New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 2 - STATE TRUST LANDS PART 24 CULTURAL PROPERTIES PROTECTION › Part 100 - RELATING TO OIL AND GAS LEASES › Section 19.2.100.66 - SURFACE OPERATIONS ON STATE OIL AND GAS LEASES

Current through Register Vol. 35, No. 13, July 16, 2024
A. Purpose and application of 19.2.100.66
				NMAC: The purpose of 19.2.100.66 NMAC is to establish minimum procedures for
				protecting the surface affected by operation and development activities on
				state oil and gas leases. 19.2.100.66 NMAC applies to all operations conducted
				after its effective date on state oil and gas leases, the surface of which is
				held in trust by the commissioner of public lands.
B. Operation Requirements:
(1) Surface trash and debris: All operators
				shall remove all surface trash and debris caused by their operations from the
				lease and shall keep such premises free and clear of such trash and debris. As
				used in 19.2.100.66 NMAC, "surface trash and debris" means all nonoperational
				and nonessential equipment resulting from the drilling and producing operation
				of oil and gas leases and includes, but is not limited to, garbage, rubbish,
				junk or scrap.
(2) Pits:
(a) Pits shall not be located in, or
				hazardously near, water drainages. Pits shall be constructed to prevent
				contamination of the surface and the subsurface by seepage or flowage;
				including, if necessary, lining with impermeable materials as provided by rules
				and regulations of the oil conservation division. Under no circumstances shall
				pits be used for disposal, dumping or storage of off-lease fluids. Subject to
				all applicable state and federal laws, and if the operator agrees to accept all
				liability therefore; garbage, junk, waste or other inorganic debris may be
				disposed of in the caliche or burn pit located on the side of the reserve pit
				when the reserve pit is reclaimed.
(b) All pits shall be fenced. The type of
				fence used must be specific to the class of livestock in the area. Fencing
				shall remain in place for the life of the pit and be maintained to keep
				livestock out. All fences shall be braced or constructed in such a manner as to
				keep wires tight with no sagging between posts. State land office personnel
				will inspect and, if necessary, notify operators or lessees of necessary
				repairs or requirements for maintaining the required condition of all fences
				associated with leases. Fencing shall comply with all other state and federal
				requirements.
(c) If a pit is
				lined, the liner shall be installed and maintained to prevent ingestion by
				livestock and wildlife.
(d)
				Drilling fluids and drill cuttings shall be disposed of in a manner to prevent
				contamination to the surface. Rules of the oil conservation division which
				relate to the disposal of drilling fluids and drill cuttings shall be complied
				with.
(3) Site
				Development:
(a) All access roads shall be
				built, maintained and reclaimed in accordance with 19.2.20 NMAC.
(b) All trees and wood over three inches in
				diameter removed for site preparation shall be disposed of on site as
				determined by the state land office.
(c) Where required by the federal Clean Water
				Act, other applicable federal or state law, or regulations promulgated pursuant
				thereto, production and storage tanks shall be surrounded with an earthen berm
				in compliance with such applicable law and regulations. In addition, such a
				berm may be required by the state land office if a particular tank has a
				history of repeated leaks.
(4) Spills:
(a) All new spills shall be treated and
				cleaned up immediately. All surface affected by such spills and leaks shall be
				reclaimed. Reclamation of the area involved shall be implemented in
				consultation with the state land office.
(b) All spills shall be reported in
				accordance with the regulations of the oil conservation division.
(5) Pipelines: If practicable,
				lines placed on top of the surface shall be placed to take advantage of
				existing roads or alongside other lines already on top of the ground. If
				regular maintenance and inspection by vehicle is necessary, and a permanent
				road required, the road shall be constructed and maintained in accordance with
				19.2.20 NMAC. All other traffic shall be kept to a minimum.