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 20.5.120.2020 - FINAL REMEDIATION PLAN

Current through Register Vol. 35, No. 13, July 16, 2024
A.
				Following department approval of the conceptual remediation plan, owners and
				operators shall develop a final remediation plan in accordance with this
				section and shall submit three copies of the final remediation plan 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 design and engineering of any final
				remediation plan that includes mechanical or electrical equipment, engineered
				fill, pinning, shoring or slope stability analysis shall be the responsibility
				of a professional engineer as defined in 20.5.101.7 NMAC. A professional
				engineer shall sign and seal all plans and drawings required pursuant to this
				section, unless otherwise approved by the department.
C. In order to eliminate the potential to
				emit regulated substances to the environment, all engineered remediation
				systems shall be designed, constructed and operated such that malfunction or
				failure of any integral component results in automatic shutdown of the entire
				system. Integral components include but are not limited to pumps, blowers,
				oil-water separators, oxidizer systems, air strippers, filtration systems and
				computers.
D. All final remediation
				plans shall, at a minimum, include all of the following:
(1) goals of remediation and target
				concentrations to be achieved in each medium;
(2) 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 USTs, other
				sources of contamination, extent and magnitude of contamination, and existing
				and proposed monitoring wells;
(3)
				a hydrogeologic cross section showing contaminant mass in relation to the
				remediation system and a topographic map of appropriate scale showing the site
				in relation to existing and reasonably foreseeable future receptors;
(4) an implementation schedule;
(5) engineered plans and specifications in
				accordance with Subsection E of this section;
(6) a schedule for remediation of the source
				areas, for protection of receptors, and for achieving target concentrations,
				and a demonstration through calculations or other appropriate means which
				supports this schedule;
(7) a
				design and schedule for system optimization that meets the requirements of
				20.5.120.2024 NMAC;
(8) a
				contingency plan in case of a change in site conditions that threatens public
				health, safety and welfare or the environment;
(9) copies of all permits, permit
				applications, and property access agreements required to initiate remediation,
				including, if necessary, permits required by the state engineer, permits for
				discharge to groundwater or a waste water treatment plant, permits for air
				emissions or a surface water national pollution discharge elimination system
				(NPDES) permit;
(10) public notice
				in conformance with the following requirements:
(a) the owner or operator shall publish a
				legal notice of the submission or planned submission of the final remediation
				plan at least twice in a paper of general circulation in the county in which
				soil or water has been contaminated by the release; the first notice shall
				appear within one week of, but not later than, the day of submission of the
				final remediation plan to the department; the second publication of this notice
				shall occur no later than seven days after the date the remediation plan is
				submitted to the department, and owners and operators shall submit two
				certified affidavits of publication from the newspaper to the department within
				21 days after the date the final remediation plan is submitted;
(b) the notice shall contain the information
				specified in this section including the following:
(i) a statement that a remediation plan has
				been submitted to the department proposing actions to remediate a release of
				hazardous substances;
(ii) the name
				and physical address of the site at which the release occurred and the names
				and physical addresses of properties where any part of the remediation system
				will be located, using adequate identification of the properties, including
				street addresses if applicable;
(iii) a statement that a copy of the
				remediation plan and all data and modeling related to the remediation plan, if
				applicable, can be viewed at the department's main office and at the
				department's field office for the area in which the release occurred;
				and
(iv) a statement that public
				comments on the plan must be delivered, within 21 days of the publication of
				the second notice, to the owner or operator's assigned project manager at the
				petroleum storage tank bureau, New Mexico environment department, or a district
				office if approved by the department, and to the secretary of the environment
				department;
(c) within
				seven days of the date a remediation plan is submitted to the department,
				owners and operators shall also mail by certified mail a copy of the legal
				notice to adjacent property owners;
(d) owners and operators shall post a notice
				of the submission of the remediation plan at the release site within seven days
				of the submission of the remediation plan; the notice shall contain the
				information specified in this Subsection and shall be at least eight and
				one-half inches by 11 inches in size and prominently displayed in a location
				where it is likely to be seen by members of the public for a continuous period
				until the remediation plan is approved and implemented; public comments must be
				received by the department within 21 days of the date of the second publication
				of the public notice;
(11) for sites where contaminated media are
				being removed, a description of the ultimate disposal site of contaminated
				media, location of excavation and trenching, and method of limiting access by
				pedestrian and vehicular traffic; and
(12) other requirements as directed by the
				department.