New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 15 - OIL AND GAS › Part 36 - SURFACE WASTE MANAGEMENT FACILITIES › Section 19.15.36.8 - SURFACE WASTE MANAGEMENT FACILITY PERMITS AND APPLICATION REQUIREMENTS

Current through Register Vol. 35, No. 13, July 16, 2024
A. Permit required.
				No person shall operate a surface waste management facility (other than a small
				landfarm registered pursuant to Paragraph (1) of Subsection A of
				19.15.36.16 NMAC)
				except pursuant to and in accordance with the terms and conditions of a
				division-issued surface waste management facility permit. The applicant for a
				permit or permit modification, renewal or transfer shall be the operator of the
				surface waste management facility. The operator is responsible for the actions
				of the operator's officers, employees, consultants, contractors and
				subcontractors as they relate to the operation of the surface waste management
				facility. Any person who is involved in a surface waste management facility's
				operation shall comply with 19.15.36 NMAC and the permit.
B. Permitting requirements. Except for small
				landfarms registered pursuant to Paragraph (1) of Subsection A of
				19.15.36.16 NMAC,
				new commercial or centralized facilities prior to commencement of construction,
				and existing commercial or centralized facilities prior to modification or
				permit renewal, shall be permitted by the division in accordance with the
				applicable requirements of Subsection C of 19.15.36.8 NMAC and
				19.15.36.11
				NMAC.
C. Application requirements
				for new facilities, major modifications and permit renewals. An applicant or
				operator shall file an application, form C-137, for a permit for a new surface
				waste management facility, to modify an existing surface waste management
				facility or for permit renewal with the environmental bureau in the division's
				Santa Fe office. The application shall include:
(1) the names and addresses of the applicant
				and principal officers and owners of twenty-five percent or more of the
				applicant;
(2) a plat and
				topographic map showing the surface waste management facility's location in
				relation to governmental surveys (quarter-quarter section, township and range);
				highways or roads giving access to the surface waste management facility site;
				watercourses; fresh water sources, including wells and springs; and inhabited
				buildings within one-half mile of the site's perimeter based upon the records
				of the applicable county clerk or clerk's office;
(3) the names and addresses of the surface
				owners of the real property on which the surface waste management facility is
				sited and surface owners of the real property within one mile of the site's
				perimeter;
(4) a description of the
				surface waste management facility with a diagram indicating the location of
				fences and cattle guards, and detailed construction/installation diagrams of
				pits, liners, dikes, piping, sprayers, tanks, roads, fences, gates, berms,
				pipelines crossing the surface waste management facility, buildings and
				chemical storage areas;
(5)
				engineering designs, certified by a registered professional engineer, including
				technical data on the design elements of each applicable treatment, remediation
				and disposal method and detailed designs of surface impoundments;
(6) a plan for management of approved oil
				field wastes that complies with the applicable requirements contained in
				19.15.36.13
				NMAC,
				19.15.36.14
				NMAC,
				19.15.36.15
				NMAC and
				19.15.36.17
				NMAC;
(7) an inspection and
				maintenance plan that complies with the requirements contained in Subsection L
				of
				19.15.36.13
				NMAC;
(8) a hydrogen sulfide
				prevention and contingency plan that complies with those provisions of 19.15.11
				NMAC that apply to surface waste management facilities;
(9) a closure and post closure plan,
				including a responsible third party contractor's cost estimate, sufficient to
				close the surface waste management facility in a manner that will protect fresh
				water, public health and the environment, and to comply with the closure and
				post closure requirements contained in Subsections A through F of
				19.15.36.18
				NMAC;
(10) a contingency plan that
				complies with the requirements of Subsection N of
				19.15.36.13
				NMAC and with NMSA 1978, Sections 12-12 -1 through 12-12-30, as
				amended;
(11) a plan to control
				run-on water onto the site and run-off water from the site that complies with
				the requirements of Subsection M of
				19.15.36.13
				NMAC;
(12) in the case of an
				application to permit a new or expanded landfill, a leachate management plan
				that describes the anticipated amount of leachate that will be generated and
				the leachate's handling, storage, treatment and disposal, including final post
				closure options;
(13) in the case
				of an application to permit a new or expanded landfill, a gas safety management
				plan that complies with the requirements of Subsection O of
				19.15.36.13
				NMAC;
(14) a best management
				practice plan to ensure protection of fresh water, public health and the
				environment;
(15)
				geological/hydrological data including:
(a) a
				map showing names and location of streams, springs or other watercourses, and
				water wells within one mile of the site;
(b) laboratory analyses, performed by an
				independent commercial laboratory, for major cations and anions; BTEX; RCRA
				metals; and TDS of ground water samples of the shallowest fresh water aquifer
				beneath the proposed site;
(c)
				depth to, formation name, type and thickness of the shallowest fresh water
				aquifer;
(d) soil types beneath the
				proposed surface waste management facility, including a lithologic description
				of soil and rock members from ground surface down to the top of the shallowest
				fresh water aquifer;
(e) geologic
				cross-sections;
(f) potentiometric
				maps for the shallowest fresh water aquifer; and
(g) porosity, permeability, conductivity,
				compaction ratios and swelling characteristics for the sediments on which the
				contaminated soils will be placed;
(16) certification by the applicant that
				information submitted in the application is true, accurate and complete to the
				best of the applicant's knowledge, after reasonable inquiry; and
(17) other information that the division may
				require to demonstrate that the surface waste management facility's operation
				will not adversely impact fresh water, public health or the environment and
				that the surface waste management facility will comply with division rules and
				orders.