New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 5 - PETROLEUM STORAGE TANKS › Part 120 - CORRECTIVE ACTION FOR UST SYSTEMS CONTAINING OTHER REGULATED SUBSTANCES › Section 20.5.120.2002 - MINIMUM SITE ASSESSMENT, INITIAL ABATEMENT

Current through Register Vol. 35, No. 13, July 16, 2024
A. Owners and operators shall undertake the
				initial abatement and site investigation actions specified in this section
				within 72 hours of discovery or confirmation of a release pursuant to 20.5.118
				NMAC, using the default timeline as set forth in Subsection E of 20.5.120.2000
				NMAC or as otherwise approved by the department.
B. Owners and operators shall identify the
				location and details of construction of all private water supply wells, using
				readily accessible public records, within a 1,000-foot radius, and all public
				water supply wells within a one mile radius of the UST system, and shall
				determine if the identified wells lie within a designated wellhead protection
				area. Owners and operators shall take appropriate measures to protect these
				water supplies from contamination.
C. Owners and operators shall contain or
				remediate releases which present an imminent threat of contamination to or are
				within 500 feet of a surface water course as soon as practicable to prevent
				contamination of surface water. If the surface water course is a drinking water
				supply, within 24 hours owners and operators shall notify the owners or
				operators of all drinking water supplies likely to be affected by the
				release.
D. If the release has
				contaminated a water supply, owners and operators shall immediately provide a
				temporary replacement drinking water supply, as well as adequate warnings or
				other mechanisms to prevent persons from drinking or otherwise contacting water
				contaminated by the release. Within seven days of discovery or confirmation of
				a release pursuant to 20.5.118 NMAC that has contaminated a water supply,
				owners and operators shall provide a replacement water supply which is of
				adequate quality and quantity for drinking, bathing, cooking and washing.
				Owners and operators shall maintain the replacement water supply until an
				alternate water supply sufficient for all domestic purposes is
				available.
E. Owners and operators
				shall identify the depth, location, composition and construction of all
				underground utilities including water lines, sewer lines, communication cables,
				electric lines, and natural gas lines within the area of the release to assess
				the susceptibility of these utilities to permeation by contaminants or
				deterioration caused by contaminants. Owners and operators shall notify the
				utility owner that the release has occurred and obtain permission to perform a
				site check of the utilities or other subsurface structures most likely to be
				contaminated by the release to determine whether NAPL or vapors are
				present.
F. Owners and operators
				shall complete an investigation to determine whether potentially explosive or
				harmful vapors are present in any building, utility corridor, basement, or
				other surface or subsurface structure on or adjacent to the release site.
(1) The investigation shall include testing
				for vapors using the following:
(a) a
				combustible gas indicator or equivalent instrument calibrated according to the
				manufacturer's instructions to test for potentially explosive levels of vapors;
				and
(b) a photoionization detector,
				flame ionization detector or another method approved by the department
				calibrated according to the manufacturer's instructions to test for potentially
				harmful vapors.