New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 6 - WATER QUALITY › Part 3 - VOLUNTARY REMEDIATION › Section 20.6.3.300 - VOLUNTARY REMEDIATION AGREEMENT

Current through Register Vol. 35, No. 13, July 16, 2024
A. Agreement Provisions:
(1) After the secretary determines that an
				applicant is eligible, the secretary may enter into a voluntary remediation
				agreement with the applicant. Such an agreement shall be made final after
				receipt and incorporation of public comments, as described in Section 304 of
				this Subpart [Subsection D of 20.6.3.300 NMAC].
(2) The voluntary remediation agreement shall
				be set forth on a standard form developed by the department, and shall include:
(a) A provision for the Department's
				oversight, including:
(i) access to the
				site;
(ii) on-site collection of
				samples and inspection and copying of site and facility records;
(iii) compensation for oversight costs in
				accordance with the fee structure specified in Section 310 of this Part
				[Subsection J of 20.6.3.300 NMAC];
(b) a reference to applicable statutes,
				regulations, standards, and guidance that must be complied with;
(c) a provision requiring the site to be
				remediated to applicable standards such that the performance standard described
				in Subpart I, Section 110 of this Part [20.6.3.10 NMAC] will be
				achieved;
(d) a preliminary work
				plan, describing the proposed voluntary remediation activities as they are
				currently envisioned as being submitted in a final voluntary remediation work
				plan, as described in Subpart IV of this Part [20.6.3.400 NMAC];
(e) identification of items to be submitted
				for department review and approval, including a work plan, quarterly status
				reports or status reports to be submitted at a different frequency, as
				determined by the department, and a final completion report that provides all
				information necessary to verify that all work contemplated by the voluntary
				remediation agreement has been completed, and that the applicable standards
				have been met;
(f) a provision
				requiring the applicant to obtain all applicable permits for the site and any
				required access agreements; and
(g)
				a schedule for completing significant proposed tasks, report submittals, and
				department review.
(3)
				The secretary shall not initiate an enforcement action, including an
				administrative or judicial action, against a participant for the contamination
				or release thereof, or for the activity that results in the contamination or
				release thereof, if the contamination is the subject of an agreement pursuant
				to these regulations. However, this Section shall not be a bar to any
				enforcement action if the agreement is not finalized, if the agreement is
				terminated or rescinded, or if the participant does not successfully initiate
				or implement the agreement within a reasonable time under the schedules set
				forth in the voluntary remediation agreement and approved work plans.
(4) The agreement shall become final and
				effective upon being signed by both the secretary and the applicant. The
				effective date of the agreement shall be the later date of signature by either
				the secretary or the applicant.