reglab/statecodes huggingface dataset:
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 5 - PETROLEUM STORAGE TANKS › Part 123 - CORRECTIVE ACTION FUND ADMINISTRATION › Section 20.5.123.2321 - REVIEW OF DETERMINATIONS OF COMPLIANCE

Current through Register Vol. 35, No. 13, July 16, 2024
A. Any owner or operator aggrieved by a
				decision made by the department regarding determinations of compliance in
				accordance with 20.5.123.2303 through 20.5.123.2305 NMAC may appeal the
				decision by submitting a request for reconsideration of the decision to the
				director. Any owner or operator aggrieved by a decision made under these
				regulations by the director may appeal the decision by submitting a request for
				reconsideration to the director. The reconsideration will be based on written
				submittals. Any such request for reconsideration shall be in writing and shall
				specify the grounds upon which the petitioner objects to the decision. The
				request shall be accompanied by any and all written material and argument which
				the owner or operator wishes the director to consider upon reconsideration. The
				request for reconsideration shall be postmarked within 15 days of the date of
				the determination.
B. Department
				staff shall respond to the request for reconsideration within 15 days of
				receipt of the complete submittal of the owner or operator's request for
				reconsideration. The response of the department staff shall be sent to both the
				director and the owner or operator and shall be accompanied by any and all
				written materials and argument in support of the position of the staff on the
				issues raised by the owner or operator.
C. For good cause shown, the director may
				permit either party additional time in which to submit the supporting written
				materials or argument pursuant to subsections A and B of this section. Any
				request for additional time and all evidence for good cause shall be submitted
				in writing prior to the end of the 15-day period described in subsection A of
				this section. The department shall act on the request for additional time
				within a reasonable period of time.
D. The director's action on the request for
				reconsideration shall be based on the written materials and argument submitted
				pursuant to this section unless the director, in the director's discretion,
				schedules a conference on the request for reconsideration.
E. The director's action on the request for
				reconsideration shall be by written decision and shall state the reason
				therefor. The director shall send a copy of the decision to the owner or
				operator and furnish a copy to department staff promptly after the decision is
				rendered.
F. The owner or operator
				may appeal the decision of the director made under subsection E of this section
				by requesting a hearing in accordance with 20.5.123.2322 NMAC.
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 5 - PETROLEUM STORAGE TANKS › Part 123 - CORRECTIVE ACTION FUND ADMINISTRATION › Section 20.5.123.2322 - REQUEST FOR HEARING ON DETERMINATIONS OF COMPLIANCE

Current through Register Vol. 35, No. 13, July 16, 2024
A. An owner or operator may obtain review by
				the secretary of a decision by the director made pursuant to subsection E of
				20.5.123.2321 NMAC by filing a written request for a hearing as provided in the
				environment department adjudicatory procedures, 20.1.5 NMAC, within 30 days
				after the date the owner or operator receives the director's decision pursuant
				to Subsection E of 20.5.123.2321 NMAC. The procedures set forth in the
				environment department adjudicatory procedures, 20.1.5 NMAC, shall govern the
				proceeding.
B. The complainant
				shall attach to the request for hearing a copy of the determination for which
				review is sought.
C. With the
				request for hearing, the complainant shall file a reply to the determination.
				The reply shall address each of the findings in the determination, including
				any facts which support the complainant's position that the complainant has
				complied with the requirements of subsection B of Section
				74-6B-8
				NMSA 1978.
D. The secretary shall
				schedule the hearing for no later than 90 days after service of the notice of
				docketing.
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 5 - PETROLEUM STORAGE TANKS › Part 123 - CORRECTIVE ACTION FUND ADMINISTRATION › Section 20.5.123.2323 - EFFECT OF APPEAL ON PAYMENT, ENFORCEMENT

Current through Register Vol. 35, No. 13, July 16, 2024
A request for hearing or other administrative review shall
				  not delay payment for any phase of corrective action, other than that which is
				  being contested. A request for hearing shall not affect the secretary's
				  authority to issue compliance orders or otherwise seek enforcement of 20.5 NMAC
				  under the provisions of the Hazardous Waste Act or relieve an owner or operator
				  of any responsibility under 20.5 NMAC.
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 5 - PETROLEUM STORAGE TANKS › Part 124 - LENDER LIABILITY › Section 20.5.124.2 - SCOPE

Current through Register Vol. 35, No. 13, July 16, 2024
This part applies to all storage tank systems in this state
				  except as provided in Subsections B and D of 20.5.101.2 NMAC. This part also
				  applies to owners and operators of AST systems with capacities of 55,000
				  gallons or more associated with airport hydrant fuel distribution systems and
				  owners and operators of AST systems with capacities of 55,000 gallons or more
				  associated with UST systems with field-constructed tanks as these terms are
				  defined in 20.5.101 NMAC.
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 5 - PETROLEUM STORAGE TANKS › Part 124 - LENDER LIABILITY › Section 20.5.124.3 - 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
				  74-1-14
				  NMSA 1978, and the general provisions of the Environmental Improvement Act,
				  Sections
				  74-1-1
				  through
				  74-1-15
				  NMSA 1978.
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 5 - PETROLEUM STORAGE TANKS › Part 124 - LENDER LIABILITY › Section 20.5.124.5 - EFFECTIVE DATE

Current through Register Vol. 35, No. 13, July 16, 2024
July 24, 2018, unless later date is indicated in the
				  bracketed note at the end of a section.
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 5 - PETROLEUM STORAGE TANKS › Part 124 - LENDER LIABILITY › Section 20.5.124.6 - OBJECTIVE

Current through Register Vol. 35, No. 13, July 16, 2024
This part is adopted to limit the regulatory obligations of
				  lending institutions and other persons who hold a security interest in a
				  storage tank system, or in real estate containing a storage tank, or that
				  acquire a title or deed to a storage tank or a facility or property on which a
				  storage tank is located.
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 5 - PETROLEUM STORAGE TANKS › Part 124 - LENDER LIABILITY › Section 20.5.124.7 - DEFINITIONS

Current through Register Vol. 35, No. 13, July 16, 2024
The definitions in 20.5.101 NMAC apply to this part. In
				  addition, when used in this part, the following terms shall have the meanings
				  given below:
A. "Storage tank
				technical standards," as used in this part, refers to the requirements of
				20.5.102, 20.5.104, 20.5.106 through 20.5.111 NMAC, 20.5.114 and 20.5.115 NMAC,
				and 20.5.118.1800 NMAC through Subsection A of 20.5.118.1801 NMAC.
B. Petroleum production, refining, and
				marketing.
(1) "Petroleum production" means
				the production of crude oil or other forms of petroleum (as defined in
				20.5.101.7 NMAC) as well as the production of petroleum products from purchased
				materials.
(2) "Petroleum refining"
				means the cracking, distillation, separation, conversion, upgrading, and
				finishing of refined petroleum or petroleum products.
(3) "Petroleum marketing" means the
				distribution, transfer, or sale of petroleum or petroleum products for
				wholesale or retail purposes.
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 5 - PETROLEUM STORAGE TANKS › Part 124 - LENDER LIABILITY › Section 20.5.124.2400 - ACTIONS THAT ARE PARTICIPATION IN MANAGEMENT

Current through Register Vol. 35, No. 13, July 16, 2024
A. Participation in the management of a
				storage tank or storage tank system means, for purposes of this part, actual
				participation by the holder in the management or control of decision-making
				related to the operation of a storage tank or storage tank system. A holder is
				participating in the management of the storage tank or storage tank system only
				if the holder either:
(1) Exercises
				decision-making control over the operational (as opposed to financial or
				administrative) aspects of the storage tank or storage tank system, such that
				the holder has undertaken responsibility for all or substantially all of the
				management of the storage tank or storage tank system; or
(2) Exercises control at a level comparable
				to that of a manager of the borrower's enterprise, such that the holder has
				assumed or manifested responsibility for the overall management of the
				enterprise encompassing the day-to-day decision-making of the enterprise with
				respect to all, or substantially all, of the operational (as opposed to
				financial or administrative) aspects of the enterprise.
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 5 - PETROLEUM STORAGE TANKS › Part 124 - LENDER LIABILITY › Section 20.5.124.2401 - ACTIONS THAT ARE NOT PARTICIPATION IN MANAGEMENT PRE-FORECLOSURE

Current through Register Vol. 35, No. 13, July 16, 2024
A. Actions at the
				inception of the loan or other transaction.
(1) No act or omission prior to the time that
				indicia of ownership are held primarily to protect a security interest
				constitutes evidence of participation in management within the meaning of this
				subpart.
(2) A prospective holder
				who undertakes or requires an environmental investigation (which could include
				a site assessment, inspection, and/or audit) of the storage tank or storage
				tank system or facility or property on which the storage tank or storage tank
				system is located (in which indicia of ownership are to be held), or requires a
				prospective borrower to clean up contamination from the storage tank or storage
				tank system or to comply or come into compliance (whether prior or subsequent
				to the time that indicia of ownership are held primarily to protect a security
				interest) with any applicable law or regulation, is not by such action
				considered to be participating in the management of the storage tank or storage
				tank system or facility or property on which the storage tank or storage tank
				system is located.
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 5 - PETROLEUM STORAGE TANKS › Part 124 - LENDER LIABILITY › Section 20.5.124.2402 - FORECLOSURE ON A STORAGE TANK OR STORAGE TANK SYSTEM OR FACILITY OR PROPERTY ON WHICH A STORAGE TANK OR STORAGE TANK SYSTEM IS LOCATED, AND PARTICIPATION IN MANAGEMENT ACTIVITIES POST-FORECLOSURE

Current through Register Vol. 35, No. 13, July 16, 2024
A. Foreclosure.
(1) Indicia of ownership that are held
				primarily to protect a security interest include legal or equitable title or
				deed to real or personal property acquired through or incident to foreclosure.
				The indicia of ownership held after foreclosure continue to be maintained
				primarily as protection for a security interest provided that the holder
				undertakes to sell, re-lease a storage tank or storage tank system or facility
				or property on which the storage tank or storage tank system is located, held
				pursuant to a lease financing transaction (whether by a new lease financing
				transaction or substitution of the lessee), or otherwise divest itself of the
				storage tank or storage tank system or facility or property on which the
				storage tank or storage tank system is located, in a reasonably expeditious
				manner, using whatever commercially reasonable means are relevant or
				appropriate with respect to the storage tank or storage tank system or facility
				or property on which the storage tank or storage tank system is located, taking
				all facts and circumstances into consideration, and provided that the holder
				does not participate in management (as defined in 20.5.124.7 NMAC) prior to or
				after foreclosure.
(2) For purposes
				of establishing that a holder is seeking to sell, re-lease pursuant to a lease
				financing transaction (whether by a new lease financing transaction or
				substitution of the lessee), or divest in a reasonably expeditious manner a
				storage tank or storage tank system or facility or property on which the
				storage or storage tank system is located, the holder may use whatever
				commercially reasonable means as are relevant or appropriate with respect to
				the storage tank or storage tank system or facility or property on which the
				storage tank or storage tank system is located, or may employ the means
				specified in Subsection B of this section.
(3) A holder that outbids, rejects, or fails
				to act upon a written bona fide, firm offer of fair consideration for the
				storage tank or storage tank system or facility or property on which the
				storage tank or storage tank system is located, as provided in Subsection B of
				this section, is not considered to hold indicia of ownership primarily to
				protect a security interest.
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 5 - PETROLEUM STORAGE TANKS › Part 124 - LENDER LIABILITY › Section 20.5.124.2403 - OWNERSHIP OF A STORAGE TANK OR STORAGE TANK SYSTEM OR FACILITY OR PROPERTY ON WHICH A STORAGE TANK OR STORAGE TANK SYSTEM IS LOCATED

Current through Register Vol. 35, No. 13, July 16, 2024
A holder is not an "owner" of a petroleum storage tank or
				  storage tank system or facility or property on which a petroleum storage tank
				  or storage tank system is located for purposes of compliance with the storage
				  tank technical standards as defined in 20.5.124.7 NMAC; the corrective action
				  requirements under 20.5.118 NMAC, 20.5.119 NMAC, and 20.5.120 NMAC; and the
				  financial responsibility requirements under 20.5.117 NMAC, provided the
				  person:
A. does not participate in the
				management of the storage tank or storage tank system as defined in
				20.5.124.2400 NMAC, 20.5.124.2401 NMAC, and 20.5.124.2402 NMAC; and
B. does not engage in petroleum production,
				refining, and marketing, as defined in 20.5.124.7 NMAC.
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 5 - PETROLEUM STORAGE TANKS › Part 124 - LENDER LIABILITY › Section 20.5.124.2404 - OPERATING A STORAGE TANK OR STORAGE TANK SYSTEM PRIOR TO FORECLOSURE

Current through Register Vol. 35, No. 13, July 16, 2024
A holder, prior to foreclosure, as defined in 20.5.124.7
				  NMAC, is not an "operator" of a petroleum storage tank or storage tank system
				  for purposes of compliance with the storage tank technical standards as defined
				  in 20.5.124.7 NMAC; the corrective action requirements under 20.5.118 NMAC,
				  20.5.119 NMAC, and 20.5.120 NMAC; and the financial responsibility requirements
				  under 20.5.117 NMAC, provided that the holder is not in control of or does not
				  have responsibility for the daily operation of the storage tank or storage tank
				  system.
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 5 - PETROLEUM STORAGE TANKS › Part 124 - LENDER LIABILITY › Section 20.5.124.2405 - OPERATING A STORAGE TANK OR STORAGE TANK SYSTEM AFTER FORECLOSURE

Current through Register Vol. 35, No. 13, July 16, 2024
The following provisions apply to a holder who, through
				  foreclosure, as defined in 20.5.124.7 NMAC, acquires a petroleum storage tank
				  or storage tank system or facility or property on which a petroleum storage
				  tank or storage tank system is located.
A. A holder is not an "operator" of a
				petroleum storage tank or storage tank system for purposes of compliance with
				20.5 NMAC if there is an operator, other than the holder, who is in control of
				or has responsibility for the daily operation of the storage tank or storage
				tank system, and who can be held responsible for compliance with applicable
				requirements of 20.5 NMAC.
B. If
				another operator does not exist, as provided for under Subsection A of this
				section, a holder is not an "operator" of the storage tank or storage tank
				system, for purposes of compliance with the storage tank technical standards as
				defined in 20.5.124.7 NMAC; the corrective action requirements under 20.5.118
				NMAC, 20.5.119 NMAC, and 20.5.120 NMAC; and the storage tank financial
				responsibility requirements under 20.5.117 NMAC, provided that the holder:
(1) empties all of its known storage tanks
				and storage tank systems within 60-calendar days after foreclosure or another
				reasonable time period specified by the department, so that, in the case of
				both USTs and ASTs, no more than two and one-half centimeters (one inch) of
				residue, or three-tenths percent by weight of the total capacity of the storage
				tank system, remains in the system; leaves vent lines open and functioning;
				caps and secures all other lines, pumps, manways, and ancillary equipment; and,
				for ASTs, disconnects and caps all associated piping from the AST;
				and
(2) empties those storage tanks
				and storage tank systems that are discovered after foreclosure within
				60-calendar days after discovery or another reasonable time period specified by
				the department, so that, in the case of both ASTs and USTs, no more than two
				and one-half centimeters (one inch) of residue, or three-tenths percent by
				weight of the total capacity of the storage tank system, remains in the system;
				leaves vent lines open and functioning; and caps and secures all other lines,
				pumps, manways, and ancillary equipment; and, for ASTs, disconnects and caps
				all associated piping from the AST.
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 5 - PETROLEUM STORAGE TANKS › Part 125 - ADMINISTRATIVE REVIEW › Section 20.5.125.3 - 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; 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 125 - ADMINISTRATIVE REVIEW › Section 20.5.125.5 - 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 125 - ADMINISTRATIVE REVIEW › Section 20.5.125.6 - OBJECTIVE

Current through Register Vol. 35, No. 13, July 16, 2024
The purpose of this part is to provide aggrieved parties a
				  means of seeking expedited review or reconsideration of decisions made by the
				  department under 20.5 NMAC in regulating storage tank systems in order 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 125 - ADMINISTRATIVE REVIEW › Section 20.5.125.7 - DEFINITIONS

Current through Register Vol. 35, No. 13, July 16, 2024
A. The definitions
				in 20.5.101 NMAC apply to this part.
B. As used in this part, the term "aggrieved
				party" means:
(1) an owner, operator, person
				designated as a representative under 20.5.123.2311 NMAC or product deliverer
				aggrieved by a decision by the department pursuant to 20.5 NMAC;
(2) a contractor aggrieved by a decision by
				the department under 20.5.123 NMAC;
(3) a person that has been denied designation
				as a representative under 20.5.123.2311 NMAC; or
(4) a person that has been denied
				qualification or disqualified under 20.5.122 NMAC.
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 5 - PETROLEUM STORAGE TANKS › Part 125 - ADMINISTRATIVE REVIEW › Section 20.5.125.2500 - INITIATION OF ADMINISTRATIVE REVIEW

Current through Register Vol. 35, No. 13, July 16, 2024
A. Except for appeals as provided for in
				20.5.123 NMAC for compliance determinations, any aggrieved party may obtain
				review of the decision by either:
(1)
				submitting to the department a written request for informal review pursuant to
				20.5.125.2501 NMAC; or
(2)
				submitting to the secretary or the secretary's designee a written request for
				review on written submittals pursuant to 20.5.125.2502
				NMAC.
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 5 - PETROLEUM STORAGE TANKS › Part 125 - ADMINISTRATIVE REVIEW › Section 20.5.125.2501 - INFORMAL REVIEW

Current through Register Vol. 35, No. 13, July 16, 2024
A. A request
				for informal review by an aggrieved party shall be in writing and shall specify
				the grounds upon which the aggrieved party objects to the decision. Every
				request for informal review shall be submitted to the department by the
				deadline set out in Subsection B of 20.5.125.2500 NMAC.
B. The department shall afford prompt
				opportunity for an informal conference at which the aggrieved party may present
				the aggrieved party's views on the issues raised in the request for review and
				offer any supporting documentation or testimony. The department shall notify
				the aggrieved party of the time, date and place of the informal
				conference.
C. If the decision to
				be reviewed was based on an inspection or field test performed or witnessed by
				an employee of the department, the member of department staff conducting the
				review must be someone other than the employee who conducted or witnessed the
				inspection or test.
D. After
				considering all written and oral views presented, the department shall affirm,
				modify or reverse the original decision and shall furnish the aggrieved party
				with a written notification of its determination.
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 6 - WATER QUALITY › Part 2 - GROUND AND SURFACE WATER PROTECTION › Section 20.6.2.2 - SCOPE

Current through Register Vol. 35, No. 13, July 16, 2024
All persons subject to the Water Quality Act, NMSA 1978,
				  Sections
				  74-6-1
et seq
.
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 6 - WATER QUALITY › Part 2 - GROUND AND SURFACE WATER PROTECTION › Section 20.6.2.3 - STATUTORY AUTHORITY

Current through Register Vol. 35, No. 13, July 16, 2024
Standards and Regulations are adopted by the commission under
				  the authority of the Water Quality Act, NMSA 1978, Sections
				  74-6-1
				  through
				  74-6-17.
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 6 - WATER QUALITY › Part 2 - GROUND AND SURFACE WATER PROTECTION › Section 20.6.2.6 - OBJECTIVE

Current through Register Vol. 35, No. 13, July 16, 2024
The objective of this Part is to implement the Water Quality
				  Act, NMSA 1978, Sections
				  74-6-1 et
				  seq.
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 6 - WATER QUALITY › Part 2 - GROUND AND SURFACE WATER PROTECTION › Section 20.6.2.7 - DEFINITIONS

Current through Register Vol. 35, No. 13, July 16, 2024
The following terms, as used in this part shall have the
				  following meanings; terms defined in the Water Quality Act, but not defined in
				  this part, will have the meaning given in the act.
A.
Definitions that begin with the
				letter "A."
(1)
"abandoned
				well"
means a well whose use has been permanently discontinued or which
				is in a state of disrepair such that it cannot be rehabilitated for its
				intended purpose or other purposes including monitoring and
				observation;
(2)
"abate" or
				"abatement"
means the investigation, containment, removal or other
				mitigation of water pollution;
(3)
"abatement plan"
means a description of any operational,
				monitoring, contingency and closure requirements and conditions for the
				prevention, investigation and abatement of water pollution, and includes Stage
				1, Stage 2, or Stage 1 and 2 of the abatement plan, as approved by the
				secretary;
(4)
"adjacent
				properties"
means properties that are contiguous to the discharge site
				or property that would be contiguous to the discharge site but for being
				separated by a public or private right of way, including roads and
				highways.
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 6 - WATER QUALITY › Part 2 - GROUND AND SURFACE WATER PROTECTION › Section 20.6.2.8 - SEVERABILITY

Current through Register Vol. 35, No. 13, July 16, 2024
If any Section, Subsection, individual standard or
				  application of these standards or regulations is held invalid, the remainder
				  shall not be affected.
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 6 - WATER QUALITY › Part 2 - GROUND AND SURFACE WATER PROTECTION › Section 20.6.2.9 - DOCUMENTS

Current through Register Vol. 35, No. 13, July 16, 2024
Documents referenced in the Part may be viewed at the New
				  Mexico Environment Department, Ground Water Quality Bureau, Harold Runnels
				  Building, 1190 St. Francis Drive, Santa Fe, New Mexico 87503.
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 6 - WATER QUALITY › Part 2 - GROUND AND SURFACE WATER PROTECTION › Section 20.6.2.10 - LIMITATIONS

Current through Register Vol. 35, No. 13, July 16, 2024
These regulations do not apply to the following:
A. Any activity or condition subject to the
				authority of the environmental improvement board pursuant to the Hazardous
				Waste Act, NMSA 1978, Sections
				74-4-1 to
				-14, the Ground Water Protection Act, NMSA 1978, Sections
				74-6B-1 to
				-14, or the Solid Waste Act, NMSA 1978, Sections
				74-9-1 to
				-25, except to abate water pollution or to control the disposal or use of
				septage and sludge; or
B. Any
				activity or condition subject to the authority of the oil conservation
				commission pursuant to the provisions of the Oil and Gas Act, NMSA 1978,
				Section
				70-2-12 and
				other laws conferring power on the oil conservation commission and the oil
				conservation division of the energy, minerals and natural resources department
				to prevent or abate water pollution.
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 6 - WATER QUALITY › Part 2 - GROUND AND SURFACE WATER PROTECTION › Section 20.6.2.1201 - NOTICE OF INTENT TO DISCHARGE

Current through Register Vol. 35, No. 13, July 16, 2024
A.
				Except for the notices specified in paragraphs (1) and (2) of this subsection,
				any person intending to make a new water contaminant discharge or to alter the
				character or location of an existing water contaminant discharge, unless the
				discharge is being made or will be made into a community sewer system or
				subject to the Liquid Waste Disposal Regulations adopted by the New Mexico
				environmental improvement board, shall file a notice with the ground water
				quality bureau of the department for discharges that may affect ground water,
				and/ or the surface water quality bureau of the department for discharges that
				may affect surface water.
(1) Notices
				regarding discharges from facilities for the production, refinement, pipeline
				transmission of oil and gas or products thereof, the oil field service industry
				as related to oil and gas production activities, oil field brine production
				wells, and carbon dioxide facilities shall be filed with the oil conservation
				division of the energy, minerals and natural resources department,
(2) Notices regarding discharges related to
				geothermal resources, as defined in Section
				71-9-3 of
				the Geothermal Resources Development Act, NMSA 1978, Sections
				71-9-1 to
				-11 (2016) shall be filed with the energy conservation and management division
				of the energy, minerals and natural resources department.
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 6 - WATER QUALITY › Part 2 - GROUND AND SURFACE WATER PROTECTION › Section 20.6.2.1202 - FILING OF PLANS AND SPECIFICATIONS-SEWERAGE SYSTEMS

Current through Register Vol. 35, No. 13, July 16, 2024
A. Any person proposing to construct a
				sewerage system or proposing to modify any sewerage system in a manner that
				will change substantially the quantity or quality of the discharge from the
				system shall file plans and specifications of the construction or modification
				with Ground Water Quality Bureau of the department for discharges that may
				affect ground water, and/or the Surface Water Quality Bureau of the department
				for discharges that may affect surface water. Modifications having a minor
				effect on the character of the discharge from sewerage systems shall be
				reported as of January 1 and June 30 of each year to the Ground Water Quality
				Bureau of the department for discharges that may affect ground water, or the
				Surface Water Quality Bureau of the department for discharges that may affect
				surface water.
B. Plans,
				specifications and reports required by this Section, if related to facilities
				for the production, refinement and pipeline transmission of oil and gas, or
				products thereof, shall be filed instead with the Oil Conservation
				Division.
C. Plans and
				specifications required to be filed under this Section must be filed prior to
				the commencement of construction.
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 6 - WATER QUALITY › Part 2 - GROUND AND SURFACE WATER PROTECTION › Section 20.6.2.1203 - NOTIFICATION OF DISCHARGE-REMOVAL

Current through Register Vol. 35, No. 13, July 16, 2024
A.
				With respect to any discharge from any facility of oil or other water
				contaminant, in such quantity as may with reasonable probability injure or be
				detrimental to human health, animal or plant life, or property, or unreasonably
				interfere with the public welfare or the use of property, the following
				notifications and corrective actions are required:
(1) As soon as possible after learning of
				such a discharge, but in no event more than twenty-four (24) hours thereafter,
				any person in charge of the facility shall orally notify the chief of the
				ground water quality bureau of the department, or the appropriate counterpart
				in any constituent agency delegated responsibility for enforcement of these
				rules as to any facility subject to such delegation. To the best of that
				person's knowledge, the following items of information shall be provided:
(a) the name, address, and telephone number
				of the person or persons in charge of the facility, as well as of the owner
				and/or operator of the facility;
(b) the name and address of the
				facility;
(c) the date, time,
				location, and duration of the discharge;
(d) the source and cause of
				discharge;
(e) a description of the
				discharge, including its chemical composition;
(f) the estimated volume of the discharge;
				and
(g) any actions taken to
				mitigate immediate damage from the discharge.
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 6 - WATER QUALITY › Part 2 - GROUND AND SURFACE WATER PROTECTION › Section 20.6.2.1210 - VARIANCE PETITIONS

Current through Register Vol. 35, No. 13, July 16, 2024
A. Any
				person seeking a variance pursuant to Subsection H of Section
				74-6-4 NMSA
				1978, shall do so by filing a written petition with the commission. The
				petitioner may submit with his petition any relevant documents or material
				which the petitioner believes would support his petition. Petitions shall:
(1) state the petitioner's name and
				address;
(2) state the date of the
				petition;
(3) describe the facility
				or activity for which the variance is sought;
(4) state the address or description of the
				property upon which the facility is located;
(5) describe the water body or watercourse
				affected by the discharge for which the variance is sought and provide
				information on uses of water that may be affected;
(6) identify the regulation of the commission
				from which the variance is sought;
(7) state in detail the extent to which the
				petitioner wishes to vary from the regulation;
(8) state why the petitioner believes that
				compliance with the regulation will impose an unreasonable burden upon his
				activity; and
(9) state in detail
				how any water pollution above standards will be abated; and
(10) state the period of time for which the
				variance is desired including all reasons, data, reports and any other
				information demonstrating that such time period is justified and
				reasonable.
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 6 - WATER QUALITY › Part 2 - GROUND AND SURFACE WATER PROTECTION › Section 20.6.2.1220 - PENALTIES ENFORCEMENT, COMPLIANCE ORDERS, PENALTIES, ASSURANCE OF DISCONTINUANCE

Current through Register Vol. 35, No. 13, July 16, 2024
Failure to comply with the Water Quality Act, or any
				  regulation or standard promulgated pursuant to the Water Quality Act is a
				  prohibited act. If the secretary determines that a person has violated or is
				  violating a requirement of the Water Quality Act or any regulation promulgated
				  thereunder or is exceeding any water quality standard or ground water standard
				  contained in Commission regulations, or is not complying with a condition or
				  provision of an approved or modified abatement plan, discharge plan, or permit
				  issued pursuant to the Water Quality Act, the secretary may issue a compliance
				  order, assess a penalty, commence a civil action in district court, or accept
				  an assurance of discontinuance in accordance with NMSA 1978, Section
				  74-6-10
				  of the Water Quality Act.
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 6 - WATER QUALITY › Part 2 - GROUND AND SURFACE WATER PROTECTION › Section 20.6.2.2001 - PROCEDURES FOR CERTIFICATION OF FEDERAL NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM (NPDES) PERMITS

Current through Register Vol. 35, No. 13, July 16, 2024
A.
				This section applies to the state certification of draft national pollutant
				discharge elimination system (NPDES) permits under Section 401 of the federal
				Clean Water Act. The purpose of such certification is to reasonably ensure that
				the permitted activities will be conducted in a manner that will comply with
				applicable water quality standards, including the antidegradation policy, and
				the statewide water quality management plan.
B. After review of a draft permit, the
				department will either:
(1) certify that the
				discharge will comply with the applicable provisions of Sections 208(e), 301,
				302, 303, 306 and 307 of the federal Clean Water Act and with appropriate
				requirements of state law;
(2)
				certify that the discharge will comply with the applicable provisions of
				Sections 208(e), 301, 302, 303, 306 and 307 of the Clean Water Act and with
				appropriate requirements of state law upon inclusion of specified conditions in
				the permit and include the justification for the conditions; or
(3) deny certification and include reasons
				for the denial. If the department does not act on the certification within the
				time prescribed by the federal permitting agency for such action, the authority
				to do so shall be waived.
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 6 - WATER QUALITY › Part 2 - GROUND AND SURFACE WATER PROTECTION › Section 20.6.2.2002 - PROCEDURES FOR CERTIFICATION OF FEDERAL PERMITS FOR DISCHARGE OF DREDGED OR FILL MATERIAL

Current through Register Vol. 35, No. 13, July 16, 2024
A. This
				section applies to the state certification of draft permits or permit
				applications for the discharge of dredged or fill material under Section 401 of
				the federal Clean Water Act. The purpose of such certification is to reasonably
				ensure that the permitted activities will be conducted in a manner that will
				comply with applicable water quality standards, including the antidegradation
				policy, and the statewide water quality management plan.
B. After review of a draft permit or permit
				application, the department will either:
(1)
				certify that the discharge will comply with the applicable provisions of
				Sections 301, 302, 303, 306 and 307 of the federal Clean Water Act and with
				appropriate requirements of state law;
(2) certify that the discharge will comply
				with the applicable provisions of Sections 301, 302, 303, 306 and 307 of the
				Clean Water Act and with appropriate requirements of state law upon inclusion
				of specified conditions in the permit and include the justification for the
				conditions; or
(3) deny
				certification and include reasons for the denial. If the department does not
				act on the certification within the time prescribed by the federal permitting
				agency for such action, the authority to do so shall be waived.
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 6 - WATER QUALITY › Part 2 - GROUND AND SURFACE WATER PROTECTION › Section 20.6.2.2003 - PROCEDURES FOR CERTIFICATION OF OTHER FEDERAL PERMITS

Current through Register Vol. 35, No. 13, July 16, 2024
A. This section applies to the state
				certification of draft federal permits, permit applications or licenses under
				Section 401 of the federal Clean Water Act, except for NPDES permits or permits
				for the discharge of dredged or fill material. For example, this section
				applies to certification of permits or licenses issued by the federal energy
				regulatory commission (FERC) and to permits or licenses issued under the Rivers
				and Harbors Act of 1899. The purpose of such certification is to reasonably
				ensure that the permitted activities will be conducted in a manner that will
				comply with applicable water quality standards, including the antidegradation
				policy, and the statewide water quality management plan.
B. After review of a draft permit, permit
				application or license, the department will either:
(1) certify that the activity will comply
				with the applicable provisions of Sections 301, 302, 303, 306 and 307 of the
				federal Clean Water Act and with appropriate requirements of state
				law;
(2) certify that the activity
				will comply with the applicable provisions of Sections 301, 302, 303, 306 and
				307 of the Clean Water Act and with appropriate requirements of state law upon
				inclusion of specified conditions in the permit and include the justification
				for the conditions; or
(3) deny
				certification and include reasons for the denial. If the department does not
				act on the certification within the time prescribed by the federal permitting
				agency for such action, the authority to do so shall be waived.
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 6 - WATER QUALITY › Part 2 - GROUND AND SURFACE WATER PROTECTION › Section 20.6.2.2100 - APPLICABILITY

Current through Register Vol. 35, No. 13, July 16, 2024
The requirements of Section
				  20.6.2.2101
				  and
				  20.6.2.2102
				  NMAC shall not apply to any discharge which is subject to a permit under the
				  National Pollutant Discharge Elimination System of P. L. 92-500; provided that
				  any discharger who is given written notice of National Pollutant Discharge
				  Elimination System permit violation from the Administrator of the Environmental
				  Protection Agency and who has not corrected the violation within thirty days of
				  receipt of said notice shall be subject to Section
				  20.6.2.2101
				  and
				  20.6.2.2102
				  NMAC until in compliance with the National Pollution Discharge Elimination
				  System permit conditions; provided further that nothing in this Part shall be
				  construed as a deterrent to action under Section
				  74-6-11
				  NMSA, 1978.
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 6 - WATER QUALITY › Part 2 - GROUND AND SURFACE WATER PROTECTION › Section 20.6.2.2101 - GENERAL REQUIREMENTS

Current through Register Vol. 35, No. 13, July 16, 2024
A.
				Except as otherwise provided in Sections 20.6.2.2000 through 20.6.2.2201 NMAC,
				no person shall cause or allow effluent to discharge to a watercourse if the
				effluent as indicated by:
(1) any two
				consecutive daily composite samples;
(2) more than one daily composite sample in
				any thirty-day period (in which less than ten (10) daily composite samples are
				examined);
(3) more than ten
				percent (10%) of the daily composite samples in any thirty-day period (in which
				ten (10) or more daily composite samples are examined); or
(4) a grab sample collected during flow from
				an intermittent or infrequent discharge does not conform to the following:
(a) Bio-chemical Oxygen Demand (BOD) Less
				than 30 mg/l
(b) Chemical Oxygen
				Demand (COD) Less than 125 mg/l
(c)
				Settleable Solids Less than 0.5 mg/l
(d) Fecal Coliform Bacteria Less than 500
				organisms per 100 ml
(e) pH Between
				6.6 and 8.6
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 6 - WATER QUALITY › Part 2 - GROUND AND SURFACE WATER PROTECTION › Section 20.6.2.2102 - RIO GRANDE BASIN-COMMUNITY SEWERAGE SYSTEMS

Current through Register Vol. 35, No. 13, July 16, 2024
A. No person shall cause or allow effluent
				from a community sewerage system to discharge to a watercourse in the Rio
				Grande Basin between the headwaters of Elephant Butte Reservoir and Angostura
				Diversion Dam as described in Subsection E of this Section if the effluent, as
				indicated by:
(1) any two consecutive daily
				composite samples;
(2) more than
				one daily composite sample in any thirty-day period (in which less than ten
				(10) daily composite samples are examined);
(3) more than ten percent (10%) of the daily
				composite samples in any thirty-day period (in which ten (10) or more daily
				composite samples are examined); or
(4) a grab sample collected during flow from
				an intermittent or infrequent discharge does not conform to the following:
(a) Bio-chemical Oxygen Demand (BOD) Less
				than 30 mg/l
(b) Chemical Oxygen
				Demand (COD) Less than 80 mg/l
(c)
				Settleable Solids Less than 0.1 mg/l
(d) Fecal Coliform Bacteria Less than 500
				organisms per 100 ml
(e) pH Between
				6.6 and 8.6
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 6 - WATER QUALITY › Part 2 - GROUND AND SURFACE WATER PROTECTION › Section 20.6.2.2201 - DISPOSAL OF REFUSE

Current through Register Vol. 35, No. 13, July 16, 2024
No person shall dispose of any refuse in a natural
				  watercourse or in a location and manner where there is a reasonable probability
				  that the refuse will be moved into a natural watercourse by leaching or
				  otherwise. Solids diverted from the stream and returned thereto are not subject
				  to abatement under this Section.
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 6 - WATER QUALITY › Part 2 - GROUND AND SURFACE WATER PROTECTION › Section 20.6.2.3101 - PURPOSE

Current through Register Vol. 35, No. 13, July 16, 2024
A. The purpose of
				Sections 20.6.2.3000 through 20.6.2.3114 NMAC controlling discharges onto or
				below the surface of the ground is to protect all ground water of the state of
				New Mexico which has an existing concentration of 10,000 mg/l or less TDS, for
				present and potential future use as domestic and agricultural water supply, and
				to protect those segments of surface waters which are gaining because of ground
				water inflow, for uses designated in the New Mexico Water Quality Standards.
				Sections 20.6.2.3000 through 20.6.2.3114 NMAC are written so that in general:
(1) if the existing concentration of any
				water contaminant in ground water is in conformance with the standard of
				20.6.2.3103 NMAC, degradation of the ground water up to the limit of the
				standard will be allowed; and
(2)
				if the existing concentration of any water contaminant in ground water exceeds
				the standard of Section 20.6.2.3103 NMAC, no degradation of the ground water
				beyond the existing concentration will be allowed.
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 6 - WATER QUALITY › Part 2 - GROUND AND SURFACE WATER PROTECTION › Section 20.6.2.3104 - DISCHARGE PERMIT REQUIRED

Current through Register Vol. 35, No. 13, July 16, 2024
Unless otherwise provided by this Part, no person shall cause
				  or allow effluent or leachate to discharge so that it may move directly or
				  indirectly into ground water unless he is discharging pursuant to a discharge
				  permit issued by the secretary. When a permit has been issued, discharges must
				  be consistent with the terms and conditions of the permit. In the event of a
				  transfer of the ownership, control, or possession of a facility for which a
				  discharge permit is in effect, the transferee shall have authority to discharge
				  under such permit, provided that the transferee has complied with Section
				  20.6.2.3111
				  NMAC, regarding transfers.
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 6 - WATER QUALITY › Part 2 - GROUND AND SURFACE WATER PROTECTION › Section 20.6.2.3107 - MONITORING, REPORTING, AND OTHER REQUIREMENTS

Current through Register Vol. 35, No. 13, July 16, 2024
A. Each discharge plan shall provide for the
				following as the secretary may require:
(1)
				the installation, use, and maintenance of effluent monitoring
				devices;
(2) the installation, use,
				and maintenance of monitoring devices for the ground water most likely to be
				affected by the discharge;
(3)
				monitoring in the vadose zone;
(4)
				continuation of monitoring after cessation of operations;
(5) periodic submission to the secretary of
				results obtained pursuant to any monitoring requirements in the discharge
				permit and the methods used to obtain these results;
(6) periodic reporting to the secretary of
				any other information that may be required as set forth in the discharge
				permit;
(7) the discharger to
				retain for a period of at least five years any monitoring data required in the
				discharge permit;
(8) a system of
				monitoring and reporting to verify that the permit is achieving the expected
				results;
(9) procedures for
				detecting failure of the discharge system;
(10) contingency plans to cope with failure
				of the discharge permit or system;
(11) a closure plan to prevent the exceedance
				of standards of
				20.6.2.3103
				NMAC in ground water after the cessation of operation which includes: a
				description of closure measures, maintenance and monitoring plans, post-closure
				maintenance and monitoring plans, financial assurance, and other measures
				necessary to prevent or abate such contamination; the obligation to implement
				the closure plan as well as the requirements of the closure plan, if any is
				required, survives the termination or expiration of the permit; a closure plan
				for any underground injection control well must also incorporate the applicable
				requirements of 20.6.2.5005, 20.6.2.5209, and
				20.6.2.5361
				NMAC.