New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 6 - WATER QUALITY › Part 6 - GROUND WATER PROTECTION - SUPPLEMENTAL PERMITTING REQUIREMENTS FOR DAIRY FACILITIES › Section 20.6.6.27 - CONTINGENCY REQUIREMENTS FOR ALL DAIRY FACILITIES

Current through Register Vol. 35, No. 13, July 16, 2024
A.
Exceedance of ground water standards
				- all monitoring wells .
If the constituent concentration in a ground
				water sample and in the next ground water sample collected from the same
				monitoring well intended to monitor a contamination source exceeds one or more
				of the ground water standards of 20.6.2.3103 NMAC and exceeds the concentration
				of such constituent(s) in a ground water sample collected from the upgradient
				monitoring well, or if the extent or magnitude of existing ground water
				contamination is significantly increasing, then the permittee shall take the
				following actions. For the purpose of this subsection, ground water samples
				obtained from the source monitoring well and the upgradient monitoring well
				that are used for comparison of constituent concentrations shall be collected
				within two days of each other, provided that if there is sufficient ground
				water quality data to demonstrate that samples from different periods should be
				compared, the department may allow such a comparison. If ground water quality
				data for the upgradient monitoring well are not submitted by the permittee, the
				ground water standards of 20.6.2.3103 NMAC shall be the applicable standard
				used to determine if the requirements of this subsection must be met. The
				contingency requirements of Paragraphs (1) and (2) of this subsection shall not
				apply if corrective action previously has been taken to address ground water
				contamination and constituent concentrations have stabilized or improved, but
				this exception shall no longer apply if a constituent concentration increases
				for two consecutive sampling events and exceeds its standard or the upgradient
				concentration. Once enacted the contingency requirements of this subsection
				apply until the permittee has fulfilled the requirements of this subsection and
				ground water monitoring pursuant to 20.6.6.23 NMAC confirms for a minimum of
				eight consecutive ground water sampling events that the standards of
				20.6.2.3103 NMAC are not exceeded and the total nitrogen concentration in
				ground water is less than or equal to 10 milligrams per liter or until the
				department requires an abatement plan pursuant to Paragraph (3) of this
				subsection.
(1) A corrective action plan
				shall be submitted within 120 days of the subsequent sample analysis date
				unless a petition for variance is fled in accordance with Paragraph (2) of this
				subsection. The corrective action plan shall describe any repairs made to
				address the cause of the exceedance, and propose source control measures and a
				schedule for implementation. The implementation schedule shall include a
				schedule of all proposed corrective action activities and the date that
				corrective action will be completed. The department shall approve or disapprove
				the corrective action plan within 60 days of receipt. Within 30 days of the
				date of postal notice of the department's approval of the corrective action
				plan, the permittee shall initiate implementation of the plan. 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 corrective action plan within 60 days of receipt. If the
				department does not approve the revised corrective action plan, or if the
				permittee fails to submit a revised plan as required by this subsection, the
				department may pursue enforcement actions authorized by Section
				74-6-10
				NMSA 1978.
(2) The permittee may
				investigate potential sources of contamination that may have caused a
				standard(s) to be exceeded. If such an investigation indicates that the source
				of the contamination is not the source intended to be monitored by the well,
				the permittee may petition within 120 days of the subsequent sample analysis
				date for a variance from the requirements of this section in accordance with
				20.6.2.1210 NMAC. It is the permittee's burden to prove any claim that the
				source of the contamination is not the source intended to be monitored by the
				well. If the petition is denied the permittee shall submit a corrective action
				plan meeting the requirements of Paragraph (1) of this subsection within 60
				days of the denial.
(3)The
				permittee may be required to submit an abatement plan proposal pursuant to
				20.6.2.4106 NMAC within 60 days of written notice from the department.
				Abatement shall be performed pursuant to 20.6.2.4101, 20.6.2.4103, 20.6.2.4104,
				and 20.6.2.4106 through 20.6.2.4115 NMAC.