New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 6 - WATER QUALITY › Part 2 - GROUND AND SURFACE WATER PROTECTION › Section 20.6.2.5004 - PROHIBITED UNDERGROUND INJECTION CONTROL ACTIVITIES AND WELLS

Current through Register Vol. 35, No. 13, July 16, 2024
A. No person shall
				perform the following underground injection activities nor operate the
				following underground injection control wells.
(1) The injection of fluids into a motor
				vehicle waste disposal well is prohibited. Motor vehicle waste disposal wells
				are prohibited. Any person operating a new motor vehicle waste disposal well
				(for which construction began after April 5, 2000) must close the well
				immediately. Any person operating an existing motor vehicle waste disposal well
				must cease injection immediately and must close the well by December 31, 2002,
				except as provided in this subsection.
(2) The injection of fluids into a large
				capacity cesspool is prohibited. Large capacity cesspools are prohibited. Any
				person operating a new large capacity cesspool (for which construction began
				after April 5, 2000) must close the cesspool immediately. Any person operating
				an existing large capacity cesspool must cease injection immediately and must
				close the cesspool by December 31, 2002.
(3) The injection of any hazardous or
				radioactive waste into a well is prohibited, except as provided in
				20.6.2.5300
				through 20.6.2.5399 NMAC or this subsection.
(a) Class I radioactive waste injection wells
				are prohibited, except naturally-occurring radioactive material (NORM)
				regulated under 20.3.1.1407 NMAC is allowed as a Class I non-hazardous waste
				injection well pursuant to Paragraph (1) of Subsection B of
				20.6.2.5002
				NMAC.
(b) Class IV wells are
				prohibited, except for wells re-injecting treated ground water into the same
				formation from which it was drawn as part of a removal or remedial action if
				the injection has prior approval from the environmental protection agency (EPA)
				or the department under the Comprehensive Environmental Response, Compensation,
				and Liability Act (CERCLA) or the Resource Conservation and Recovery Act
				(RCRA).
(4) Barrier
				wells, drainage wells, recharge wells, return flow wells, and motor vehicle
				waste disposal wells are prohibited, except when the discharger can demonstrate
				that the discharge will not adversely affect the health of persons, and
(a) the injection fluid does not contain a
				constituent or exhibit a physical parameter (which could include pH, redox
				condition or temperature) which may cause an exceedance at any place of present
				or reasonable foreseeable future use of any primary state drinking water
				maximum contaminant level as specified in the water supply regulations,
				"Drinking Water" (20.7.10 NMAC), adopted by the environmental improvement board
				under the Environmental Improvement Act or the standard of
				20.6.2.3103
				NMAC, whichever is more stringent;
(b) the discharger can demonstrate that the
				injection will result in an overall or net improvement in water quality as
				determined by the secretary.