURAL ATTENUATION PLAN

Current through Register Vol. 35, No. 13, July 16, 2024
A. After the public
				comment period has ended, the department shall review the plan and shall
				approve the plan or notify the owner and operator in writing of the
				deficiencies of the plan. If the secretary determines that a decision on the
				monitored natural attenuation plan must be postponed due to significant
				comments from the public, the department must notify owners and operators of
				such a postponement, and may extend its review period for a period not to
				exceed 60 days unless otherwise provided in Subsection D of this section. All
				deadlines calculated from the end of the review period will be adjusted to
				reflect any extension.
B. The
				department may approve a monitored natural attenuation plan and impose
				reasonable conditions.
C. If the
				department determines that the monitored natural attenuation plan is
				inadequate, owners and operators shall modify the plan to correct the
				deficiencies specified by the department and re-submit it within the time
				period specified by the department.
D. The department may provide notice of the
				submission of the monitored natural attenuation plan to persons other than the
				owner and operator and provide for public participation in the review process
				as the department deems appropriate or when there is significant public
				interest. In the event an informal public meeting, public hearing or other form
				of public participation is conducted, the department may postpone its decision
				on the monitored natural attenuation plan until after a public hearing or
				meeting is held and a determination is made. Any public hearing or meeting that
				is held due to significant public interest shall be held within 60 days of
				determining there is significant public interest.
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 5 - PETROLEUM STORAGE TANKS › Part 120 - CORRECTIVE ACTION FOR UST SYSTEMS CONTAINING OTHER REGULATED SUBSTANCES › Section 20.5.120.2014 - MONITORED NATURAL ATTENUATION PLAN IMPLEMENTATION

Current through Register Vol. 35, No. 13, July 16, 2024
A. Owners and operators shall implement the
				monitored natural attenuation plan after department approval in accordance with
				a timeline approved by the department or the timeline set forth in Subsection E
				of 20.5.120.2000 NMAC.
B. Owners
				and operators shall monitor the contamination until the department determines
				that the natural attenuation is complete pursuant to this part, or unless
				otherwise approved by the department.
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 5 - PETROLEUM STORAGE TANKS › Part 120 - CORRECTIVE ACTION FOR UST SYSTEMS CONTAINING OTHER REGULATED SUBSTANCES › Section 20.5.120.2015 - REPORTS ON THE MONITORED NATURAL ATTENUATION

Current through Register Vol. 35, No. 13, July 16, 2024
A. Owners and operators shall submit paper
				and electronic copies of written reports to the department on the progress of
				the monitored natural attenuation. Owners and operators shall submit the
				reports annually unless a different reporting period is approved by the
				department and shall document all work performed during the preceding interval
				and shall include at a minimum the following information, as appropriate:
(1) a site plan drawn to scale of no less
				than one inch equals 40 feet, showing all existing buildings, structures, paved
				areas, utilities, buried utility trenches, former and existing storage tanks
				and ancillary equipment, other sources of contamination, extent and magnitude
				of contamination, and existing and proposed monitoring wells;
(2) a topographic map of appropriate scale
				showing the site in relation to existing and reasonably foreseeable future
				receptors;
(3) concentration
				contour maps depicting the extent and magnitude of the contaminants of concern
				and the designated monitoring wells in relation to the site;
(4) tabulation of the current and historical
				results of all water quality analyses and water elevation data;
(5) graphs of appropriate scale of the
				current and historical water quality analyses and water elevation data versus
				time;
(6) data evaluation and
				interpretation, and recommendations; and
(7) other information required by the
				department.
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 5 - PETROLEUM STORAGE TANKS › Part 120 - CORRECTIVE ACTION FOR UST SYSTEMS CONTAINING OTHER REGULATED SUBSTANCES › Section 20.5.120.2016 - EVALUATION OF MONITORED NATURAL ATTENUATION PLAN

Current through Register Vol. 35, No. 13, July 16, 2024
A. Owners and operators shall evaluate the
				effectiveness of the monitored natural attenuation plan at the end of each year
				of monitoring and submit the evaluation to the department for review unless
				otherwise approved by the department.
B. When the department determines that the
				plan is not effectively mitigating contamination according to the identified
				risks to public health, safety and welfare or the environment, the owner or
				operator shall propose a change in the existing monitored natural attenuation
				plan within 30 days of the department's determination of ineffectiveness, or
				propose an alternative approach to remediation under 20.5.120.2019 NMAC. Within
				30 days of the department's approval, the owner or operator shall implement the
				approved changes.
C. After
				implementation of any modification, owners and operators shall repeat annually
				the evaluation process described in this section.
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 5 - PETROLEUM STORAGE TANKS › Part 120 - CORRECTIVE ACTION FOR UST SYSTEMS CONTAINING OTHER REGULATED SUBSTANCES › Section 20.5.120.2017 - MODIFICATION OF MONITORED NATURAL ATTENUATION PLAN

Current through Register Vol. 35, No. 13, July 16, 2024
A. Owners and operators may petition the
				department to approve a modification of the monitored natural attenuation plan
				for good cause.
B. The department
				may approve a modification of the monitored natural attenuation plan only if
				such modification provides adequate protection of public health, safety and
				welfare and the environment and the owner or operator complies with the public
				notice requirements of 20.5.120.2012 NMAC.
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 5 - PETROLEUM STORAGE TANKS › Part 120 - CORRECTIVE ACTION FOR UST SYSTEMS CONTAINING OTHER REGULATED SUBSTANCES › Section 20.5.120.2018 - COMPLETION OF MONITORED NATURAL ATTENUATION

Current through Register Vol. 35, No. 13, July 16, 2024
A. Natural attenuation shall be considered
				complete when all of the following criteria are met:
(1) no layer of NAPL greater than one-eighth
				inch in thickness is present on the water table or in any of the
				wells;
(2) all applicable standards
				for soil and in groundwater and surface water have been achieved; the
				applicable standards shall be achieved concurrently at all compliance wells as
				approved by the department; and
(3)
				any other conditions which threatened public health, safety and welfare or the
				environment have been abated.
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 5 - PETROLEUM STORAGE TANKS › Part 120 - CORRECTIVE ACTION FOR UST SYSTEMS CONTAINING OTHER REGULATED SUBSTANCES › Section 20.5.120.2019 - CONCEPTUAL REMEDIATION PLAN

Current through Register Vol. 35, No. 13, July 16, 2024
A. If
				approved by the department, owners and operators shall submit a conceptual
				remediation plan to the department if any of the following conditions have been
				identified at the site:
(1) a thickness of
				greater than one-eighth inch of NAPL is present in the water, including in any
				excavation pit, or in any well;
(2)
				contaminant saturated soil is present;
(3) concentrations of contaminants of concern
				exceed target concentrations in soil or WQCC or EIB standards in groundwater or
				surface water; or
(4) other
				conditions exist as a result of the release which threaten public health,
				safety and welfare or the environment, as determined by the
				department.
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 5 - PETROLEUM STORAGE TANKS › Part 120 - CORRECTIVE ACTION FOR UST SYSTEMS CONTAINING OTHER REGULATED SUBSTANCES › Section 20.5.120.2021 - REVIEW AND APPROVAL OF FINAL REMEDIATION PLAN

Current through Register Vol. 35, No. 13, July 16, 2024
A. Within 30 days of receipt of the final
				remediation plan and after the public comment period has ended, the department
				shall review the plan and shall either approve the plan or notify the owner and
				operator in writing of the deficiencies of the plan. If the secretary
				determines that a decision on the remediation plan must be postponed due to
				significant comments from the public, the department must notify the owner and
				operator of such a postponement within 30 days, and may extend its review
				period for a period not to exceed 60 days unless otherwise provided in
				Subsection D of this section. All deadlines calculated from the end of the
				review period will be adjusted to reflect any extension.
B. The department may approve a final
				remediation plan and impose reasonable conditions.
C. If the department determines that the
				final remediation plan is inadequate, the owner or operator shall modify the
				plan to correct the deficiencies specified by the department and re-submit it
				within the time period specified by the department.
D. The department may provide notice of the
				submission of the remediation plan to persons other than the owner and operator
				and provide for public participation in the review process as the department
				deems appropriate or when there is significant public interest. In the event an
				informal public meeting, public hearing or other form of public participation
				is conducted, the department may postpone its decision on the final remediation
				plan until after a public hearing or meeting is held. Any public hearing or
				meeting that is held due to significant public interest shall be held within 60
				days of determining that there is significant public interest.
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 5 - PETROLEUM STORAGE TANKS › Part 120 - CORRECTIVE ACTION FOR UST SYSTEMS CONTAINING OTHER REGULATED SUBSTANCES › Section 20.5.120.2022 - IMPLEMENTATION OF FINAL REMEDIATION PLAN

Current through Register Vol. 35, No. 13, July 16, 2024
A. Owners and operators shall implement the
				final remediation plan after department approval in accordance with a timeline
				approved by the department or the timeline set forth in Subsection E of
				20.5.120.2000 NMAC. Owners and operators shall employ a professional engineer
				to ensure conformance with the final remediation plan, including excavation,
				installation, commissioning and operation of the system.
B. When the remediation plan includes
				mechanical or electrical equipment, engineered fill, pinning, shoring or slope
				stability analysis:
(1) a professional
				engineer shall supervise conformance with the final remediation plan including
				installation, commissioning and operation of the system;
(2) owners and operators shall operate the
				remediation system continuously until the remediation is terminated pursuant to
				this part, unless otherwise approved by the department; and
(3) owners and operators shall report to the
				department all interruptions of the operation of the remediation system greater
				than 72 hours.
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 5 - PETROLEUM STORAGE TANKS › Part 120 - CORRECTIVE ACTION FOR UST SYSTEMS CONTAINING OTHER REGULATED SUBSTANCES › Section 20.5.120.2023 - QUARTERLY REPORTS ON THE REMEDIATION

Current through Register Vol. 35, No. 13, July 16, 2024
A. Owners and operators shall submit written
				reports to the department on the operation of the remediation system. Owners
				and operators shall submit the reports quarterly unless a different reporting
				period is approved by the department, shall document all work performed during
				the preceding interval, and shall include the following information, as
				appropriate:
(1) tabulation of the current and
				historical results of all water quality analyses and water elevation
				data;
(2) evaluation of the
				performance and efficiency of each aspect of the remediation:
(a) the evaluation and all adjustments to
				system operation shall be performed, as appropriate, under the direct,
				responsible, supervisory control of an authorized representative of the
				qualified and a professional engineer; and
(b) owners and operators shall submit
				evidence that the performance of the remediation system meets the operating
				standards outlined in the final remediation plan;
(3) verification based on calculations that
				the schedule is being met for source removal, protection of actual and
				potential receptors, achievement of target concentrations, quarterly and
				cumulative contaminant mass reduction totals to date in pounds and gallons of
				contaminants;
(4) records of system
				operation, including but not limited to, periods of shut-down and equipment
				malfunctions; the maintenance procedures performed on the remediation system
				during the preceding quarter, including the names of the individuals performing
				the maintenance; and an operation and maintenance schedule for the next
				quarter;
(5) NAPL recovery, both
				cumulative and quarterly, and details of its disposal;
(6) effluent vapor concentrations over
				time;
(7) evaluation and
				recommendations for improving the performance of the system to achieve the
				goals of remediation; and
(8) other
				information required by the department.
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 5 - PETROLEUM STORAGE TANKS › Part 120 - CORRECTIVE ACTION FOR UST SYSTEMS CONTAINING OTHER REGULATED SUBSTANCES › Section 20.5.120.2024 - ANNUAL EVALUATION OF REMEDIATION

Current through Register Vol. 35, No. 13, July 16, 2024
A. Owners and operators shall evaluate the
				effectiveness of the approach to remediation at the end of each year of
				operation and submit the evaluation to the department for review.
B. When the department determines that the
				approach to remediation is not effectively remediating contamination according
				to the identified risks to public health, safety and welfare or the
				environment, owners and operators shall propose an alternative approach or
				change in the existing remediation plan within 30 days of the department's
				determination of ineffectiveness. Within 30 days of the department's approval,
				owners and operators shall implement the approved changes.
C. After implementation of any modification,
				owners and operators shall repeat annually the evaluation process described in
				this section until monitoring to verify completion of remediation in accordance
				with 20.5.120.2026 NMAC commences.
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 5 - PETROLEUM STORAGE TANKS › Part 120 - CORRECTIVE ACTION FOR UST SYSTEMS CONTAINING OTHER REGULATED SUBSTANCES › Section 20.5.120.2025 - MODIFICATION OF FINAL REMEDIATION PLAN

Current through Register Vol. 35, No. 13, July 16, 2024
A. Owners and operators may petition the
				department to approve a modification of the final remediation plan for good
				cause.
B. The department may modify
				a final remediation plan only if it complies with applicable regulations,
				provides adequate protection of public health, safety and welfare and the
				environment, and the owners and operators comply with the public notice
				requirements of 20.5.120.2020 NMAC.
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 5 - PETROLEUM STORAGE TANKS › Part 120 - CORRECTIVE ACTION FOR UST SYSTEMS CONTAINING OTHER REGULATED SUBSTANCES › Section 20.5.120.2026 - COMPLETION OF REMEDIATION

Current through Register Vol. 35, No. 13, July 16, 2024
A. The
				department shall consider remediation complete when all of the following
				criteria are met:
(1) no layer of NAPL
				greater than one-eighth inch in thickness is present on the water table or in
				any of the wells;
(2) all
				applicable standards for soil, groundwater and surface water have been
				achieved;
(a) all electrical and mechanical
				components of the remediation system shall remain shut down during the
				monitoring period described in this subsection;
(b) the department shall approve the
				designation of certain monitoring wells as compliance wells; the applicable
				standards shall be achieved concurrently at all compliance wells for at least
				eight consecutive quarters unless otherwise as approved by the department;
				and
(c) for verification of
				remediation of soil to target concentrations, owners and operators shall
				install at least four soil borings, at least three of which are distributed
				throughout the previously most contaminated portion of the vadose zone, as
				approved by the department; and
(3) any other conditions which threatened
				public health, safety and welfare or the environment have been
				remediated.
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 5 - PETROLEUM STORAGE TANKS › Part 120 - CORRECTIVE ACTION FOR UST SYSTEMS CONTAINING OTHER REGULATED SUBSTANCES › Section 20.5.120.2027 - NO FURTHER ACTION DETERMINATION

Current through Register Vol. 35, No. 13, July 16, 2024
A.
				A no further action determination is a technical determination issued by the
				department that documents that the owner or operator of a site has met all
				applicable remediation standards and that no contaminant will present a
				significant risk of harm to public health, safety and welfare and the
				environment.
B. Any owner or
				operator may request that the department evaluate a site for a no further
				action determination by submitting a written request to the department. The
				request shall include the following, if requested by the department:
(1) description of the site including a
				historical overview and generalized description of businesses, structures,
				vegetation, other prominent features, and location of the site;
(2) surveyed plat of the site, site map with
				legal description, or both;
(3)
				completed current environmental conditions table listing all areas of
				environmental concern on the site subject to remediation; the table shall
				include the following information about each area of environmental concern:
(a) remedial action taken, date, regulatory
				agency;
(b) residual contaminants
				of concern;
(c) clean-up status;
				and
(d) clean-up standards for
				contaminants of concern;
(4) chronology of events for each area
				investigated or remediated; and
(5)
				other relevant documents, as requested by the department.
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 5 - PETROLEUM STORAGE TANKS › Part 120 - CORRECTIVE ACTION FOR UST SYSTEMS CONTAINING OTHER REGULATED SUBSTANCES › Section 20.5.120.2028 - REQUEST FOR EXTENSION OF TIME

Current through Register Vol. 35, No. 13, July 16, 2024
A.
				For good cause shown, the department may extend the time for complying with any
				deadline set forth in this part. The request for an extension of time shall
				specify the reason for the request, the actions taken to comply with the
				deadline and the period of time for which the extension is requested.
B. The department shall not grant an
				extension for more than 30 days at a time unless the department determines
				additional time is warranted. The department may place conditions on the
				extension.
C. Lack of diligence or
				failure of owners and operators to comply with this part shall be grounds for
				denying a request for an extension of time.