New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 6 - WATER QUALITY › Part 7 - GROUND WATER PROTECTION - SUPPLEMENTAL PERMITTING REQUIREMENTS FOR COPPER MINE FACILITIES › Section 20.6.7.30 - CONTINGENCY REQUIREMENTS FOR COPPER MINE FACILITIES

Current through Register Vol. 35, No. 13, July 16, 2024
A.
Exceedance of ground water
				standards.
If monitoring of a water contaminant source indicates that
				applicable standards are exceeded, or if the extent or magnitude of existing
				ground water contamination is significantly increasing, the permittee shall
				collect a confirmatory sample from the monitoring location(s) within 15 days to
				confirm the initial sampling results, unless the permittee elects to accept the
				initial sampling results as an accurate measurement of water quality. Within 30
				days of the confirmation of the exceedance of applicable standards or
				significant increases in existing contamination, the permittee shall take the
				following actions. The department may approve a longer time period not to
				exceed 90 days for good cause shown.
(1) A
				corrective action plan shall be submitted to the department for approval. The
				corrective action plan shall describe any repairs made or proposed to address
				the cause of the exceedance or increase and shall propose source control
				measures and a schedule for implementation. The department shall approve or
				disapprove the corrective action plan within 60 days of receipt. Following the
				department's approval of the corrective action plan, the permittee shall
				initiate implementation of the plan according to the approved schedule. If the
				department does not approve the corrective action plan, the department shall
				notify the permittee of the deficiencies by certified mail. The permittee shall
				submit a revised corrective action plan to the department within 60 days of the
				date of postal notice of the notice of deficiency. The department shall approve
				or disapprove the revised corrective action plan within 60 days of
				receipt.
(2) If the corrective
				action plan proposes actions to correct deficiencies with a liner, the proposed
				actions shall include repair or replacement of the existing liner, or
				construction and lining of a new impoundment. If liner repair is practicable,
				repairs shall be made pursuant to 20.6.7.17 NMAC or using a material that is
				equivalent to the existing liner with respect to material thickness and
				composition. Repairs shall be completed in accordance with the approved
				schedule. If liner repair is not practicable, the corrective action plan shall
				propose reconstruction and relining of the impoundment pursuant to 20.6.7.17
				NMAC or construction and lining of a new impoundment pursuant to 20.6.7.17
				NMAC. Reconstruction or construction plans and specifications for the
				impoundment shall be completed pursuant to 20.6.7.17 NMAC and submitted with
				the corrective action plan along with a schedule for implementation. If a new
				impoundment is constructed the existing impoundment shall be closed pursuant to
				20.6.7.33 NMAC.
(3) The permittee
				may be required to submit to the department for approval an abatement plan,
				which includes a site investigation to define the source, nature and extent of
				contamination; a proposed abatement option, and a schedule for its
				implementation. The site investigation and abatement option shall be consistent
				with the requirements and provisions of Sections 20.6.2.4101, 20.6.2.4103,
				20.6.2.4106, 20.6.2.4107, 20.6.2.4108 and 20.6.2.4112 NMAC.
(4) A corrective action plan or abatement
				plan approved or submitted prior to the date of the copper mine rule shall
				satisfy the requirements of this subsection provided that any substantial
				change in monitoring results after the effective date of the copper mine rule
				may require additional corrective action under this Subsection or modification
				of a previously approved or submitted corrective action plan or abatement
				plan.