reglab/statecodes huggingface dataset:
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 11 - GEOTHERMAL RESOURCES DEVELOPMENT › Part 1 - GENERAL PROVISIONS › Section 19.11.1.5 - EFFECTIVE DATE

Current through Register Vol. 35, No. 13, July 16, 2024
February 27, 2018, except where a later date is cited at the
				  end of a section.
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 11 - GEOTHERMAL RESOURCES DEVELOPMENT › Part 1 - GENERAL PROVISIONS › Section 19.11.1.6 - OBJECTIVE

Current through Register Vol. 35, No. 13, July 16, 2024
The objective of 19.11.1 NMAC is to set forth general
				  provisions and definitions pertaining to the authority of the energy
				  conservation and management division pursuant to the Geothermal Resources
				  Development Act, Section
				  71-9-1 et
				  seq. NMSA 1978 (2016).
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 11 - GEOTHERMAL RESOURCES DEVELOPMENT › Part 1 - GENERAL PROVISIONS › Section 19.11.1.7 - DEFINITIONS

Current through Register Vol. 35, No. 13, July 16, 2024
These definitions apply to 19.11.1 through 19.11.4 NMAC. See
				  Section 71-9-3 NMSA 1978 (2016) for the definitions of
"correlative
				  rights"
,
"division"
,
"geothermal reservoir"
,
"geothermal resources"
and
"person"
.
A.
Definitions beginning with the
				letter "A".
(1)
"Act"
means the Geothermal Resources Development Act, Section 71-9-1 et seq. NMSA
				1978 (2016).
(2)
"Affected
				person"
means a person having a property interest, water right or
				geothermal resource interest (correlative right) within the public notice area
				specified in Subsection B of 19.11.2.13 NMAC.
(3)
"Applicant"
means any person
				who applies with the division for a permit to construct, modify or operate a
				well or facility used for the exploration, development or production of
				geothermal resources.
(4)
"Annular space"
means the space between the walls of the well as
				drilled and the casing or between a permanent casing and the
				borehole.
(5)
"ASL"
means above sea level.
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 11 - GEOTHERMAL RESOURCES DEVELOPMENT › Part 1 - GENERAL PROVISIONS › Section 19.11.1.8 - CONFIDENTIAL INFORMATION PROTECTION

Current through Register Vol. 35, No. 13, July 16, 2024
A. Applicants or permittees who submit
				information to the division may claim such information as confidential.
				Applicants or permittees must assert any claim of confidentiality at the time
				of submittal.
B. To claim
				confidentiality of information in a submittal, the applicant or permittee must
				clearly mark each page in the document on which the applicant or permittee
				claims there is confidential information, and submit to the division a written
				description of the basis for the claim of confidentiality and why the
				information meets the requirements for a claim of confidentiality at the time
				it submits the document to the division. The division shall review the claim of
				confidentiality based on the written submittal and determine whether the
				information may be maintained as confidential pursuant to the Inspection of
				Public Records Act, Section
				14-2-1
				et seq. NMSA 1978 (1993, as amended). The division shall determine whether the
				information may be maintained as confidential prior to reviewing an application
				or request for approval. If the division determines that information in a
				submittal is confidential, the division may require submission of redacted
				copies of the submittal for the public record.
C. If no claim of confidentiality is made at
				the time of submission, any such claims are deemed waived and the division may
				make the information available to the public without further notice.
D. The division will deny claims of
				confidentiality for the name and address of any applicant or permittee or any
				information that deals with the existence, absence or level of contaminants in
				drinking water or the document is otherwise publicly available.
E. Information the division determines is
				confidential may be disclosed to officers, employees or authorized
				representatives of the division, or may be used in any proceedings conducted
				pursuant to the Act when such information is essential to such proceeding. The
				division may close that part of a proceeding where confidential information
				covered by Section
				71-2-8
				NMSA 1978 is discussed by the division.
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 11 - GEOTHERMAL RESOURCES DEVELOPMENT › Part 1 - GENERAL PROVISIONS › Section 19.11.1.9 - OTHER REQUIREMENTS

Current through Register Vol. 35, No. 13, July 16, 2024
A permittee shall allow any division employee upon notice
				  and presentation of proper credentials to:
A. enter the property where wells are located
				or the facility at reasonable times;
B. inspect and copy records required by an
				abatement plan;
C. inspect any
				treatment works, monitoring and analytical equipment;
D. sample any wastes, ground water, surface
				water, stream sediment, plants, animals or vadose-zone material including
				vadose-zone vapor, geothermal resources or material medium;
E. use monitoring systems and wells under the
				permittee's control to collect samples of any media listed in Subsection D of
				19.11.1.9 NMAC; and
F. gain access
				to off-site property the permittee does not own or control, but is accessible
				to the permittee through a third-party access agreement, provided the agreement
				allows it.
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 11 - GEOTHERMAL RESOURCES DEVELOPMENT › Part 1 - GENERAL PROVISIONS › Section 19.11.1.10 - TRANSITIONAL PROVISIONS

Current through Register Vol. 35, No. 13, July 16, 2024
Pursuant to the Act, Section 71-9-11 NMSA 1978, all permits,
				  orders and determinations issued pursuant to the Geothermal Resources
				  Conservation Act shall be administered by the division and shall remain in
				  effect as provided in 19.11.1.10 NMAC.
A. The permittee under any permit, order or
				determination issued pursuant to the GRCA which authorizes the drilling and
				operation of a geothermal well may apply at any time, pursuant to the Act and
				19.11.1 through 19.11.4 NMAC, for the issuance of a geothermal well permit
				covering such well or the inclusion of the geothermal well in a geothermal
				facility permit. Upon issuance of the permit or inclusion of the well in the
				geothermal facility permit, the permit, order or determination issued pursuant
				to the GRCA shall expire.
B. A
				permittee under a permit, order or determination issued pursuant to the GRCA
				may seek a minor permit modification, as defined in 19.11.2.10 NMAC, and shall
				follow the procedures in 19.11.2 NMAC. Any modification other than a minor
				permit modification shall be considered an application for a new geothermal
				well permit pursuant to Subsection A of 19.11.1.10 NMAC. Any hearings initiated
				concerning a permit, order or determination issued pursuant to the GRCA shall
				be conducted in accordance with 19.11.3 NMAC.
C. All permits, orders or determinations
				issued pursuant to the GRCA shall expire five years from the effective date of
				19.11.1 through 19.11.4 NMAC unless there is a pending application submitted
				pursuant to Subsection A of 19.11.1.10 NMAC.
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 11 - GEOTHERMAL RESOURCES DEVELOPMENT › Part 2 - PERMITS › Section 19.11.2.3 - STATUTORY AUTHORITY

Current through Register Vol. 35, No. 13, July 16, 2024
Geothermal Resources Development Act, Section
				  71-9-1 et
				  seq. NMSA 1978 (2016).
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 11 - GEOTHERMAL RESOURCES DEVELOPMENT › Part 2 - PERMITS › Section 19.11.2.5 - EFFECTIVE DATE

Current through Register Vol. 35, No. 13, July 16, 2024
February 27, 2018, except where a later date is cited at the
				  end of a section.
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 11 - GEOTHERMAL RESOURCES DEVELOPMENT › Part 2 - PERMITS › Section 19.11.2.6 - OBJECTIVE

Current through Register Vol. 35, No. 13, July 16, 2024
The objective of 19.11.2 NMAC is to require persons to obtain
				  a permit prior to commencing exploration, development and production of
				  geothermal resources and to establish procedures for application for and
				  approval or denial of permits.
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 11 - GEOTHERMAL RESOURCES DEVELOPMENT › Part 2 - PERMITS › Section 19.11.2.8 - INFORMATION TO STATE ENGINEER

Current through Register Vol. 35, No. 13, July 16, 2024
A. The
				division shall notify the office of state engineer when it receives an
				application for a geothermal well permit or geothermal facility
				permit.
B. When the applicant
				proposes to reinject all ground water as soon as practicable into the same
				ground water source from which it was diverted, resulting in no new depletion
				to the source, the division shall also provide the state engineer all
				information available to the division regarding the proposed diversion and
				reinjection and shall request the opinion of the state engineer as to whether
				existing ground water rights sharing the same ground water source may be
				impaired.
C. If the state engineer
				determines that the information provided is sufficient to render an opinion and
				it is the opinion of the state engineer that any existing ground water rights
				may be impaired, the division, upon receipt of the opinion of the state
				engineer, shall notify the applicant or permittee who shall submit to the
				division by the date specified in the notification a plan of replacement for
				any existing ground water rights that are likely to be impaired.
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 11 - GEOTHERMAL RESOURCES DEVELOPMENT › Part 2 - PERMITS › Section 19.11.2.9 - PERMIT REQUIRED

Current through Register Vol. 35, No. 13, July 16, 2024
Except as provided in 19.11.1.10 NMAC, no person shall
				  explore, develop or produce a geothermal resource including drilling or
				  operating an injection well except pursuant to and in accordance with the terms
				  and conditions of a permit issued by the division under the Act. The applicant
				  for a permit or permit modification, renewal or transfer shall be the person
				  who has the right to produce the geothermal resource either through ownership,
				  lease, permit or other right. The permittee is responsible for the actions of
				  its officers, employees, consultants, contractors and subcontractors as they
				  relate to the exploration, development or production of the geothermal
				  resource. Any person who is involved in the exploration, development or
				  production of a geothermal resource shall comply with the Act, 19.11.1 through
				  19.11.4 NMAC and the permit.
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 11 - GEOTHERMAL RESOURCES DEVELOPMENT › Part 2 - PERMITS › Section 19.11.2.11 - CHANGING, SUPPLEMENTING OR CORRECTING APPLICATIONS

Current through Register Vol. 35, No. 13, July 16, 2024
A. Prior to the division's final decision on
				an application, the applicant shall have a duty to promptly supplement and
				correct information submitted in the application. The duty to supplement shall
				include relevant information thereafter acquired or otherwise determined to be
				relevant.
B. The process provided
				in 19.11.2.10 NMAC is not intended to limit informal informational exchanges
				during the application review period or prior to submission of an application.
				The process also does not prohibit an applicant from withdrawing an application
				and submitting a new application.
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 11 - GEOTHERMAL RESOURCES DEVELOPMENT › Part 2 - PERMITS › Section 19.11.2.12 - PERMIT DECISIONS AND APPEALS

Current through Register Vol. 35, No. 13, July 16, 2024
A. The division shall, in a timely manner
				after its receipt of an application for a permit, or modification or renewal of
				a permit, evaluate such application and determine whether it is acceptable for
				review. An application that is acceptable for review is one that includes the
				information 19.11.2.10 NMAC requires. If the division deems the application:
(1) acceptable for review, the division shall
				send a letter by e-mail and physical mail to the applicant notifying that
				applicant that the division will review the application;
(2) not acceptable for review, the division
				shall send a letter by e-mail and physical mail to the applicant stating what
				additional information or points of clarification are necessary to deem the
				application acceptable for review; upon receipt of the additional information
				or clarification, the division shall promptly review such information and
				determine whether the application is acceptable for review;
(3) acceptable for review but no permit is
				required, the division shall send a letter by e-mail and physical mail to the
				applicant informing the applicant of the determination.
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 11 - GEOTHERMAL RESOURCES DEVELOPMENT › Part 2 - PERMITS › Section 19.11.2.14 - BASIS FOR DENIAL OF PERMIT

Current through Register Vol. 35, No. 13, July 16, 2024
The division shall deny an application for a permit or permit
				  modification or renewal if the construction or operation of the geothermal well
				  or facility will not or does not comply with the Act or the rules promulgated
				  pursuant to the Act.
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 11 - GEOTHERMAL RESOURCES DEVELOPMENT › Part 2 - PERMITS › Section 19.11.2.15 - PERMIT CONDITIONS

Current through Register Vol. 35, No. 13, July 16, 2024
A. The
				contents of the application specifically identified by the division shall
				become terms and conditions of the permit or permit modification.
B. The division shall, as appropriate,
				specify conditions upon a permit, including:
(1) placement of geothermal wells in
				accordance with the location limitations in 19.11.4.8 NMAC;
(2) financial assurance requirements in
				accordance with 19.11.2.18 NMAC;
(3) well-construction in accordance with
				19.11.4.10 NMAC;
(4) blowout
				prevention requirements in accordance with 19.11.4.11 NMAC;
(5) operating limitations in accordance with
				19.11.4.12 NMAC;
(6) testing and
				monitoring requirements in accordance with 19.11.4.13 NMAC;
(7) recordkeeping and reporting requirements
				in accordance with 19.11.4.14 NMAC;
(8) surface facility requirements in
				accordance with 19.11.4.15 NMAC;
(9) abandonment requirements in accordance
				with 19.11.4.16 NMAC;
(10) pit
				design, construction and operating plan and closure remediation plan
				requirements in accordance with 19.11.4.17 NMAC;
(11) disposal requirements in accordance with
				19.11.4.20 NMAC; and
(12) other
				operational requirements, including additional testing, monitoring,
				recordkeeping and reporting or construction requirements deemed necessary to
				protect life, health, correlative rights, property, natural resources, the
				environment or the public welfare.
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 11 - GEOTHERMAL RESOURCES DEVELOPMENT › Part 2 - PERMITS › Section 19.11.2.16 - PERMIT CANCELLATION, TERMINATION AND MODIFICATION

Current through Register Vol. 35, No. 13, July 16, 2024
A. The division shall automatically cancel
				any permit for any well that has been plugged and abandoned or any facility
				that has been closed in accordance with the requirements of 19.11.4 NMAC and
				the permit.
B. The division may
				terminate or modify a permit during its term, or deny a permit renewal
				application, by following the procedures in 19.11.2.12 NMAC, for the following
				causes:
(1) the permittee's noncompliance
				with any condition of the permit or 19.11.4 NMAC;
(2) the permittee's failure in the
				application or during the permit issuance process to disclose fully all
				relevant facts or the permittee's misrepresentation of any relevant facts at
				any time;
(3) a determination that
				the permitted activity has a reasonable likelihood to endanger life, health,
				property, natural resources (including geothermal and fresh water resources),
				the environment or the public welfare and can only be regulated to acceptable
				levels by permit modification or termination;
(4) a determination that the permitted
				activity is not protective of correlative rights of other geothermal resource
				leaseholders or owners;
(5) a
				determination that hazardous waste as defined in
				40 CFR
				261.3 is being injected into an injection
				well either because the definition has been revised, or because a previous
				determination has been changed.
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 11 - GEOTHERMAL RESOURCES DEVELOPMENT › Part 2 - PERMITS › Section 19.11.2.17 - CORRECTIVE ACTION

Current through Register Vol. 35, No. 13, July 16, 2024
A. Applicants
				for injection well permits or for geothermal facility permits that include
				injection wells shall identify the location of all known wells (applicant's
				wells or wells of other parties), within a two-mile radius of the injection
				well, that penetrates the injection zone. For wells that are improperly sealed,
				completed or abandoned, the applicant shall also submit a plan consisting of
				such steps or modifications as are necessary to prevent movement of fluid into
				underground sources of fresh water ("corrective action"). Where the plan is
				adequate, the division shall incorporate it into the permit as a condition.
				Where the division's review of an application indicates that the applicant's
				plan is inadequate, the division shall require the applicant to revise the
				plan, prescribe a plan for corrective action as a condition of the permit or
				deny the application. An applicant may request a hearing, pursuant to 19.11.3.8
				NMAC, regarding the corrective action plan or the denial of the corrective
				action plan.
B. No permittee of a
				new injection well or for a geothermal facility permit that includes a new
				injection well may begin injection until the permittee has taken all required
				corrective action. Any permit issued for or that includes an existing injection
				well requiring corrective action shall include a compliance schedule requiring
				the permittee to complete any corrective action accepted or prescribed under
				Subsection A of 19.11.2.17 NMAC as soon as possible.
C. A permittee shall take all reasonable
				steps to minimize or correct any adverse impact on the environment resulting
				from non-compliance with the permit.
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 11 - GEOTHERMAL RESOURCES DEVELOPMENT › Part 3 - HEARINGS › Section 19.11.3.3 - STATUTORY AUTHORITY

Current through Register Vol. 35, No. 13, July 16, 2024
Geothermal Resources Development Act, Section
				  71-9-1 et
				  seq. NMSA 1978 (2016).
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 11 - GEOTHERMAL RESOURCES DEVELOPMENT › Part 3 - HEARINGS › Section 19.11.3.5 - EFFECTIVE DATE

Current through Register Vol. 35, No. 13, July 16, 2024
February 27, 2018, except where a later date is cited at the
				  end of a section.
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 11 - GEOTHERMAL RESOURCES DEVELOPMENT › Part 3 - HEARINGS › Section 19.11.3.6 - OBJECTIVE

Current through Register Vol. 35, No. 13, July 16, 2024
The objective of 19.11.3 NMAC is to establish procedures for
				  hearings before the energy conservation and management division pursuant to the
				  Geothermal Resources Development Act, Section
				  71-9-1 et
				  seq. NMSA 1978 (2016).
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 11 - GEOTHERMAL RESOURCES DEVELOPMENT › Part 3 - HEARINGS › Section 19.11.3.8 - PERMIT HEARING

Current through Register Vol. 35, No. 13, July 16, 2024
The applicant or permittee, affected persons or interested
				  persons may file a request with the division for a permit hearing. The person
				  requesting a permit hearing or an attorney representing that person shall sign
				  the hearing request. The director shall generally grant a permit hearing if the
				  applicant or an affected person requests a hearing. However, the director has
				  discretion to deny a hearing request if the issues are not substantial or have
				  previously been heard and decided before the Oil Conservation Division, the Oil
				  Conservation Commission or the division and the parties to the hearing, other
				  than the division, would be the same as the parties to the original hearing. If
				  the applicant or an affected person does not request a hearing, the director
				  may grant a hearing if there is significant public interest in the application;
				  or if the director determines, in his or her discretion, that a hearing may
				  clarify one or more substantial issues involved in the permit. Permit hearings
				  shall be held in Santa Fe. The hearing request shall be submitted in writing to
				  the division and be postmarked or e-mailed by the close of the public comment
				  period in Paragraph (3) of Subsection A of 19.11.2.13 NMAC. The hearing request
				  shall include:
A. the requestor's
				name;
B. the requestor's address,
				or the address of the requestor's attorney, including an e-mail address and
				phone number if available;
C. the
				division's action that is disputed or a copy of the public notice referencing
				the division's action;
D. the name
				or general description of the property interest that the division's action
				affects, if any;
E. briefly, the
				general nature of the dispute with the division's action or proposed action;
				and
F. any other matter division
				rules or a division order requires.
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 11 - GEOTHERMAL RESOURCES DEVELOPMENT › Part 3 - HEARINGS › Section 19.11.3.9 - PERMIT HEARING NOTICE

Current through Register Vol. 35, No. 13, July 16, 2024
A. The division
				shall publish notice of a permit hearing in the name of the "State of New
				Mexico", signed by the director stating:
(1)
				the time and place for the hearing;
(2) the hearing requestor's name and address,
				or address of the requestor's attorney, including an e-mail address, if
				available;
(3) a case name and
				number;
(4) brief description of
				the purpose of the hearing; and
(5)
				a reasonable description of the subject matter of the hearing that alerts
				persons who may be affected if the division approves or enacts the proposed
				action.
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 11 - GEOTHERMAL RESOURCES DEVELOPMENT › Part 3 - HEARINGS › Section 19.11.3.10 - PARTIES TO PERMIT HEARINGS

Current through Register Vol. 35, No. 13, July 16, 2024
The parties to a permit hearing shall include:
A. the division;
B. the applicant or permittee of the
				geothermal well or facility; and
C.
				an affected person who has requested a hearing or to intervene in the
				hearing.
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 11 - GEOTHERMAL RESOURCES DEVELOPMENT › Part 3 - HEARINGS › Section 19.11.3.11 - CONDUCT OF HEARINGS

Current through Register Vol. 35, No. 13, July 16, 2024
A.
Testimony.
Hearings shall be conducted without rigid formality.
				The division shall take or have someone take a transcript or recording of the
				testimony and preserve it as part of the division's records. A person
				testifying shall do so under oath. The hearing examiner shall designate whether
				an interested person's unsworn comments and observations are relevant and, if
				relevant, include the comments and observations in the record.
B.
Pre-filed testimony.
The
				director or hearing examiner may order the parties to file prepared written
				testimony in advance of the hearing. The witness shall be present at the
				hearing and shall adopt, under oath, the prepared written testimony, subject to
				cross-examination and motion to strike the unless the witness' presence at
				hearing is waived upon notice to other parties and without their objection. The
				parties shall number pages of prepared written testimony, which shall contain
				line numbers on the left-hand side.
C.
Appearances pro se or through
				attorney.
Parties may appear and participate in hearings either pro se
				(on their own behalf) or through an attorney. Corporations, partnerships,
				governmental entities, political subdivisions, unincorporated associations and
				other collective entities may appear only through an attorney or duly
				authorized officer or member. Participation in hearings shall be limited to
				parties as defined in 19.11.3.10 NMAC, except that a representative of a
				federal, state or tribal governmental agency or political subdivision may make
				a statement on the agency's or political subdivision's behalf. The hearing
				examiner shall have the discretion to allow other persons at the hearing to
				make a relevant statement, but not to present evidence or cross examine
				witnesses. A person making a statement shall be subject to cross-examination by
				the parties or their attorneys.
D.
Presentation of evidence.
The hearing examiner shall afford full
				opportunity to the parties at a hearing to present evidence and to
				cross-examine witnesses. The rules of evidence applicable in a trial before a
				court without a jury shall not control, but hearing examiners may use such
				rules as guidance in conducting hearings. The hearing examiner may admit
				relevant evidence, unless it is immaterial, repetitious or otherwise
				unreliable. The hearing examiner may take administrative notice of the
				authenticity of documents copied from the division's files.
E. Parties introducing exhibits at hearings
				shall provide a complete set for the court reporter, if applicable, the hearing
				examiner and other parties.
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 11 - GEOTHERMAL RESOURCES DEVELOPMENT › Part 3 - HEARINGS › Section 19.11.3.12 - HEARING EXAMINER'S POWER AND AUTHORITY

Current through Register Vol. 35, No. 13, July 16, 2024
The hearing examiner to whom the director refers a matter
				  shall have full authority to hold a hearing on the matter, subject only to such
				  limitations as the director may order in a case. The hearing examiner shall
				  have the power to perform all acts and take all measures necessary and proper
				  for the hearing's efficient and orderly conduct, including administering oaths
				  to witnesses, receiving testimony and exhibits offered in evidence and ruling
				  upon such objections as may be interposed. The hearing examiner shall cause a
				  complete record of the proceedings to be made and transcribed or recorded and
				  shall certify the record of the proceedings to the director.
A. The hearing examiner may hold a
				pre-hearing conference prior to the hearing on the merits on cases pending
				before the division upon a party's request or upon the hearing examiner giving
				notice. The pre-hearing conference's purpose shall be to narrow issues,
				eliminate or resolve other preliminary matters and encourage settlement. The
				director or hearing examiner shall either provide or ensure that written or
				oral notice of a pre-hearing conference is given to the parties.
B. The director or hearing examiner may rule
				on motions that are necessary or appropriate for disposition prior to the
				hearing on the merits. Prior to ruling on a motion, the director or hearing
				examiner shall give written or oral notice to each party who has filed an
				appearance in the case and who may have an interest in the motion's disposition
				(except a party who has indicated that it does not oppose the motion), and
				shall allow parties a reasonable opportunity to respond to the motion. The
				director or hearing examiner may conduct a hearing on the motion, following
				written or oral notice to the parties.
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 11 - GEOTHERMAL RESOURCES DEVELOPMENT › Part 3 - HEARINGS › Section 19.11.3.13 - REPORT AND RECOMMENDATIONS FROM HEARING EXAMINER

Current through Register Vol. 35, No. 13, July 16, 2024
Upon conclusion of a hearing, the hearing examiner shall
				  promptly consider the proceedings in such hearing, and based upon the hearing's
				  record prepare a written report with recommendations for the division's
				  disposition of the matter or proceeding. The hearing examiner shall draft a
				  proposed order and submit it to the director with the certified record of the
				  hearing.
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 11 - GEOTHERMAL RESOURCES DEVELOPMENT › Part 3 - HEARINGS › Section 19.11.3.14 - DISPOSITION OF CASES HEARD BY A HEARING EXAMINER

Current through Register Vol. 35, No. 13, July 16, 2024
After receipt of the hearing examiner's report, the director
				  shall enter the division's order, which the director may have modified from the
				  hearing examiner's proposed order disposing of the matter.
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 11 - GEOTHERMAL RESOURCES DEVELOPMENT › Part 3 - HEARINGS › Section 19.11.3.15 - CIVIL PENALTIES AND HEARINGS

Current through Register Vol. 35, No. 13, July 16, 2024
A. If a person violates the provisions of the
				Act or the rules promulgated pursuant to the Act or an order or permit issued
				pursuant to the Act, the division may assess the person a civil penalty of
				$2,500 for each violation. In the case of a continuing violation, each day of
				violation shall constitute a separate violation.
B. To begin an action for a civil penalty,
				the division will issue a notice of violation. The notice of violation shall:
(1) identify the person against whom the
				order is sought;
(2) identify the
				provision of the Act or the provision of the rule, permit or order issued
				pursuant to the Act allegedly violated;
(3) provide a general description of the
				facts supporting the allegations;
(4) state the sanction or sanctions sought;
				and
(5) provide the date, time and
				place of the public hearing.
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 11 - GEOTHERMAL RESOURCES DEVELOPMENT › Part 4 - CONSTRUCTION AND OPERATION › Section 19.11.4.2 - SCOPE

Current through Register Vol. 35, No. 13, July 16, 2024
All persons who engage in the exploration, development or
				  production of a geothermal resource.
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 11 - GEOTHERMAL RESOURCES DEVELOPMENT › Part 4 - CONSTRUCTION AND OPERATION › Section 19.11.4.3 - STATUTORY AUTHORITY

Current through Register Vol. 35, No. 13, July 16, 2024
Geothermal Resources Development Act, Section
				  71-9-1 et
				  seq. NMSA 1978 (2016).
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 11 - GEOTHERMAL RESOURCES DEVELOPMENT › Part 4 - CONSTRUCTION AND OPERATION › Section 19.11.4.5 - EFFECTIVE DATE

Current through Register Vol. 35, No. 13, July 16, 2024
February 27, 2018, except where a later date is cited at the
				  end of a section.
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 11 - GEOTHERMAL RESOURCES DEVELOPMENT › Part 4 - CONSTRUCTION AND OPERATION › Section 19.11.4.6 - OBJECTIVE

Current through Register Vol. 35, No. 13, July 16, 2024
The objective of 19.11.4 NMAC is to establish rules to ensure
				  the exploration, development and production of geothermal resources is
				  conducted in a manner that safeguards life, health, property, natural
				  resources, the environment and the public welfare, and to encourage maximum
				  economic recovery.
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 11 - GEOTHERMAL RESOURCES DEVELOPMENT › Part 4 - CONSTRUCTION AND OPERATION › Section 19.11.4.8 - GEOTHERMAL WELL LOCATION LIMITATIONS

Current through Register Vol. 35, No. 13, July 16, 2024
Any well drilled for the exploration, development or
				  production of geothermal resources or as an injection well shall be located 100
				  feet or more from and within the outer boundary of the parcel of land on which
				  the well is situated, or 100 feet or more from a public road, street or highway
				  dedicated prior to the commencement of drilling. The division may modify or
				  waive this requirement upon written request if the applicant can demonstrate
				  that public safety is preserved and that the integrity of the geothermal source
				  is not jeopardized.
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 11 - GEOTHERMAL RESOURCES DEVELOPMENT › Part 4 - CONSTRUCTION AND OPERATION › Section 19.11.4.9 - PERMITTEE'S NOTIFICATION REQUIREMENTS AND REQUESTS FOR APPROVAL TO DIVISION

Current through Register Vol. 35, No. 13, July 16, 2024
A permittee shall notify the division with:
A. a written notice of intent to engage in
				any one of the following activities:
(1) make
				a minor change in the operation of the well (minor changes include changing
				capillary tubing, pulling or replacing a pump or any other change the division
				considers a minor change);
(2)
				conduct a spinner, pressure or temperature survey test or another test that
				does not modify the well structure;
(3) conduct a flow test on a production
				well;
(4) perform routine
				maintenance on a well;
(5) removal
				of fluids from on-site pits or closed-loop systems per Paragraph (3) of
				Subsection D of 19.11.4.17 NMAC; or
(6) change in location of a well that is
				within the approved area of a geothermal well or facility permit (this will
				require the permittee to apply for a minor permit modification pursuant to
				Subparagraph F of 19.11.2.10 NMAC so that the permit will reflect the new
				location).
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 11 - GEOTHERMAL RESOURCES DEVELOPMENT › Part 4 - CONSTRUCTION AND OPERATION › Section 19.11.4.11 - BLOWOUT PREVENTION

Current through Register Vol. 35, No. 13, July 16, 2024
The permittee shall take all necessary precautions to always
				  keep wells under operational control and mechanical integrity. The permittee
				  shall install BOPE, capable of shutting in the well during any operation, on
				  the surface casing and always maintained ready for use. If necessary, the
				  permittee shall equip the BOPE to be remotely activated. The equipment shall be
				  rated for operating at pressures and temperatures exceeding the maximum
				  pressure and temperature anticipated for the well.
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 11 - GEOTHERMAL RESOURCES DEVELOPMENT › Part 4 - CONSTRUCTION AND OPERATION › Section 19.11.4.12 - OPERATING LIMITATIONS

Current through Register Vol. 35, No. 13, July 16, 2024
The division shall establish operating limitations, for all
				  production or injection wells, deemed necessary to protect life, health,
				  correlative rights, property, natural resources, the environment or the public
				  welfare. The permittee shall operate all wells within the operating parameter
				  limits established in the permit. The permittee shall not operate a new
				  injection well before receiving authorization to inject from the
				  division.
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 11 - GEOTHERMAL RESOURCES DEVELOPMENT › Part 4 - CONSTRUCTION AND OPERATION › Section 19.11.4.14 - RECORDKEEPING AND REPORTING

Current through Register Vol. 35, No. 13, July 16, 2024
The permittee shall maintain all records, notifications and
				  reports, according to the following timelines, at the well location, if the
				  well is associated with an operating surface facility, or at the permittee's
				  business office located within the state of New Mexico.
A.
Recordkeeping of well-construction
				testing and monitoring.
The permittee shall maintain records and reports
				associated with well-construction testing and monitoring in Subsection A of
				19.11.4.13 NMAC, generated and collected during construction of all injection
				or production wells for the life of the well up to the time the well is plugged
				and abandoned.
B.
Recordkeeping of well-operation testing and monitoring.
The
				permittee shall maintain records and reports associated with well-operation
				testing and monitoring in Subsection B of 19.11.4.13 NMAC, generated and
				collected during operation of all injection or production wells for a period of
				five years from the date the record or report was created.
C. The permittee shall submit reports of
				well-construction testing and monitoring associated with Paragraphs (1) through
				(3) of Subsection A of 19.11.4.13 NMAC to the division no later than 60 days
				after completion of drilling activities. The permittee shall submit records of
				well-construction testing and monitoring associated with Paragraphs (4) through
				(5) of Subsection A of 19.11.4.13 NMAC to the division no later than 30 days
				prior to placing the well into operation. The responsible official shall sign
				reports.
D. The permittee shall
				submit reports of well-operation testing and monitoring associated with
				Paragraph (1) of Subsection B of 19.11.4.13 NMAC to the division no later than
				60 days after injection is started. The permittee shall submit records of
				well-operation testing and monitoring associated with Paragraphs (2) through
				(5) of Subsection B of 19.11.4.13 NMAC to the division semi-annually in a
				format specified by permit. The responsible official shall sign
				reports.
E. The permittee shall
				perform all pit recordkeeping and reporting in accordance with Paragraphs (4)
				through (5) of Subsection D of 19.11.4.17 NMAC.
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 11 - GEOTHERMAL RESOURCES DEVELOPMENT › Part 4 - CONSTRUCTION AND OPERATION › Section 19.11.4.15 - GEOTHERMAL SURFACE FACILITIES

Current through Register Vol. 35, No. 13, July 16, 2024
A.
General.
The permittee shall maintain all well heads, separators,
				pumps, mufflers, manifolds, valves, pipelines and other equipment of geothermal
				resources in good condition to prevent loss of or damage to life, health,
				property, natural resources, the environment or the public welfare.
B.
Corrosion.
The permittee
				shall quarterly inspect all surface well-head equipment and pipelines and
				subgrade appurtenances and master valves for signs of corrosion to safeguard
				life, health, property, natural resources, the environment and the public
				welfare.
C.
Tests.
The
				division may require such tests or remedial work as in its judgment are
				necessary to prevent damage to life, health, property, natural resources, the
				environment and the public welfare and to protect geothermal reservoirs from
				damage or to prevent the infiltration of detrimental substances into
				underground or surface water suitable for irrigation or other beneficial uses
				to the best interest of the neighboring property owners and the public. Such
				tests may include casing tests, cementing tests and equipment tests.
D.
Reclamation.
Where the
				permittee is not the surface owner, the permittee shall maintain a
				post-geothermal resource production land use plan that details how the surface
				area disturbed by the geothermal surface facilities will be reclaimed to
				achieve the proposed use and written approval of the surface owner for the
				proposed use.
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 11 - GEOTHERMAL RESOURCES DEVELOPMENT › Part 4 - CONSTRUCTION AND OPERATION › Section 19.11.4.16 - PLUGGING AND ABANDONMENT

Current through Register Vol. 35, No. 13, July 16, 2024
A. Prior
				to plugging and abandoning a geothermal well, the permittee shall file with the
				division an application for permission to abandon and plug a geothermal well.
				The application shall be accompanied by a detailed statement of the proposed
				activity. This condition applies only to wells that have not received plugging
				and abandoning approvals in a well or facility permit.
B. The following provisions apply to the
				abandonment of an exploration or observation well.
(1) If the well was drilled with air and no
				water was encountered, the permittee shall backfill the hole with cuttings and
				place a cement plug of 50 linear feet at the top of the well.
(2) If the well was drilled with mud or
				drilled with air and water was encountered, the permittee shall fill the bore
				with mud and place a cement plug 50 linear feet at the top of the
				well.
(3) The permittee shall
				restore the surface to near original condition including the restoration of
				native vegetation.
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 11 - GEOTHERMAL RESOURCES DEVELOPMENT › Part 4 - CONSTRUCTION AND OPERATION › Section 19.11.4.18 - TABLE 1 - CLOSURE CRITERIA FOR SOILS BENEATH DRYING PADS ASSOCIATED WITH CLOSED-LOOP SYSTEMS

Current through Register Vol. 35, No. 13, July 16, 2024
Depth below bottom of pit to ground water less than
								10,000 mg/l TDS
Constituent
Method*
Limit**
=<50 feet
Chloride
EPA 300.0
600 mg/kg
51-100 feet
Chloride
EPA 300.0
10,000 mg/kg
>100 feet
Chloride
EPA 300.0
20,000 mg/kg
*Or other test methods approved by the division
**Numerical limits or natural background level, whichever is
				  greater
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 11 - GEOTHERMAL RESOURCES DEVELOPMENT › Part 4 - CONSTRUCTION AND OPERATION › Section 19.11.4.19 - TABLE 2 - CLOSURE CRITERIA FOR GEOTHERMAL WASTE LEFT IN PLACE IN PITS

Current through Register Vol. 35, No. 13, July 16, 2024
Depth below bottom of pit to ground water less than
								10,000 mg/l TDS
Constituent
Method*
Limit**
25-50 feet
Chloride
EPA 300.0
20,000 mg/kg
51-100 feet
Chloride
EPA 300.0
40,000 mg/kg
>100 feet
Chloride
EPA 300.0
80,000 mg/kg
*Or other test methods approved by the division
**Numerical limits or natural background level, whichever is
				  greater
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 11 - GEOTHERMAL RESOURCES DEVELOPMENT › Part 4 - CONSTRUCTION AND OPERATION › Section 19.11.4.20 - DISPOSAL OF GEOTHERMAL RESOURCES, RESIDUE OF GEOTHERMAL RESOURCES OR NONDOMESTIC WASTE FROM THE EXPLORATION, DEVELOPMENT OR PRODUCTION OF GEOTHERMAL RESOURCES

Current through Register Vol. 35, No. 13, July 16, 2024
Persons disposing of geothermal resources, residue of
				  geothermal resources or nondomestic waste from the exploration, development or
				  production of geothermal resources shall do so in a manner that does not
				  constitute a hazard to life, health, property, natural resources, the
				  environment or the public welfare. The permittee shall dispose of geothermal
				  resources, residue of geothermal resources or nondomestic waste from the
				  exploration, development or production of geothermal resources as provided in
				  19.11.4.17 or 19.11.4.20 NMAC, or at a facility permitted to accept the
				  products.
A. The permittee may
				discharge geothermal resources, residue of geothermal resources or nondomestic
				waste from the exploration, development or production of geothermal resources
				to an above ground surface impoundment that meets the requirements of
				Subsection B of 19.11.4.20 NMAC, provided the other requirements of 19.11.4
				NMAC are met and the permittee submits, and the division approves, a discharge
				plan that conforms to the following requirements:
(1) the effluent shall not contain any
				detectable toxic pollutant as defined in 20.6.2 NMAC;
(2) the amount of effluent that enters the
				subsurface from a surface impoundment shall not exceed 0.5 acre-feet per acre
				per year, calculated as a monthly rolling 12-month total;
(3) the effluent is in conformance with the
				New Mexico water quality standards in
				20.6.2.3103
				NMAC or the total weight of each water contaminant, that is not in conformance
				with the New Mexico water quality standards in
				20.6.2.3103
				NMAC, that enters the subsurface from a surface impoundment shall not exceed
				200 pounds per acre per year, calculated as a monthly rolling 12-month
				total;
(4) the discharge plan shall
				include adequate provisions for sampling of effluent and adequate flow
				monitoring so that the amount being discharged onto or below the surface of the
				ground can be determined; and
(5)the discharge plan shall include a minimum
				annual reporting frequency of monitoring data to the
				division.
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 14 - GEOTHERMAL POWER › Part 1 - GENERAL PROVISIONS - DEFINITIONS › Section 19.14.1.1 - ISSUING AGENCY

Current through Register Vol. 35, No. 13, July 16, 2024
Energy and Minerals Department, Oil Conservation Division,
				  P.O. Box 2088, Santa Fe, New Mexico.
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 14 - GEOTHERMAL POWER › Part 1 - GENERAL PROVISIONS - DEFINITIONS › Section 19.14.1.6 - OBJECTIVE

Current through Register Vol. 35, No. 13, July 16, 2024
A. The following
				geothermal rules and regulations are of statewide application and have been
				adopted by the oil conservation division of the New Mexico energy and minerals
				department to conserve the natural geothermal resources of the state of New
				Mexico, to prevent waste, and to protect the correlative rights of all owners
				of geothermal resources. Special rules, regulations, and order may be adopted
				from time to time when required for a particular geothermal resources area, and
				shall prevail over the geothermal rules and regulations if in conflict
				therewith. However, when these geothermal rules and regulations do not conflict
				with special rules hereafter adopted, these geothermal rules and regulations
				will apply.
B. The Division may
				grant exceptions to these rules and regulations after notice and hearing, when
				the granting of such exceptions will not result in waste but will protect
				correlative rights or prevent waste.
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 14 - GEOTHERMAL POWER › Part 1 - GENERAL PROVISIONS - DEFINITIONS › Section 19.14.1.8 - ENFORCEMENT OF LAWS, RULES, AND REGULATIONS DEALING WITH CONSERVATION OF GEOTHERMAL RESOURCES

Current through Register Vol. 35, No. 13, July 16, 2024
The division, its agents, representatives, and employees are
				  charged with the duty and obligation of enforcing all statutes, rules and
				  regulations of the state of New Mexico relating to the conservation of
				  geothermal resources. However, it shall be the responsibility of all geothermal
				  resource owners or operators to obtain information pertaining to the regulation
				  of geothermal resources before operations have begun. Minor deviations from the
				  requirements of these rules as to field practices may be permitted by the
				  division or its duly authorized representatives where such can be safely done
				  without waste and burdensome delay or expense to the operator
				  avoided.