reglab/statecodes huggingface dataset:
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 6 - WATER QUALITY › Part 2 - GROUND AND SURFACE WATER PROTECTION › Section 20.6.2.5301 - DEFINITIONS

Current through Register Vol. 35, No. 13, July 16, 2024
As used in
				  20.6.2.5300
				  through 20.6.2.5399 NMAC:
A.
				"
cone of influence
" means that area around the well within which
				increased injection zone pressures caused by injection into the hazardous waste
				injection well would be sufficient to drive fluids into groundwater of the
				state of New Mexico;
B.
				"
director
" means the director of the New Mexico energy, minerals
				and natural resources department, oil conservation division or his/her
				designee;
C. "
existing
				well
" means a Class I hazardous waste injection well which has become a
				Class I hazardous waste injection well as a result of a change in the
				definition of the injected waste which would render the waste hazardous under
				20.4.1.200 NMAC (incorporating
				40 C.F.R. Section
				261.3 );
D. "
groundwater of the state of New
				Mexico
" means, consistent with 20.6.2.5001 NMAC, an aquifer that
				contains ground water having a TDS concentration of 10,000 mg/l or less;
E. "
injection
				interval
" means that part of the injection zone in which the well is
				screened, or in which the waste is otherwise directly emplaced;
F. "
new well
" means any Class I
				hazardous waste injection well which is not an existing well;
G. "
transmissive fault or
				fracture
" is a fault or fracture that has sufficient permeability and
				vertical extent to allow fluids to move between formations.
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 6 - WATER QUALITY › Part 2 - GROUND AND SURFACE WATER PROTECTION › Section 20.6.2.5302 - FEES FOR CLASS I HAZARDOUS WASTE INJECTION WELLS

Current through Register Vol. 35, No. 13, July 16, 2024
For the purposes of Class I hazardous waste wells, this
				  section shall apply to the exclusion of
				  20.6.2.3114
				  NMAC.
A.
Filing Fee.
Every facility submitting a discharge permit application for approval
				of a Class I hazardous waste injection well shall pay a fling fee of $100 to
				the water quality management fund at the time the permit application is
				submitted. The fling fee is nonrefundable.
B.
Permit fee.
(1) Every facility submitting a discharge
				permit application for approval of a Class I hazardous waste injection well
				shall pay a permit fee of $30,000 to the water quality management fund. The
				permit fee may be paid in a single payment at the time of permit approval or in
				equal installments over the term of the permit. Installment payments shall be
				remitted yearly, with the first installment due on the date of permit approval.
				Subsequent installments shall be remitted yearly thereafter. The permit or
				permit application review of any facility shall be suspended or terminated if
				the facility fails to submit an installment payment by its due date.
(2) Facilities applying for permits which are
				subsequently withdrawn or denied shall pay one-half of the permit fee at the
				time of denial or withdrawal.
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 6 - WATER QUALITY › Part 2 - GROUND AND SURFACE WATER PROTECTION › Section 20.6.2.5303 - CONVERSION OF EXISTING INJECTION WELLS

Current through Register Vol. 35, No. 13, July 16, 2024
An existing Class I non-hazardous waste injection well may be
				  converted to a Class I hazardous waste injection well provided the well meets
				  the modeling, design, compatibility, and other requirements set forth in
				  20.6.2.5300
				  through 20.6.2.5399 NMAC and the permittee receives a Class I hazardous waste
				  permit pursuant to those sections.
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 6 - WATER QUALITY › Part 2 - GROUND AND SURFACE WATER PROTECTION › Section 20.6.2.5310 - REQUIREMENTS FOR WELLS INJECTING HAZARDOUS WASTE REQUIRED TO BE ACCOMPANIED BY A MANIFEST

Current through Register Vol. 35, No. 13, July 16, 2024
A.
Applicability
. The regulations in this section apply to all
				generators of hazardous waste, and to the owners or operators of all hazardous
				waste management facilities, using any class of well to inject hazardous wastes
				accompanied by a manifest. (See also Subparagraph (b) of Paragraph (3) of
				Subsection A of 20.6.2.5004 NMAC.)
B.
Authorization
. The owner
				or operator of any well that is used to inject hazardous waste required to be
				accompanied by a manifest or delivery document shall apply for authorization to
				inject as specified in 20.6.2.5102 NMAC within six months after the approval or
				promulgation of the state UIC program.
C.
Requirements
. In addition
				to complying with the applicable requirements of this part, the owner or
				operator of each facility meeting the requirements of Subsection B of this
				section, shall comply with the following.
(1)
notification
. The owner or operator shall comply with the
				notification requirements of
				42 U.S.C. Section
				6930.
(2)
identification number
.
				The owner or operator shall comply with the requirements of 20.4.1.500 NMAC
				(incorporating
				40 CFR Section
				264.11 ).
(3)
Manifest system
. The
				owner or operator shall comply with the applicable recordkeeping and reporting
				requirements for manifested wastes in 20.4.1.500 NMAC (incorporating
				40 CFR Section
				264.71 ).
(4)
Manifest discrepancies
.
				The owner or operator shall comply with 20.4.1.500 NMAC (incorporating
				40 CFR Section
				264.72 ).
(5)
Operating record
. The
				owner or operator shall comply with 20.4.1.500 NMAC (incorporating
				40 CFR Sections
				264.73(a), (b)(1), and
				(b)(2) ).
(6)
Annual report
. The owner
				or operator shall comply with 20.4.1.500 NMAC (incorporating
				40 CFR Section
				264.75 ).
(7)
Unmanifiested waste
				report
. The owner or operator shall comply with 20.4.1.500 NMAC
				(incorporating
				40 CFR Section
				264.75 ).
(8)
Personnel training
. The
				owner or operator shall comply with the applicable personnel training
				requirements of 20.4.1.500 NMAC (incorporating
				40 CFR Section
				264.16 ).
(9)
certification of
				closure
. When abandonment is completed, the owner or operator must
				submit to the director certification by the owner or operator and certification
				by an independent registered professional engineer that the facility has been
				closed in accordance with the specifications in 20.6.2.5209 NMAC.
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 6 - WATER QUALITY › Part 2 - GROUND AND SURFACE WATER PROTECTION › Section 20.6.2.5320 - ADOPTION OF 40 CFR PART 144, SUBPART F (FINANCIAL RESPONSIBILITY: CLASS I HAZARDOUS WASTE INJECTION WELLS)

Current through Register Vol. 35, No. 13, July 16, 2024
Except as otherwise provided, the regulations of the United
				  States environmental protection agency set forth in 40 CFR Part 144, Subpart F
				  are hereby incorporated by reference.
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 6 - WATER QUALITY › Part 2 - GROUND AND SURFACE WATER PROTECTION › Section 20.6.2.5321 - MODIFICATIONS, EXCEPTIONS, AND OMISSIONS

Current through Register Vol. 35, No. 13, July 16, 2024
Except as otherwise provided, the following modifications,
				  exceptions, and omissions are made to the incorporated federal
				  regulations.
A. The following term
				defined in
				40 CFR Section
				144.61 has the meaning set forth herein, in
				lieu of the meaning set forth in
				40 CFR Section
				144.61: "plugging and abandonment plan" means
				the plan for plugging and abandonment prepared in accordance with the
				requirements of 20.6.2.5341 NMAC.
B. The following terms not defined in 40 CFR
				Part 144, Subsection F have the meanings set forth herein when the terms are
				used in this part:
(1) "administrator,"
				"regional administrator" and other similar variations means the director of the
				New Mexico energy, minerals and natural resources department, oil conservation
				division or his/her designee;
(2)
				"United States environmental protection agency" or "EPA" means New Mexico
				energy, minerals and natural resources department, oil conservation division or
				OCD, except when used in
				40 CFR Section
				144.70(f).
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 6 - WATER QUALITY › Part 2 - GROUND AND SURFACE WATER PROTECTION › Section 20.6.2.5342 - ESTABLISHING PERMIT CONDITIONS

Current through Register Vol. 35, No. 13, July 16, 2024
A.
				In addition to conditions required in 20.6.2.5341 NMAC, the director shall
				establish conditions, as required on a case-by-case basis under Subsection H of
				20.6.2.3109 NMAC, Subsection A of 20.6.2.5343 NMAC, and 20.6.2.5344 NMAC.
				Permits for owners or operators of hazardous waste injection wells shall also
				include conditions meeting the requirements of 20.6.2.5310 NMAC, Paragraphs (1)
				and (2) of Subsection A of this section, and 20.6.2.5351 through 20.6.2.5363
				NMAC.
(1)
Financial
				responsibility.
(a) The permittee,
				including the transferor of a permit, is required to demonstrate and maintain
				financial responsibility and resources to close, plug, and abandon the
				underground injection operation in a manner prescribed by the director until:
(i) the well has been plugged and abandoned
				in accordance with an approved plugging and abandonment plan pursuant to
				Subsection P of 20.6.2.5341 NMAC, and 20.6.2.5209 NMAC, and submitted a
				plugging and abandonment report pursuant to Subsection Q of 20.6.2.5341 NMAC;
				or
(ii) the well has been converted
				in compliance with the requirements of Subsection O of 20.6.2.5341 NMAC;
				or
(iii) the transferor of a permit
				has received notice from the director that the transfer has been approved and
				that the transferee's required financial assurance is in place.
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 6 - WATER QUALITY › Part 2 - GROUND AND SURFACE WATER PROTECTION › Section 20.6.2.5343 - SCHEDULE OF COMPLIANCE

Current through Register Vol. 35, No. 13, July 16, 2024
A.
General.
The permit may, when appropriate, specify a schedule
				of compliance leading to compliance with this part.
(1)
Time for compliance.
Any
				schedules of compliance shall require compliance as soon as possible, and in no
				case later than three years after the effective date of the permit.
(2)
Interim dates.
Except as
				provided in Subparagraph (b) of Paragraph (1) of Subsection B of this section,
				if a permit establishes a schedule of compliance which exceeds one year from
				the date of permit issuance, the schedule shall set forth interim requirements
				and the dates for their achievement.
(a) The
				time between interim dates shall not exceed one year.
(b) If the time necessary for completion of
				any interim requirement is more than one year and is not readily divisible into
				stages for completion, the permit shall specify interim dates for the
				submission of reports of progress toward completion of the interim requirements
				and indicate a projected completion date.
(3)
Reporting.
The permit
				shall be written to require that if Paragraph (1) of Subsection A of this
				section is applicable, progress reports be submitted no later than 30 days
				following each interim date and the final date of compliance.
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 6 - WATER QUALITY › Part 2 - GROUND AND SURFACE WATER PROTECTION › Section 20.6.2.5344 - REQUIERMENTS FOR RECORDING AND REPORTING OF MONITORING RESULTS

Current through Register Vol. 35, No. 13, July 16, 2024
All permits shall specify:
A. requirements concerning the proper use,
				maintenance, and installation, when appropriate, of monitoring equipment or
				methods (including biological monitoring methods when appropriate);
B. required monitoring including type,
				intervals, and frequency sufficient to yield data which are representative of
				the monitored activity including when appropriate, continuous
				monitoring;
C. applicable reporting
				requirements based upon the impact of the regulated activity and as specified
				in 20.6.2.5359 NMAC; reporting shall be no less frequent than specified in the
				above regulations.
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 6 - WATER QUALITY › Part 2 - GROUND AND SURFACE WATER PROTECTION › Section 20.6.2.5351 - APPLICABILITY

Current through Register Vol. 35, No. 13, July 16, 2024
20.6.2.5351 through 20.6.2.5363 NMAC establish criteria and
				  standards for underground injection control programs to regulate Class I
				  hazardous waste injection wells. Unless otherwise noted, these sections
				  supplement the requirements of
				  20.6.2.5000
				  through 20.6.2.5299 NMAC and apply instead of any inconsistent requirements for
				  Class I non-hazardous waste injection wells.
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 6 - WATER QUALITY › Part 2 - GROUND AND SURFACE WATER PROTECTION › Section 20.6.2.5352 - MINIMUM CRITERIA FOR SITING

Current through Register Vol. 35, No. 13, July 16, 2024
A.
				All Class I hazardous waste injection wells shall be sited such that they
				inject into a formation that is beneath the lowermost formation containing
				within one quarter mile of the well bore groundwater of the state of New
				Mexico.
B. The siting of Class I
				hazardous waste injection wells shall be limited to areas that are geologically
				suitable. The director shall determine geologic suitability based upon:
(1) an analysis of the structural and
				stratigraphic geology, the hydrogeology, and the seismicity of the
				region;
(2) an analysis of the
				local geology and hydrogeology of the well site, including, at a minimum,
				detailed information regarding stratigraphy, structure and rock properties,
				aquifer hydrodynamics and mineral resources; and
(3) a determination that the geology of the
				area can be described confidently and that limits of waste fate and transport
				can be accurately predicted through the use of models.
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 6 - WATER QUALITY › Part 2 - GROUND AND SURFACE WATER PROTECTION › Section 20.6.2.5353 - AREA OF REVIEW

Current through Register Vol. 35, No. 13, July 16, 2024
For the purposes of Class I hazardous waste wells, this
				  section shall apply to the exclusion of
				  20.6.2.5202 NMAC.
				  The area of review for Class I hazardous waste injection wells shall be a
				  two-mile radius around the well bore. The director may specify a larger area of
				  review based on the calculated cone of influence of the well.
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 6 - WATER QUALITY › Part 2 - GROUND AND SURFACE WATER PROTECTION › Section 20.6.2.5354 - CORRECTIVE ACTION FOR WELLS IN THE AREA OF REVIEW

Current through Register Vol. 35, No. 13, July 16, 2024
For the purposes of Class I hazardous waste wells, this
				  section shall apply to the exclusion of
				  20.6.2.5203
				  NMAC.
A. The owner or operator of a
				Class I hazardous waste well shall as part of the permit application submit a
				plan to the director outlining the protocol used to:
(1) identify all wells penetrating the
				confining zone or injection zone within the area of review; and
(2) determine whether wells are adequately
				completed or plugged.
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 6 - WATER QUALITY › Part 2 - GROUND AND SURFACE WATER PROTECTION › Section 20.6.2.5355 - CONSTRUCTION REQUIREMENTS

Current through Register Vol. 35, No. 13, July 16, 2024
A.
General.
All existing and new Class I hazardous waste
				injection wells shall be constructed and completed to:
(1) prevent the movement of fluids into or
				between groundwater of the state of New Mexico or into any unauthorized
				zones;
(2) permit the use of
				appropriate testing devices and workover tools; and
(3) permit continuous monitoring of injection
				tubing and long string casing as required pursuant to Subsection F of
				20.6.2.5357 NMAC.
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 6 - WATER QUALITY › Part 2 - GROUND AND SURFACE WATER PROTECTION › Section 20.6.2.5356 - LOGGING, SAMPLING, AND TESTING PRIOR TO NEW WELL OPERATION

Current through Register Vol. 35, No. 13, July 16, 2024
A. During the
				drilling and construction of a new Class I hazardous waste injection well,
				appropriate logs and tests shall be run to determine or verify the depth,
				thickness, porosity, permeability, and rock type of, and the salinity of any
				entrained fluids in, all relevant geologic units to assure conformance with
				performance standards in 20.6.2.5355 NMAC, and to establish accurate baseline
				data against which future measurements may be compared. A descriptive report
				interpreting results of such logs and tests shall be prepared by a
				knowledgeable log analyst and submitted to the director. At a minimum, such
				logs and tests shall include:
(1) deviation
				checks during drilling on all holes constructed by drilling pilot holes which
				are enlarged by reaming or another method; such checks shall be at sufficiently
				frequent intervals to determine the location of the borehole and to assure that
				vertical avenues for fluid movement in the form of diverging holes are not
				created during drilling; and
(2)
				such other logs and tests as may be needed after taking into account the
				availability of similar data in the area of the drilling site, the construction
				plan, and the need for additional information that may arise from time to time
				as the construction of the well progresses; at a minimum, the following logs
				shall be required in the following situations:
(a) upon installation of the surface casing:
(i) resistivity, spontaneous potential, and
				caliper logs before the casing is installed; and
(ii) a cement bond and variable density log,
				and a temperature log after the casing is set and cemented;
(b) upon installation of the long
				string casing:
(i) resistivity, spontaneous
				potential, porosity, caliper, gamma ray, and fracture finder logs before the
				casing is installed; and
(ii) a
				cement bond and variable density log, and a temperature log after the casing is
				set and cemented;
(c)
				the director may allow the use of an alternative to the above logs when an
				alternative will provide equivalent or better information; and
(3) a mechanical integrity test
				consisting of:
(a) a pressure test with
				liquid or gas;
(b) a radioactive
				tracer survey;
(c) a temperature or
				noise log;
(d) a casing inspection
				log, if required by the director; and
(e) any other test required by the
				director.
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 6 - WATER QUALITY › Part 2 - GROUND AND SURFACE WATER PROTECTION › Section 20.6.2.5357 - OPERATING REQUIREMENTS

Current through Register Vol. 35, No. 13, July 16, 2024
A.
				Except during stimulation, the owner or operator shall assure that injection
				pressure at the wellhead does not exceed a maximum which shall be calculated so
				as to assure that the pressure in the injection zone during injection does not
				initiate new fractures or propagate existing fractures in the injection zone.
				The owner or operator shall assure that the injection pressure does not
				initiate fractures or propagate existing fractures in the confining zone, nor
				cause the movement of injection or formation fluids into groundwater of the
				state of New Mexico.
B. Injection
				between the outermost casing protecting groundwater of the state of New Mexico
				and the well bore is prohibited.
C.
				The owner or operator shall maintain an annulus pressure that exceeds the
				operating injection pressure, unless the director determines that such a
				requirement might harm the integrity of the well. The fluid in the annulus
				shall be noncorrosive, or shall contain a corrosion inhibitor.
D. The owner or operator shall maintain
				mechanical integrity of the injection well at all times.
E. Permit requirements for owners or
				operators of hazardous waste wells which inject wastes which have the potential
				to react with the injection formation to generate gases shall include:
(1) conditions limiting the temperature, pH
				or acidity of the injected waste; and
(2) procedures necessary to assure that
				pressure imbalances which might cause a backflow or blowout do not
				occur.
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 6 - WATER QUALITY › Part 2 - GROUND AND SURFACE WATER PROTECTION › Section 20.6.2.5358 - TESTING AND MONITORING REQUIREMENTS

Current through Register Vol. 35, No. 13, July 16, 2024
Testing and monitoring requirements shall at a minimum
				  include.
A. Monitoring of the injected
				wastes.
(1) The owner or operator shall
				develop and follow an approved written waste analysis plan that describes the
				procedures to be carried out to obtain a detailed chemical and physical
				analysis of a representative sample of the waste, including the quality
				assurance procedures used. At a minimum, the plan shall specify:
(a) the parameters for which the waste will
				be analyzed and the rationale for the selection of these parameters;
(b) the test methods that will be used to
				test for these parameters; and
(c)
				the sampling method that will be used to obtain a representative sample of the
				waste to be analyzed.
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 6 - WATER QUALITY › Part 2 - GROUND AND SURFACE WATER PROTECTION › Section 20.6.2.5359 - REPORTING REQUIREMENTS

Current through Register Vol. 35, No. 13, July 16, 2024
Reporting requirements shall, at a minimum, include:
A. quarterly reports to the director
				containing:
(1) the maximum injection
				pressure;
(2) a description of any
				event that exceeds operating parameters for annulus pressure or injection
				pressure as specified in the permit;
(3) a description of any event which triggers
				an alarm or shutdown device required pursuant to Subsection F of 20.6.2.5357
				NMAC and the response taken;
(4)
				the total volume of fluid injected;
(5) any change in the annular fluid
				volume;
(6) the physical, chemical
				and other relevant characteristics of injected fluids; and
(7) the results of monitoring prescribed
				under 20.6.2.5358 NMAC;
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 6 - WATER QUALITY › Part 2 - GROUND AND SURFACE WATER PROTECTION › Section 20.6.2.5361 - CLOSURE

Current through Register Vol. 35, No. 13, July 16, 2024
A.
Closure
				plan.
The owner or operator of a Class I hazardous waste injection
				well shall prepare, maintain, and comply with a plan for closure of the well
				that meets the requirements of Subsection D of this section and is acceptable
				to the director. The obligation to implement the closure plan survives the
				termination of a permit or the cessation of injection activities. The
				requirement to maintain and implement an approved plan is directly enforceable
				regardless of whether the requirement is a condition of the permit.
(1) The owner or operator shall submit the
				plan as a part of the permit application and, upon approval by the director,
				such plan shall be a condition of any permit issued.
(2) The owner or operator shall submit any
				proposed significant revision to the method of closure reflected in the plan
				for approval by the director no later than the date on which notice of closure
				is required to be submitted to the director under Subsection B of this
				section.
(3) The plan shall assure
				financial responsibility as required in Paragraph (1) of Subsection A of
				20.6.2.5342 NMAC.
(4) The plan
				shall include the following information:
(a)
				the type and number of plugs to be used;
(b) the placement of each plug including the
				elevation of the top and bottom of each plug;
(c) the type and grade and quantity of
				material to be used in plugging;
(d) the method of placement of the
				plugs;
(e) any proposed test or
				measure to be made;
(f) the amount,
				size, and location (by depth) of casing and any other materials to be left in
				the well;
(g) the method and
				location where casing is to be parted, if applicable;
(h) the procedure to be used to meet the
				requirements of Paragraph (5) of Subsection D of this section;
(i) the estimated cost of closure;
				and
(j) any proposed test or
				measure to be made.
(5)
				The director may modify a closure plan following the procedures of 20.6.2.3109
				NMAC.
(6) An owner or operator of a
				Class I hazardous waste injection well who ceases injection temporarily, may
				keep the well open provided he:
(a) has
				received authorization from the director; and
(b) has described actions or procedures,
				satisfactory to the director, that the owner or operator will take to ensure
				that the well will not endanger groundwater of the state of New Mexico during
				the period of temporary disuse; these actions and procedures shall include
				compliance with the technical requirements applicable to active injection wells
				unless waived by the director.
(7) The owner or operator of a well that has
				ceased operations for more than two years shall notify the director 30 days
				prior to resuming operation of the well.
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 6 - WATER QUALITY › Part 2 - GROUND AND SURFACE WATER PROTECTION › Section 20.6.2.5362 - POST-CLOSURE CARE

Current through Register Vol. 35, No. 13, July 16, 2024
A. The owner or
				operator of a Class I hazardous waste well shall prepare, maintain, and comply
				with a plan for post-closure care that meets the requirements of Subsection B
				of this section and is acceptable to the director. The obligation to implement
				the post-closure plan survives the termination of a permit or the cessation of
				injection activities. The requirement to maintain an approved plan is directly
				enforceable regardless of whether the requirement is a condition of the permit.
(1) The owner or operator shall submit the
				plan as a part of the permit application and, upon approval by the director,
				such plan shall be a condition of any permit issued.
(2) The owner or operator shall submit any
				proposed significant revision to the plan as appropriate over the life of the
				well, but no later than the date of the closure report required under
				Subsection C of 20.6.2.5361 NMAC.
(3) The plan shall assure financial
				responsibility as required in 20.6.2.5363 NMAC.
(4) The plan shall include the following
				information:
(a) the pressure in the
				injection zone before injection began;
(b) the anticipated pressure in the injection
				zone at the time of closure;
(c)
				the predicted time until pressure in the injection zone decays to the point
				that the well's cone of influence no longer intersects the base of the
				lowermost groundwater of the state of New Mexico;
(d) predicted position of the waste front at
				closure;
(e) the status of any
				cleanups required under 20.6.2.5354 NMAC; and
(f) the estimated cost of proposed
				post-closure care.
(5)
				At the request of the owner or operator, or on his own initiative, the director
				may modify the post-closure plan after submission of the closure report
				following the procedures in 20.6.2.3109 NMAC.
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 6 - WATER QUALITY › Part 2 - GROUND AND SURFACE WATER PROTECTION › Section 20.6.2.5363 - FINANCIAL RESPONSIBILITY FOR POST-CLOSURE CARE

Current through Register Vol. 35, No. 13, July 16, 2024
The owner or operator shall demonstrate and maintain
				  financial responsibility for post-closure by using a trust fund, surety bond,
				  letter of credit, financial test, insurance or corporate guarantee that meets
				  the specifications for the mechanisms and instruments revised as appropriate to
				  cover closure and post-closure care in
				  20.6.2.5320
				  NMAC. The amount of the funds available shall be no less than the amount
				  identified in Subparagraph (f) of Paragraph (4) of Subsection A of
				  20.6.2.5362
				  NMAC. The obligation to maintain financial responsibility for post-closure care
				  survives the termination of a permit or the cessation of injection. The
				  requirement to maintain financial responsibility is enforceable regardless of
				  whether the requirement is a condition of the permit.
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 6 - WATER QUALITY › Part 3 - VOLUNTARY REMEDIATION › Section 20.6.3.2 - SCOPE

Current through Register Vol. 35, No. 13, July 16, 2024
This Part provides for the expeditious, voluntary cleanup of
				  contaminated properties in New Mexico in a manner that is protective of human
				  health and the environment, and the promotion of their redevelopment and
				  productive use.
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 6 - WATER QUALITY › Part 3 - VOLUNTARY REMEDIATION › Section 20.6.3.3 - STATUTORY AUTHORITY

Current through Register Vol. 35, No. 13, July 16, 2024
These regulations are promulgated pursuant to the provisions
				  of the Voluntary Remediation Act, NMSA 1978, Sections
				  74-4G-1 et
				  seq.
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 6 - WATER QUALITY › Part 3 - VOLUNTARY REMEDIATION › Section 20.6.3.5 - EFFECTIVE DATE

Current through Register Vol. 35, No. 13, July 16, 2024
These regulations are effective as of July 15, 1999 unless a
				  later date is cited at the end of a Section or Paragraph.
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 6 - WATER QUALITY › Part 3 - VOLUNTARY REMEDIATION › Section 20.6.3.6 - OBJECTIVE

Current through Register Vol. 35, No. 13, July 16, 2024
The objective of Part 3 of Chapter 6 is:
A. to implement the Voluntary Remediation
				Act, NMSA 1978, Sections
				74-4G-1 et
				seq.;
B. to provide incentives for
				the voluntary assessment and remediation of contaminated property, with state
				oversight; and
C. to remove future
				liability of lenders and landowners.
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 6 - WATER QUALITY › Part 3 - VOLUNTARY REMEDIATION › Section 20.6.3.7 - DEFINITIONS

Current through Register Vol. 35, No. 13, July 16, 2024
The words and phrases used in this Part have the same meaning
				  as in The Voluntary Remediation Act, NMSA 1978, Sections
				  74-4G-1 et
				  seq. As used in this Part:
A. "Act"
				means the Voluntary Remediation Act, NMSA 1978, Sections
				74-4G-1 et
				seq.
B. "background" means, for
				purposes of the voluntary remediation program only and for no other purposes in
				this Part and any other regulations, including but not limited to surface water
				standards, the amount of contaminants naturally occurring from undisturbed
				geologic sources or contaminants which the participant establishes are
				occurring solely from a source other than the participant's facility. This
				definition does not apply to any other program area in the department, nor
				shall this definition be interpreted as applicable to any other program area,
				and this definition shall not prevent the secretary from requiring remediation
				of commingled plumes of pollution, shall not prevent participants from seeking
				contribution or other legal or equitable relief from other persons, and shall
				not preclude the secretary from exercising enforcement authority under any
				applicable statute, regulation or common law.
C. "facility" means any structure,
				installation, operation, storage tank, transmission line, motor vehicle,
				rolling stock, or activity of any kind, whether stationary or mobile;
D. "notice of violation" means a notice that
				alleges one or more violations of law and describes actions that should or must
				be taken to avoid an enforcement action;
E. "owner" means the person or persons who
				own a facility, or part of a facility;
F. "operator" means the person or persons
				responsible for the overall operations of a facility;
G. "secretary" means the Secretary of the New
				Mexico Environment Department or his or her designee;
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 6 - WATER QUALITY › Part 3 - VOLUNTARY REMEDIATION › Section 20.6.3.8 - COMPLIANCE WITH OTHER LAW

Current through Register Vol. 35, No. 13, July 16, 2024
Compliance with this Part does not relieve a person from the
				  obligation to comply with other applicable federal, state and local
				  law.
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 6 - WATER QUALITY › Part 3 - VOLUNTARY REMEDIATION › Section 20.6.3.9 - VOLUNTARY REMEDIATION ACTIVITIES

Current through Register Vol. 35, No. 13, July 16, 2024
Voluntary remediation activities may include, but are not
				  limited to:
A. research to establish
				the history of ownership, release(s), contaminant use, storage, and management,
				and environmental permits and compliance;
B. research and subsurface investigations,
				including intrusive and non-intrusive techniques, to assess the site's
				hydrogeologic characteristics;
C.
				the collection and analysis of soil, sediment, surface water, ground water,
				soil gas, atmospheric, indoor air, and/or biological samples;
D. assessment of the nature and extent,
				migration pathways, and environmental fate and transport of
				contaminants;
E. performance of a
				human health and ecological risk assessment;
F. installation of waste or product recovery
				and water treatment systems;
G.
				installation of soil vapor extraction or other vadose zone remediation
				systems;
H. removal and on- or
				off-site treatment, recycling, or reuse of contaminated media;
I. removal of the contents of, or removal of,
				drums, barrels, tanks, or other bulk containers which contain or may contain
				contaminants;
J. capping or
				covering of contaminated media;
K.
				other measures to mitigate human health and ecological receptors' potential
				exposures and risks;
L.
				post-remediation verification sampling and/or monitoring; and
M. any other remediation action consistent
				with the purpose of achieving the performance standard of Subpart I, Section
				110 of this Part.
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 6 - WATER QUALITY › Part 3 - VOLUNTARY REMEDIATION › Section 20.6.3.10 - PERFORMANCE STANDARD AND ASSOCIATED REQUIREMENTS

Current through Register Vol. 35, No. 13, July 16, 2024
A. Activities performed pursuant to the Act
				shall be designed to collect, develop, and evaluate sufficient information to
				support proposed conclusions regarding:
(1)
				the source, nature and extent, migration pathways, and environmental fate and
				transport of contaminants in all environmental media present at the site (i.e.,
				soil, ground water, surface water, sediment, and/or air);
(2) the risk of harm posed by the site to
				human health, safety, and the environment;
(3) the need to conduct remedial actions at
				the site to safeguard against such risks; and
(4) the remedial action selection and design,
				if appropriate.
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 6 - WATER QUALITY › Part 3 - VOLUNTARY REMEDIATION › Section 20.6.3.200 - APPLICATION FOR DETERMINATION OF ELIGIBILITY, AND FEE

Current through Register Vol. 35, No. 13, July 16, 2024
A. Eligibility:
(1) To be eligible for a voluntary
				remediation agreement an applicant must:
(a)
				own the site;
(b) operate a
				facility located on the site;
(c)
				be a prospective owner of the site; or
(d) be a prospective operator of a facility
				at the site.
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 6 - WATER QUALITY › Part 3 - VOLUNTARY REMEDIATION › Section 20.6.3.400 - VOLUNTARY REMEDIATION WORK PLAN

Current through Register Vol. 35, No. 13, July 16, 2024
A. Applicability: Unless the participant
				demonstrates that further investigation and/or cleanup are not required in
				order to comply with the performance standard described in Subpart I, Section
				110 of this Part [20.6.3.10 NMAC], after a voluntary remediation agreement
				becomes effective, the participant shall submit to the department a proposed
				final voluntary remediation work plan for the site remediation.
B. Content: The final voluntary remediation
				work plan shall provide a detailed description of voluntary remediation
				activities to be undertaken to achieve the performance standard described in
				Subpart I, Section 110 of this part [20.6.3.10 NMAC]. At a minimum, the final
				voluntary remediation work plan shall include:
(1) a summary of site and contaminant use,
				storage, disposal, and release history, and the site investigation work
				performed to date;
(2) A detailed
				description, including plans and sketches, of any additional investigation to
				be conducted to determine the type, nature and extent of contaminants at the
				site, including but not limited to: location and type of sample, sample
				collection techniques, monitoring techniques, sample analytical methods, and
				quality assurance/quality control methods;
(3) contaminants and media (including but not
				limited to air, surface water, groundwater, soil, and facility structures) to
				be addressed by the remediation;
(4) a statement of work to accomplish
				remediation of the site, and the method to reach the performance standard
				described in Subpart I, Section 110 of this Part [20.6.3.10 NMAC];
(5) a monitoring plan to be implemented
				during the duration of remediation activities, if applicable;
(6) confirmatory sampling and analytical
				methods to verify that remediation of the site has met the performance standard
				described in Subpart I, Section 110 of this Part [20.6.3.10 NMAC];
(7) post completion monitoring and
				maintenance to ensure that the closure conditions, including any engineering
				controls or affirmation of future non-residential land use upon which the final
				remedy is dependent, are maintained after completion, if applicable;
(8) an implementation schedule for all
				identified investigation and remediation tasks;
(9) a site-specific health and safety plan
				that complies with all applicable standards and guidelines;
(10) a plan describing the proposed
				management of investigation and remediation derived wastes, if
				applicable;
(11) copies of, or a
				schedule for obtaining, all necessary and applicable permits and access
				agreements required to accomplish remediation of the site; and
(12) any other pertinent information
				requested by the department which is reasonably necessary to meet the
				requirements of these regulations.
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 6 - WATER QUALITY › Part 3 - VOLUNTARY REMEDIATION › Section 20.6.3.500 - CERTIFICATE OF COMPLETION

Current through Register Vol. 35, No. 13, July 16, 2024
A.
				Applicability:
(1) If the participant files
				with the department a signed Affidavit of Completion of Voluntary Remediation,
				and the secretary determines that a participant has successfully complied with
				the voluntary remediation agreement and the site conditions meet the applicable
				standards, the secretary shall issue the participant a certificate of
				completion.
(2) For voluntary
				remediation activities completed on a portion of a site, the certificate of
				completion shall pertain only to that specific portion of the site, and shall
				include a legal description of that area.
(3) If the remediation requires
				post-completion monitoring, maintenance of engineering controls, remediation
				systems, post-closure care, or an affirmation of future non-residential land
				use, and the participant is satisfactorily implementing these requirements, the
				secretary may issue a conditional certificate of completion. To keep a
				conditional certificate of completion valid, the participant must
				satisfactorily continue to implement and maintain the necessary monitoring,
				engineering controls, remediation systems, post-closure care, and affirmation
				of future non-residential land use upon which the final remedy is
				dependent.
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 6 - WATER QUALITY › Part 3 - VOLUNTARY REMEDIATION › Section 20.6.3.600 - COVENANT NOT TO SUE

Current through Register Vol. 35, No. 13, July 16, 2024
A.
				Applicability: After the secretary issues a certificate of completion or a
				conditional certificate of completion for a site, the secretary shall provide a
				covenant not to sue to a purchaser or prospective purchaser of the site that
				did not contribute to the site contamination, for any direct liability,
				including future liability for claims based upon the contamination covered by
				the agreement and over which the department has authority. Except as may be
				provided under federal law or as may be agreed to by a federal government
				entity, the covenant not to sue shall not release or otherwise apply to claims
				by the federal government for claims based on federal law. Except as may be
				agreed to by another department or agency of the state, the covenant not to sue
				shall not release or otherwise apply to claims of any other office, department
				or agency of the State. Except as may be agreed to by a third party, the
				covenant not to sue shall not release or otherwise affect a person's liability
				to third parties.
B. Reservation of
				Rights: The department expressly reserves the right to take any action,
				including any enforcement action, to address any contamination not covered by
				the voluntary remediation agreement, including any release of a contaminant
				that occurs after issuance of the certificate of completion, or any release of
				a contaminant not covered by the voluntary remediation agreement. The
				secretary's covenant not to sue under this part shall not apply to any such
				release.
C. Transferability: The
				secretary's covenant not to sue under this part shall be transferable with
				title to the site, unless the title is transferred to a party who has
				contributed to the site contamination, or is an officer, director, parent,
				subsidiary, affiliate, partner, managing agent, or employee thereof.
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 6 - WATER QUALITY › Part 3 - VOLUNTARY REMEDIATION › Section 20.6.3.700 - RESCISSION

Current through Register Vol. 35, No. 13, July 16, 2024
The Secretary may rescind a certificate of completion,
				  conditional certificate of completion, or a covenant not to sue if the
				  Department determines that:
A. based
				on reasonable evidence, contamination addressed in the agreement still poses,
				following remediation, an unreasonable threat to human health or the
				environment, or that the performance standard described in Subpart I, Section
				110 of this Part [20.6.3.10 NMAC] has not been met;
B. the voluntary remediation agreement was
				performed in a manner that fails to comply substantially with the terms and
				conditions of the agreement or voluntary remediation work plan;
C. any monitoring requirements, engineering
				controls, remediation systems, post-closure care, or affirmation of future
				non-residential land use upon which the final remedy is dependent are not being
				implemented satisfactorily;
D. the
				voluntary remediation agreement is a result of fraud; or
E. contamination was present at the site at
				the time the voluntary remediation agreement was signed or the voluntary
				remediation work plan was approved, but the department was not properly
				informed of the type, extent, or magnitude of the contaminants.
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 6 - WATER QUALITY › Part 4 - STANDARDS FOR INTERSTATE AND INTRASTATE SURFACE WATERS › Section 20.6.4.2 - SCOPE

Current through Register Vol. 35, No. 13, July 16, 2024
Except as otherwise provided by statute or regulation of the
				  water quality control commission, this part governs all surface waters of the
				  state of New Mexico, which are subject to the New Mexico Water Quality Act,
				  Sections
				  74-6-1
				  through
				  74-6-17
				  NMSA 1978.
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 6 - WATER QUALITY › Part 4 - STANDARDS FOR INTERSTATE AND INTRASTATE SURFACE WATERS › Section 20.6.4.3 - STATUTORY AUTHORITY

Current through Register Vol. 35, No. 13, July 16, 2024
This part is adopted by the water quality control commission
				  pursuant to Subsection C of Section
				  74-6-4 NMSA
				  1978.
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 6 - WATER QUALITY › Part 4 - STANDARDS FOR INTERSTATE AND INTRASTATE SURFACE WATERS › Section 20.6.4.5 - EFFECTIVE DATE

Current through Register Vol. 35, No. 13, July 16, 2024
October 12, 2000, unless a later date is indicated in the
				  history note at the end of a section.
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 6 - WATER QUALITY › Part 4 - STANDARDS FOR INTERSTATE AND INTRASTATE SURFACE WATERS › Section 20.6.4.6 - OBJECTIVE

Current through Register Vol. 35, No. 13, July 16, 2024
A. The purpose of
				this part is to establish water quality standards that consist of the
				designated use or uses of surface waters of the state, the water quality
				criteria necessary to protect the use or uses and an antidegradation
				policy.
B. The state of New Mexico
				is required under the New Mexico Water Quality Act (Subsection C of Section
				74-6-4
				NMSA 1978) and the federal Clean Water Act, as amended (33 U.S.C. Section
				1251
et seq
.) to adopt water
				quality standards that protect the public health or welfare, enhance the
				quality of water and are consistent with and serve the purposes of the New
				Mexico Water Quality Act and the federal Clean Water Act. It is the objective
				of the federal Clean Water Act to restore and maintain the chemical, physical
				and biological integrity of the nation's waters, including those in New Mexico.
				This part is consistent with Section 101(a)(2) of the federal Clean Water Act,
				which declares that it is the national goal that wherever attainable, an
				interim goal of water quality that provides for the protection and propagation
				of fish, shellfish and wildlife and provides for recreation in and on the water
				be achieved by July 1, 1983. Agricultural, municipal, domestic and industrial
				water supply are other essential uses of New Mexico's surface water; however,
				water contaminants resulting from these activities will not be permitted to
				lower the quality of surface waters of the state below that required for
				protection and propagation of fish, shellfish and wildlife and recreation in
				and on the water, where practicable.
C. Pursuant to Subsection A of Section
				74-6-12
				NMSA 1978, this part does not grant to the water quality control commission or
				to any other entity the power to take away or modify property rights in
				water.
D. These surface water
				quality standards serve to respond to the inherent threats of climate change
				and provide resiliency for the continued protection and enhancement of water
				quality.