reglab/statecodes huggingface dataset:
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 6 - WATER QUALITY › Part 2 - GROUND AND SURFACE WATER PROTECTION › Section 20.6.2.3110 - PUBLIC HEARING PARTICIPATION

Current through Register Vol. 35, No. 13, July 16, 2024
A. The secretary may appoint an impartial
				hearing officer to preside over the hearing. The hearing officer may be a
				department employee other than an employee of the bureau evaluating the
				application.
B. The hearing shall
				be at a place in the area affected by the facility for which the discharge
				permit proposal, modification or renewal is sought.
C. Any person who wishes to present technical
				evidence at the hearing shall, no later than ten (10) days prior to the
				hearing, file with the department, and if filed by a person who is not the
				applicant, serve on the applicant, a statement of intent to present evidence. A
				person who does not file a statement of intent to present evidence may present
				a general non-technical statement in support of or in opposition to the
				proposed discharge plan, modification or renewal. The statement of intent to
				present technical evidence shall include:
(1)
				the name of the person filing the statement;
(2) indication of whether the person filing
				the statement supports or opposes the proposed discharge plan proposal,
				modification or renewal;
(3) the
				name of each witness;
(4) an
				estimate of the length of the direct testimony of each witness;
(5) a list of exhibits, if any, to be offered
				into evidence at the hearing; and
(6) a summary or outline of the anticipated
				direct testimony of each witness.
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 6 - WATER QUALITY › Part 2 - GROUND AND SURFACE WATER PROTECTION › Section 20.6.2.3111 - TRANSFER OF DISCHARGE PERMIT

Current through Register Vol. 35, No. 13, July 16, 2024
No purported transfer of any discharge permit shall be
				  effective to create, alter or extinguish any right or responsibility of any
				  person subject to this Part, unless the following transfer requirements are
				  met:
A. Prior to any transfer of
				ownership, control, or possession (whether by lease, conveyance or otherwise)
				of a facility with a discharge permit, the transferror shall notify the
				transferee in writing of the existence of the discharge permit, and shall
				deliver or send by certified mail to the department a copy of such written
				notification, together with a certification or other proof that such
				notification has in fact been received by the transferee.
B. Upon receipt of such notification, the
				transferee shall have the duty to inquire into all of the provisions and
				requirements contained in such discharge permit, and the transferee shall be
				charged with notice of all such provisions and requirements as they appear of
				record in the department's file or files concerning such discharge
				permit.
C. Until both ownership and
				possession of the facility have been transferred to the transferee, the
				transferor shall continue to be responsible for any discharge from the
				facility.
D. Upon assuming either
				ownership or possession of the facility, the transferee shall have the same
				rights and responsibilities under the discharge permit as were applicable to
				the transferor.
E. Nothing in this
				section or in this part shall be construed to relieve any person of
				responsibility or liability for any act or omission which occurred while that
				person owned, controlled or was in possession of the facility.
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 6 - WATER QUALITY › Part 2 - GROUND AND SURFACE WATER PROTECTION › Section 20.6.2.3112 - APPEALS OF SECRETARY'S DECISIONS

Current through Register Vol. 35, No. 13, July 16, 2024
A. If the secretary approves, approves
				subject to conditions, or disapproves a proposed discharge plan, renewal or
				modification, or modifies or terminates a discharge permit, appeal therefrom
				shall be in accordance with the provisions of Sections
				74-6-5(N),
				(O) and (P), NMSA 1978. The filing of an
				appeal does not act as a stay of any provision of the Act, the regulations, or
				any permit issued pursuant to the Act, unless otherwise ordered by the
				secretary or the commission.
B. If
				the secretary determines that a discharger is not exempt from obtaining a
				discharge permit, or that the material to be discharged contains any toxic
				pollutant listed in
				20.6.2.7
				NMAC, which is not included in the numerical standards of Paragraph (1) of
				Subsection A of
				20.6.2.3103
				NMAC, then the discharger may appeal such determination by filing with the
				commission's secretary a notice of appeal to the commission within thirty days
				after receiving the secretary's written determination, and the appeal therefrom
				and any action of the commission thereon shall be in accordance with the
				provisions of Subsections (O) through (S) of Section
				74-6-5,
				NMSA 1978.
C. Proceedings before
				the commission shall be conducted in accordance with the commission's
				adjudicatory procedures, 20 NMAC 1.3.
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 6 - WATER QUALITY › Part 2 - GROUND AND SURFACE WATER PROTECTION › Section 20.6.2.3113 - APPEALS OF COMMISSION DECISIONS

Current through Register Vol. 35, No. 13, July 16, 2024
An applicant, permittee or a person who participated in a
				  permitting action and who is adversely affected by such action may appeal the
				  decision of the com-mission in accordance with the provisions of Section
				  74-6-7(A), NMSA 1978.
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 6 - WATER QUALITY › Part 2 - GROUND AND SURFACE WATER PROTECTION › Section 20.6.2.4101 - PURPOSE

Current through Register Vol. 35, No. 13, July 16, 2024
A. The purposes of
				Sections 20.6.2.4000 through 20.6.2.4115 NMAC are to:
(1) Abate pollution of subsurface water so
				that all ground water of the State of New Mexico which has a background
				concentration of 10,000 mg/L or less TDS, is either remediated or protected for
				use as domestic and agricultural water supply, and to remediate or protect
				those segments of surface waters which are gaining because of subsurface-water
				inflow, for uses designated in the Water Quality Standards for Interstate and
				Intrastate Streams in New Mexico (20.6.4 NMAC); and
(2) Abate surface-water pollution so that all
				surface waters of the State of New Mexico are remediated or protected for
				designated or attainable uses as defined in the Water Quality Standards for
				Interstate and Intrastate Streams in New Mexico (20.6.4 NMAC).
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 6 - WATER QUALITY › Part 2 - GROUND AND SURFACE WATER PROTECTION › Section 20.6.2.4103 - ABATEMENT STANDARDS AND REQUIREMENTS

Current through Register Vol. 35, No. 13, July 16, 2024
A. The vadose zone shall be abated as
				follows:
(1) water contaminants in the vadose
				zone shall not be capable of contaminating ground water or surface water, in
				excess of the standards in Subsections B and C below, through leaching,
				percolation or as the water table elevation fluctuates; and
(2) any constituent listed in
				20.6.2.3103
				NMAC or any toxic pollutant in the vadose zone shall be abated so that it is
				not capable of endangering human health due to inhalation of vapors that may
				accumulate in structures, utility infrastructure, or construction
				excavations.
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 6 - WATER QUALITY › Part 2 - GROUND AND SURFACE WATER PROTECTION › Section 20.6.2.4104 - ABATEMENT PLAN REQUIRED

Current through Register Vol. 35, No. 13, July 16, 2024
A.
				Unless otherwise provided by this Part, all responsible persons who are
				abating, or who are required to abate, water pollution in excess of the
				standards and requirements set forth in Section
				20.6.2.4103
				NMAC of this Part shall do so pursuant to an abatement plan approved by the
				secretary. When an abatement plan has been approved, all actions leading to and
				including abatement shall be consistent with the terms and conditions of the
				abatement plan.
B. In the event of
				a transfer of the ownership, control or possession of a facility for which an
				abatement plan is required or approved, where the transferor is a responsible
				person, the transferee also shall be considered a responsible person for the
				duration of the abatement plan, and may jointly share the responsibility to
				conduct the actions required by this Part with other responsible persons. The
				transferor shall notify the transferee in writing, at least thirty (30) days
				prior to the transfer, that an abatement plan has been required or approved for
				the facility, and shall deliver or send by certified mail to the secretary a
				copy of such notification together with a certificate or other proof that such
				notification has in fact been received by the transferee. The transferor and
				transferee may agree to a designated responsible person who shall assume the
				responsibility to conduct the actions required by this Part. The responsible
				persons shall notify the secretary in writing if a designated responsible
				person is agreed upon. If the secretary determines that the designated
				responsible person has failed to conduct the actions required by this Part, the
				secretary shall notify all responsible persons of this failure in writing and
				allow them thirty (30) days, or longer for good cause shown, to conduct the
				required actions before issuing a compliance order pursuant to Section
				20.6.2.1220
				NMAC.
C. The secretary may require
				the responsible person(s) to submit a financial assurance plan which covers the
				estimated costs to conduct the actions required by the abatement plan. Such a
				financial assurance plan shall be consistent with any financial assurance
				requirements adopted by the commission.
D. The Secretary may require an oversight
				funding agreement with the responsible person for abatement plans which
				compensates the department for reasonable costs associated with the oversight
				of activities.
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 6 - WATER QUALITY › Part 2 - GROUND AND SURFACE WATER PROTECTION › Section 20.6.2.4105 - EXEMPTIONS FROM ABATEMENT PLAN REQUIREMENTS

Current through Register Vol. 35, No. 13, July 16, 2024
A. Except as provided in Subsection B of this
				Section, Sections
				20.6.2.4104
				and
				20.6.2.4106
				NMAC do not apply to a person who is abating water pollution:
(1) from a storage tank, under the authority
				of the Petroleum Storage Tank Regulations (20.5 NMAC) adopted by the New Mexico
				Environmental Improvement Board, or in accordance with the New Mexico Ground
				Water Protection Act;
(2) under the
				authority of the U.S. Environmental Protection Agency pursuant to either the
				federal Comprehensive Environmental Response, Compensation and Liability Act,
				and amendments, or the Resource Conservation and Recovery Act;
(3) under the authority of the secretary
				pursuant to the Hazardous Waste Management Regulations (20.4.1 NMAC) adopted by
				the New Mexico Environmental Improvement Board;
(4) under the authority of the U.S. Nuclear
				Regulatory Commission or the U.S. Department of Energy pursuant to the Atomic
				Energy Act;
(5) from a solid waste
				landfill, under the authority of the secretary pursuant to the Solid Waste
				Management Regulations (20.9.1 NMAC) adopted by the N.M. Environmental
				Improvement Board;
(6) under the
				authority of a ground water discharge plan approved by the secretary, provided
				that such abatement is consistent with the requirements and provisions of
				Sections 20.6.2.4101, 20.6.2.4103, Subsections C and E of Section 20.6.2.4106,
				Sections
				20.6.2.4107
				and
				20.6.2.4112
				NMAC;
(7) under the authority of a
				Letter of Understanding, Settlement Agreement or Administrative Order on
				Consent signed by the secretary prior to December 1, 1995, provided that
				abatement is being performed in full compliance with the terms of the Letter of
				Understanding, Settlement Agreement or Administrative Order on Consent;
				and
(8) on an emergency basis, or
				while abatement plan approval is pending, or in a manner that will result in
				compliance with the standards and requirements set forth in Section
				20.6.2.4103
				NMAC within one hundred and eighty (180) days after notice is required to be
				given pursuant to Paragraph (1) of Subsection A of Section
				20.6.2.1203
				NMAC, provided that the delegated agency does not object to the abatement
				action pursuant to Paragraphs (6) and (7) of Subsection A of Section
				20.6.2.1203
				NMAC.
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 6 - WATER QUALITY › Part 2 - GROUND AND SURFACE WATER PROTECTION › Section 20.6.2.4106 - ABATEMENT PLAN PROPOSAL

Current through Register Vol. 35, No. 13, July 16, 2024
A.
				Except as provided for in Section
				20.6.2.4105
				NMAC, a responsible person shall, within sixty (60) days of receipt of written
				notice from the secretary that an abatement plan is required, submit an
				abatement plan proposal to the secretary for approval. For good cause shown,
				the secretary may allow for a total of one hundred and twenty (120) days to
				prepare and submit the abatement plan proposal.
B.
Voluntary Abatement
:
(1) Any person wishing to abate water
				pollution in excess of the standards and requirements set forth in Section
				20.6.2.4103
				NMAC may submit a Stage 1 abatement plan proposal to the secretary for
				approval. Following approval by the secretary of a final site investigation
				report prepared pursuant to Stage 1 of an abatement plan, any person may submit
				a Stage 2 abatement plan proposal to the secretary for approval.
(2) Following approval of a Stage 1 or Stage
				2 abatement plan proposal under Paragraph (1) of Subsection B of this Section,
				the person submitting the approved plan shall be a responsible person under
				Sections
				20.6.2.4000
				through
				20.6.2.4115
				NMAC for the purpose of performing the approved Stage 1 or Stage 2 abatement
				plan. Nothing in this Section shall preclude the secretary from applying
				Paragraph (9) of Subsection A of Section
				20.6.2.1203
				NMAC to a responsible person if applicable.
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 6 - WATER QUALITY › Part 2 - GROUND AND SURFACE WATER PROTECTION › Section 20.6.2.4107 - OTHER REQUIREMENTS

Current through Register Vol. 35, No. 13, July 16, 2024
A. Any
				responsible person shall allow any authorized representative of the secretary
				to:
(1) upon presentation of proper
				credentials, enter the facility at reasonable times;
(2) inspect and copy records required by an
				abatement plan;
(3) inspect any
				treatment works, monitoring and analytical equipment;
(4) sample any wastes, ground water, surface
				water, stream sediment, plants, animals, or vadose-zone material including
				vadose-zone vapor;
(5) use
				monitoring systems and wells under such responsible person's control in order
				to collect samples of any media listed in Paragraph (4) of Subsection A of this
				section; and
(6) gain access to
				off-site property not owned or controlled by such responsible person, but
				accessible to such responsible person through a third-party access agreement,
				provided that it is allowed by the agreement.
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 6 - WATER QUALITY › Part 2 - GROUND AND SURFACE WATER PROTECTION › Section 20.6.2.4108 - PUBLIC NOTICE AND PARTICIPATION

Current through Register Vol. 35, No. 13, July 16, 2024
A. Within thirty (30) days of filing of a
				Stage 1 abatement plan proposal, the secretary shall issue a news release
				summarizing:
(1) the source, extent,
				magnitude and significance of water pollution, as known at that time;
(2) the proposed Stage 1 abatement plan
				investigation; and
(3) the name and
				telephone number of an agency contact who can provide additional
				information.
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 6 - WATER QUALITY › Part 2 - GROUND AND SURFACE WATER PROTECTION › Section 20.6.2.4109 - SECRETARY APPROVAL OR NOTICE OF DEFICIENCY OF SUBMITTALS

Current through Register Vol. 35, No. 13, July 16, 2024
A. The secretary
				shall, within sixty (60) days of receiving a Stage 1 abatement plan proposal, a
				site investigation report, or an abatement completion report, approve the
				document, or notify the responsible person of the document's deficiency, based
				upon the information available.
B.
				The secretary shall, within thirty (30) days of receiving a fact sheet, or
				Stage 2 abatement plan public notice proposal, approve or notify the
				responsible person of the document's deficiency, based upon the information
				available.
C. If no public meeting
				or hearing is held pursuant to Subsection E of Section
				20.6.2.4108
				NMAC, then the secretary shall, within 120 days of receiving a Stage 2
				abatement plan proposal, approve the plan, or notify the responsible person of
				the plan's deficiency, based upon the information available.
D. If a public meeting or hearing is held
				pursuant to Subsection E of Section 20.6.2.4108, then the secretary shall,
				within sixty (60) days of receipt of all required information, approve Stage 2
				of the abatement plan proposal, or notify the responsible person of the plan's
				deficiency, based upon the information contained in the plan and information
				submitted at the meeting or hearing.
E. If the secretary notifies a responsible
				person of any deficiencies in a site investigation report, or in a Stage 1 or
				Stage 2 abatement plan proposal, the responsible person shall submit a modified
				document to cure the deficiencies specified by the secretary within thirty (30)
				days of receipt of the notice of deficiency. The responsible person shall be in
				violation of Sections
				20.6.2.4000
				through
				20.6.2.4115
				NMAC if he fails to submit a modified document within the required time, or if
				the modified document does not make a good faith effort to cure the
				deficiencies specified by the secretary.
F. Provided that the other requirements of
				this Part are met and provided further that Stage 2 of the abatement plan, if
				implemented, will result in the standards and requirements set forth in Section
				20.6.2.4103
				NMAC being met within a schedule that is reasonable given the particular
				circumstances of the site, the secretary shall approve the plan.
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 6 - WATER QUALITY › Part 2 - GROUND AND SURFACE WATER PROTECTION › Section 20.6.2.4110 - INVESTIGATION AND ABATEMENT

Current through Register Vol. 35, No. 13, July 16, 2024
Any responsible person who receives approval for Stage 1
				  and/or Stage 2 of an abatement plan shall conduct all investigation, abatement,
				  monitoring and reporting activity in full compliance with Sections
				  20.6.2.4000
				  through
				  20.6.2.4115
				  NMAC and according to the terms and schedules contained in the approved
				  abatement plans.
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 6 - WATER QUALITY › Part 2 - GROUND AND SURFACE WATER PROTECTION › Section 20.6.2.4111 - ABATEMENT PLAN MODIFICATION

Current through Register Vol. 35, No. 13, July 16, 2024
A.
				Any approved abatement plan may be modified, at the written request of the
				responsible person, in accordance with Sections 20.6.2.4000 through 20.6.2.4115
				NMAC, and with written approval of the secretary.
B. If data submitted pursuant to any
				monitoring requirements specified in the approved abatement plan or other
				information available to the secretary indicates that the abatement action is
				ineffective, or is creating unreasonable injury to or interference with health,
				welfare, environment or property, the secretary may require a responsible
				person to modify an abatement plan within the shortest reasonable time so as to
				effectively abate water pollution which exceeds the standards and requirements
				set forth in Section 20.6.2.4103 NMAC, and to abate and prevent unreasonable
				injury to or interference with health, welfare, environment or
				property.
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 6 - WATER QUALITY › Part 2 - GROUND AND SURFACE WATER PROTECTION › Section 20.6.2.4112 - COMPLETION AND TERMINATION

Current through Register Vol. 35, No. 13, July 16, 2024
A.
				Abatement shall be considered complete when the standards and requirements set
				forth in Section 20.6.2.4103 NMAC are met. At that time, the responsible person
				shall submit an abatement completion report, documenting compliance with the
				standards and requirements set forth in Section 20.6.2.4103 NMAC, to the
				secretary for approval. The abatement completion report also shall propose any
				changes to long term monitoring and site maintenance activities, if needed, to
				be performed after termination of the abatement plan.
B. Provided that the other requirements of
				this Part are met and provided further that the standards and requirements set
				forth in Section 20.6.2.4103 NMAC have been met, the secretary shall approve
				the abatement completion report. When the secretary approves the abatement
				completion report, he shall also notify the responsible person in writing that
				the abatement plan is terminated.
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 6 - WATER QUALITY › Part 2 - GROUND AND SURFACE WATER PROTECTION › Section 20.6.2.4113 - DISPUTE RESOLUTION

Current through Register Vol. 35, No. 13, July 16, 2024
In the event of any technical dispute regarding the
				  requirements of Paragraph (9) of Subsection A and Subsection E of Section
				  20.6.2.1203, Sections
				  20.6.2.4103,
				  20.6.2.4105,
				  20.6.2.4106,
				  20.6.2.4111
				  or
				  20.6.2.4112
				  NMAC, including notices of deficiency, the responsible person may notify the
				  secretary by certified mail that a dispute has arisen, and desires to invoke
				  the dispute resolution provisions of this Section, provided that such
				  notification must be made within thirty (30) days after receipt by the
				  responsible person of the decision of the secretary that causes the dispute.
				  Upon such notification, all deadlines affected by the technical dispute shall
				  be extended for a thirty (30) day negotiation period, or for a maximum of sixty
				  (60) days if approved by the secretary for good cause shown. During this
				  negotiation period, the secretary or his/her designee and the responsible
				  person shall meet at least once. Such meeting(s) may be facilitated by a
				  mutually agreed upon third party, but the third party shall assume no power or
				  authority granted or delegated to the secretary by the Water Quality Act or by
				  the commission. If the dispute remains unresolved after the negotiation period,
				  the decision of secretary shall be final.
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 6 - WATER QUALITY › Part 2 - GROUND AND SURFACE WATER PROTECTION › Section 20.6.2.4114 - APPEALS FROM SECRETARY'S DECISIONS

Current through Register Vol. 35, No. 13, July 16, 2024
A. If the secretary determines that an
				abatement plan is required pursuant to Paragraph (9) of Subsection A of
				20.6.2.1203, Subsection F of 20.6.2.3109, or Subsection B of
				20.6.2.4105
				NMAC, approves or provides notice of deficiency of a proposed abatement plan,
				or abatement completion report, or modifies or terminates an approved abatement
				plan, he shall provide written notice of such action by certified mail to the
				responsible person and any person who participated in the action.
B. Any person who participated in the action
				before the secretary and who is adversely affected by the action listed in
				Subsection A of
				20.6.2.4114
				NMAC may file a petition requesting a review before the commission.
C. The petition shall be made in writing to
				the commission and shall be filed with the commission's secretary within thirty
				(30) days after receiving notice of the secretary's action. The petition shall
				specify the portions of the action to which the petitioner objects, certify
				that a copy of the petition has been mailed or hand-delivered to the secretary,
				and to the applicant or permittee if the petitioner is not the applicant or
				permittee, and attach a copy of the action for which review is sought. Unless a
				timely petition for hearing is made, the secretary's action is final.
D. The proceedings before the commission
				shall be conducted as provided in the commission's adjudicatory procedures, 20
				NMAC 1.3.
E. The cost of the court
				reporter for the hearing shall be paid by the petitioner.
F. The appeal provisions do not relieve the
				owner, operator or responsible person of their obligations to comply with any
				federal or state laws or regulations.
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 6 - WATER QUALITY › Part 2 - GROUND AND SURFACE WATER PROTECTION › Section 20.6.2.5001 - PURPOSE

Current through Register Vol. 35, No. 13, July 16, 2024
The purpose of
				  20.6.2.5000
				  through 20.6.2.5399 NMAC controlling discharges from underground injection
				  control wells 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.
				  20.6.2.5000
				  through 20.6.2.5399 NMAC include notification requirements, and requirements
				  for discharges directly into the subsurface through underground injection
				  control wells.
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 6 - WATER QUALITY › Part 2 - GROUND AND SURFACE WATER PROTECTION › Section 20.6.2.5002 - UNDERGROUND INJECTION CONTROL WELL CLASSIFICATIONS

Current through Register Vol. 35, No. 13, July 16, 2024
A. Underground injection control wells
				include the following.
(1) Any dug hole or
				well that is deeper than its largest surface dimension, where the principal
				function of the hole is emplacement of fluids.
(2) Any septic tank or cesspool used by
				generators of hazardous waste, or by owners or operators of hazardous waste
				management facilities, to dispose of fluids containing hazardous
				waste.
(3) Any subsurface
				distribution system, cesspool or other well which is used for the injection of
				wastes.
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 6 - WATER QUALITY › Part 2 - GROUND AND SURFACE WATER PROTECTION › Section 20.6.2.5003 - NOTIFICATION AND GENERAL OPERATION REQUIREMENTS FOR ALL UNDERGROUND INJECTION CONTROL WELLS

Current through Register Vol. 35, No. 13, July 16, 2024
All operators of underground injection control wells, except
				  those wells regulated under the Oil and Gas Act, the Geothermal Resources
				  Development Act, and the Surface Mining Act, shall:
A. for existing underground injection control
				wells, submit to the secretary the information enumerated in Subsection C of
				20.6.2.1201
				NMAC of this part; provided, however, that if the information in Subsection C
				of
				20.6.2.1201
				NMAC has been previously submitted to the secretary and acknowledged by him,
				the information need not be resubmitted; and
B. operate and continue to operate in
				conformance with
				20.6.2.1 through
				20.6.2.5399 NMAC;
C. for new
				underground injection control wells, submit to the secretary the information
				enumerated in Subsection C of
				20.6.2.1201
				NMAC of this part at least 120 days prior to well construction.
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 6 - WATER QUALITY › Part 2 - GROUND AND SURFACE WATER PROTECTION › Section 20.6.2.5005 - PRE-CLOSURE NOTIFICATION AND CLOSURE REQUIREMENTS

Current through Register Vol. 35, No. 13, July 16, 2024
A. Any person proposing to close a Class I,
				III, IV or V underground injection controlwell must submit pre-closure
				notification to the department at least 30 days prior to closure. Pre-closure
				notification must include the following information:
(1) Name of facility.
(2) Address of facility.
(3) Name of Owner/Operator.
(4) Address of Owner/Operator.
(5) Contact Person.
(6) Phone Number.
(7) Type of Well(s).
(8) Number of Well(s).
(9) Well Construction (e.g. drywell, improved
				sinkhole, septic tank, leachfield, cesspool, other...).
(10) Type of Discharge.
(11) Average Flow (gallons per
				day).
(12) Year of Well
				Construction.
(13) Proposed Well
				Closure Activities (e.g. sample fluids/sediment, appropriate disposal of
				remaining fluids/sediments, remove well and any contaminated soil, clean out
				well, install permanent plug, conversion to other type well, ground water and
				vadose zone investigation, other).
(14) Proposed Date of Well Closure.
(15) Name of Preparer.
(16) Date.
(17) Well plugging plan as submitted to the
				Office of the State Engineer pursuant to 19.27.4 NMAC.
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 6 - WATER QUALITY › Part 2 - GROUND AND SURFACE WATER PROTECTION › Section 20.6.2.5006 - DISCHARGE PERMIT REQUIREMENTS FOR CLASS V INJECTION WELLS

Current through Register Vol. 35, No. 13, July 16, 2024
Class V injection wells must meet the requirements of
				  Sections
				  20.6.2.3000
				  through 20.6.2.3999 NMAC and Sections
				  20.6.2.5000
				  through
				  20.6.2.5006
				  NMAC. Class V injection wells or surface impoundments constructed as recharge
				  basins used to replenish the water in an aquifer, including use to reclaim or
				  improve the quality of existing water must additionally provide documentation
				  of compliance with 19.25.8 NMAC (Underground Storage and Recovery) and shall
				  not be subject to the exemptions of
				  20.6.2.3105
				  NMAC.
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 6 - WATER QUALITY › Part 2 - GROUND AND SURFACE WATER PROTECTION › Section 20.6.2.5101 - DISCHARGE PERMIT AND OTHER REQUIREMENTS FOR CLASS I WELLS AND CLASS III WELLS

Current through Register Vol. 35, No. 13, July 16, 2024
A. Class I
				wells and Class III wells must meet the requirements of
				20.6.2.5000
				through 20.6.2.5399 NMAC in addition to other applicable requirements of the
				commission regulations. The secretary may also require that some Class IV and
				Class V wells comply with the requirements for Class I wells in
				20.6.2.5000
				through 20.6.2.5399 NMAC if the secretary determines that the additional
				requirements are necessary to prevent the movement of water contaminants from a
				specified injection zone into ground water having 10,000 mg/l or less TDS. No
				Class I well or Class III well may be approved which allows for movement of
				fluids into ground water having 10,000 mg/l or less TDS except for fluid
				movement approved pursuant to
				20.6.2.5103
				NMAC, or pursuant to a temporary designation as provided in Paragraph (2) of
				Subsection C of
				20.6.2.5101
				NMAC.
B. Operation of a Class I
				well or Class III well must be pursuant to a discharge permit meeting the
				requirements of
				20.6.2.3000
				through 20.6.2.3999 NMAC and
				20.6.2.5000
				through 20.6.2.5399 NMAC.
C.
				Discharge permits for Class I wells, or Class III wells affecting ground water
				of 10,000 mg/l or less TDS submitted for secretary approval shall:
(1) receive an aquifer designation if
				required in
				20.6.2.5103
				NMAC prior to discharge permit issuance; or
(2) for Class III wells only, address the
				methods or techniques to be used to restore ground water so that upon final
				termination of operations including restoration efforts, ground water at any
				place of withdrawal for present or reasonably foreseeable future use will not
				contain either concentrations in excess of the standards of
				20.6.2.3103
				NMAC or any toxic pollutant; issuance of a discharge permit or project
				discharge permit for Class III wells that provides for restoration of ground
				water in accordance with the requirements of this subsection shall substitute
				for the aquifer designation provisions of
				20.6.2.5103
				NMAC; the approval shall constitute a temporary aquifer designation for a
				mineral bearing or producing aquifer, or portion thereof, to allow injection as
				provided for in the discharge permit; such temporary designation shall expire
				upon final termination of operations including restoration efforts.
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 6 - WATER QUALITY › Part 2 - GROUND AND SURFACE WATER PROTECTION › Section 20.6.2.5102 - PRE-CONSTRUCTION REQUIREMENTS FOR CLASS I WELLS AND CLASS III WELLS

Current through Register Vol. 35, No. 13, July 16, 2024
A. Discharge permit
				requirement for Class I wells.
(1) Prior to
				construction of a Class I well or conversion of an existing well to a Class I
				well, an approved discharge permit is required that incorporates the
				requirements of
				20.6.2.5000
				through 20.6.2.5399 NMAC, except Subsection C of
				20.6.2.5210
				NMAC. As a condition of discharge permit issuance, the operation of the Class I
				well under the discharge permit will not be authorized until the secretary has:
(a) reviewed the information submitted for
				his consideration pursuant to Subsection C of
				20.6.2.5210
				NMAC; and
(b) determined that the
				information submitted demonstrates that the operation will be in compliance
				with this part and the discharge permit.
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 6 - WATER QUALITY › Part 2 - GROUND AND SURFACE WATER PROTECTION › Section 20.6.2.5103 - DESIGNATED AQUIFERS FOR CLASS I WELLS AND CLASS III WELLS

Current through Register Vol. 35, No. 13, July 16, 2024
A. Any person may
				file a written petition with the secretary seeking commission consideration of
				certain aquifers or portions of aquifers as "designated aquifers". The purpose
				of aquifer designation is:
(1) for Class I
				wells, to allow as a result of injection, the addition of water contaminants
				into ground water, which before initiation of injection has a concentration
				between 5,000 and 10,000 mg/l TDS; or
(2) for Class III wells, to allow as a result
				of injection, the addition of water contaminants into ground water, which
				before initiation of injection has a concentration between 5,000 and 10,000
				mg/l TDS, and not provide for restoration or complete restoration of that
				ground water pursuant to Paragraph (2) of Subsection C of 20.6.2.5101
				NMAC.
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 6 - WATER QUALITY › Part 2 - GROUND AND SURFACE WATER PROTECTION › Section 20.6.2.5104 - WAIVER OF REQUIREMENT BY SECRETARY FOR CLASS I WELLS AND CLASS III WELLS

Current through Register Vol. 35, No. 13, July 16, 2024
A. Where a Class I
				well or a Class III well or well field, does not penetrate, or inject into or
				above, and which will not affect, ground water having 10,000 mg/l of less TDS,
				the secretary may:
(1) issue a discharge
				permit for a well or well field with less stringent requirements for area of
				review, construction, mechanical integrity, operation, monitoring, and
				reporting than required by 20.6.2.5000 through 20.6.2.5399 NMAC; or
(2) for Class III wells only, issue a
				discharge permit pursuant to the requirements of 20.6.2.3000 through
				20.6.2.3114 NMAC.
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 6 - WATER QUALITY › Part 2 - GROUND AND SURFACE WATER PROTECTION › Section 20.6.2.5201 - PURPOSE

Current through Register Vol. 35, No. 13, July 16, 2024
20.6.2.5200 through 20.6.2.5210 NMAC provide the technical
				  criteria and performance standards for Class I wells and Class III wells.
				  (20.6.2.5300
				  through 20.6.2.5399 NMAC provide certain additional technical and performance
				  standards for Class I hazardous waste injection wells.)
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 6 - WATER QUALITY › Part 2 - GROUND AND SURFACE WATER PROTECTION › Section 20.6.2.5203 - CORRECTIVE ACTION FOR CLASS I NON-HAZARDOUS WASTE INJECTION WELLS AND CLASS III WELLS

Current through Register Vol. 35, No. 13, July 16, 2024
A. Persons
				applying for approval of a Class I non-hazardous waste injection well, or a
				Class III well or well field shall identify the location of all known wells,
				drill holes, shafts, stopes and other conduits within the area of review which
				may penetrate the injection zone, in so far as is known or is reasonably
				available from the public records. For such wells or other conduits which are
				improperly sealed, completed, or abandoned, or otherwise provide a pathway for
				the migration of contaminants, the discharger shall address in the proposed
				discharge plan such steps or modifications (corrective action) as are necessary
				to prevent movement of fluids into ground water having 10,000 mg/l or less TDS
				except for fluid movement approved pursuant to Section 20.6.2.5103
				NMAC.
B. Prior to operation, or
				continued operation of a well for which corrective action is required pursuant
				to Subsections A or D of Section 20.6.2.5203 NMAC, the discharger must
				demonstrate that:
(1) All required corrective
				action has been taken; or
(2)
				Injection pressure is to be limited so that pressure in the injection zone does
				not cause fluid movement through any well or other conduit within the area of
				review into ground water having 10,000 mg/l or less TDS except for fluid
				movement approved pursuant to Section 20.6.2.5103 NMAC. This pressure
				limitation may be removed after all required corrective action has been
				taken.
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 6 - WATER QUALITY › Part 2 - GROUND AND SURFACE WATER PROTECTION › Section 20.6.2.5204 - MECHANICAL INTEGRITY FOR CLASS I WELLS AND CLASS III WELLS

Current through Register Vol. 35, No. 13, July 16, 2024
A. A Class I well
				or Class III well has mechanical integrity if there is no detectable leak in
				the casing, tubing or packer which the secretary considers to be significant at
				maximum operating temperature and pressure; and no detectable conduit for fluid
				movement out of the injection zone through the well bore or vertical channels
				adjacent to the well bore which the secretary considers to be
				significant.
B. Prior to well
				injection and at least once every five years or more frequently as the
				secretary may require for good cause during the life of the well, the
				discharger must demonstrate that a Class I well or Class III well has
				mechanical integrity. The demonstration shall be made through use of the
				following tests:
(1) for evaluation of leaks:
(a) monitoring of annulus pressure (after an
				initial pressure test with liquid or gas before operation commences);
				or
(b) pressure test with liquid or
				gas;
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 6 - WATER QUALITY › Part 2 - GROUND AND SURFACE WATER PROTECTION › Section 20.6.2.5205 - CONSTRUCTION REQUIREMENTS FOR CLASS I NON-HAZARDOUS WASTE INJECTION WELLS AND CLASS III WELLS

Current through Register Vol. 35, No. 13, July 16, 2024
A. General
				Construction Requirements Applicable to Class I non-hazardous waste injection
				wells and Class III wells.
(1) Construction
				of all Class I non-hazardous waste injection wells and all new Class III wells
				shall include casing and cementing. Prior to well injection, the discharger
				shall demonstrate that the construction and operation of:
(a) Class I non-hazardous waste injection
				wells will not cause or allow movement of fluids into ground water having
				10,000 mg/l or less TDS except for fluid movement approved pursuant to Section
				20.6.2.5103 NMAC;
(b) Class III
				wells will not cause or allow movement of fluids out of the injection zone into
				ground water having 10,000 mg/l or less TDS except for fluid movement approved
				pursuant to Section 20.6.2.5103 NMAC.
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 6 - WATER QUALITY › Part 2 - GROUND AND SURFACE WATER PROTECTION › Section 20.6.2.5206 - OPERATING REQUIREMENTS FOR CLASS I NON-HAZARDOUS WASTE INJECTION WELLS AND CLASS III WELLS

Current through Register Vol. 35, No. 13, July 16, 2024
A. General
				operating requirements applicable to Class I non-hazardous waste injection
				wells and Class III wells.
(1) The maximum
				injection pressure at the wellhead shall not initiate new fractures or
				propagate existing fractures in the confining zone, or cause the movement of
				injection or formation fluids into ground water having 10,000 mg/l or less TDS
				except for fluid movement approved pursuant to Section
				20.6.2.5103
				NMAC.
(2) Injection between the
				outermost casing and the well bore is prohibited in a zone other than the
				authorized injection zone.
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 6 - WATER QUALITY › Part 2 - GROUND AND SURFACE WATER PROTECTION › Section 20.6.2.5207 - MONITORING REQUIREMENTS FOR CLASS I NON-HAZARDOUS WASTE INJECTION WELLS AND CLASS III WELLS

Current through Register Vol. 35, No. 13, July 16, 2024
A. The
				discharger shall demonstrate mechanical integrity for each Class I
				non-hazardous waste injection well or Class III well at least once every five
				years during the life of the well pursuant to Section 20.6.2.5204
				NMAC.
B. Additional Monitoring
				Requirements for Class I non-hazardous waste injection wells.
(1) The discharger shall provide analysis of
				the injected fluids at least quarterly or, if necessary, more frequently to
				yield data representative of their characteristics.
(2) Continuous monitoring devices shall be
				used to provide a record of injection pressure, flow rate, flow volume, and
				pressure on the annulus between the tubing and the long string of
				casing.
(3) The discharger shall
				provide wells within the area of review as required by the discharge permit to
				be used by the discharger to monitor pressure in, and possible fluid movement
				into, ground water having 10,000 mg/l or less TDS except for such ground waters
				designated pursuant to Section 20.6.2.5103 NMAC. This Section does not require
				monitoring wells for Class I non-hazardous waste injection wells unless
				monitoring wells are necessary due to possible flow paths within the area of
				review.
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 6 - WATER QUALITY › Part 2 - GROUND AND SURFACE WATER PROTECTION › Section 20.6.2.5208 - REPORTING REQUIREMENTS FOR CLASS I NON-HAZARDOUS WASTE INJECTION WELLS AND CLASS III WELLS

Current through Register Vol. 35, No. 13, July 16, 2024
A. Reporting
				Requirements for Class I non-hazardous waste injection wells.
(1) If a Class I non-hazardous waste
				injection well is found to be discharging or is suspected of discharging fluids
				into a zone or zones other than the permitted or authorized injection zone, the
				discharger shall within 24 hours notify the secretary of the circumstances and
				action taken. The discharger shall provide subsequent written reports as
				required by the secretary.
(2) The
				discharger shall provide reports quarterly to the secretary on:
(a) The physical, chemical and other relevant
				characteristics of injection fluids;
(b) Monthly average, maximum and minimum
				values for injection pressure, flow rate and volume, and annular pressure;
				and
(c) The results of monitoring
				prescribed under Subsection B of Section 20.6.2.5207 NMAC.
(3) The discharger shall report, no later
				than the first quarterly report after completion, the results of:
(a) Periodic tests of mechanical integrity as
				required in Sections 20.6.2.5204 and 20.6.2.5207 NMAC;
(b) Any other test of the Class I
				non-hazardous waste injection well conducted by the discharger if required by
				the secretary;
(c) Any well
				work-over; and
(d) Any changes
				within the area of review which might impact subsurface conditions.
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 6 - WATER QUALITY › Part 2 - GROUND AND SURFACE WATER PROTECTION › Section 20.6.2.5209 - PLUGGING AND ABANDONMENT FOR CLASS I WELLS AND CLASS III WELLS

Current through Register Vol. 35, No. 13, July 16, 2024
A. The discharger
				shall submit as part of the discharge permit application, a plan for plugging
				and abandonment of a Class I well or a Class III well that meets the
				requirements of Subsection D of 20.6.2.3109, Subsection C of 20.6.2.5101, and
				20.6.2.5005
				NMAC for protection of ground water. If requested, a revised or updated
				abandonment plan shall be submitted for approval prior to closure. The
				obligation to implement the plugging and abandonment plan as well as the
				requirements of the plan survives the termination or expiration of the
				permit.
B. Prior to abandonment of
				a well used in a Class I well or Class III well operation, the well shall be
				plugged in a manner which will not allow the movement of fluids through the
				well bore out of the injection zone or between other zones of ground water.
				Cement plugs shall be used unless a comparable method has been approved by the
				secretary for the plugging of Class III wells at that site.
C. Prior to placement of the plugs, the well
				to be abandoned shall be in a state of static equilibrium with the mud weight
				equalized top to bottom, either by circulating the mud in the well at least
				once or by a comparable method approved by the secretary.
D. Placement of the plugs shall be
				accomplished by one of the following:
(1) the
				balance method; or
(2) the dump
				bailer method; or
(3) the two-plug
				method; or
(4) an equivalent method
				with the approval of the secretary.
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 6 - WATER QUALITY › Part 2 - GROUND AND SURFACE WATER PROTECTION › Section 20.6.2.5300 - REQUIREMENTS FOR CLASS I HAZARDOUS WASTE INJECTION WELLS

Current through Register Vol. 35, No. 13, July 16, 2024
A. Except as otherwise provided for in
				20.6.2.5300 through 20.6.2.5399 NMAC, Class I hazardous waste wells are subject
				to the minimum permit requirements for all Class I wells in 20.6.2.5000 through
				20.6.2.5299 NMAC, in addition to the requirements of 20.6.2.5300 through
				20.6.2.5399 NMAC. To the extent any requirement in 20.6.2.5300 through
				20.6.2.5399 NMAC conflicts with a requirement of 20.6.2.5000 through
				20.6.2.5299 NMAC, Class I hazardous waste injection wells must comply with
				20.6.2.5300 through 20.6.2.5399 NMAC.
B. Class I hazardous waste injection wells
				are only authorized for use by petroleum refineries for the waste generated by
				the refinery ("generator").
C. The
				New Mexico energy, minerals and natural resources department, oil conservation
				division will administer and oversee all permitting of Class I hazardous waste
				wells pursuant to 20.6.2.5300 through 20.6.2.5399 NMAC.