Part 2. GROUND AND SURFACE WATER PROTECTION, version 6 (§ 20.6.2.1 to 20.6.2.5364 - 20.6.2.5399)

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 b…

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 …

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 pers…

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 …

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, includi…

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…

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 Subsecti…

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 wat…

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 requirement…

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.)

A. The area of review is the area surrounding a Class I non-hazardous waste injection well or Class III well or the area within and surrounding a well field that is to be examined to identify possible fluid conduits, including the location of all known wells and fractures which m…

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 …

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 injec…

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 dis…

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 inje…

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-ha…

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 discharg…

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 gr…

A. This section sets forth the information to be considered by the secretary in authorizing construction and use of a Class I well or Class III well or well field. Certain maps, cross-sections, tabulations of all wells within the area of review, and other data may be included in …

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 20.6.2.5…

As used in 20.6.2.5300 through 20.6.2.5399 NMAC: A. "cone of influence" means that area around the well within which increased injection zone pressures caused by injection into the hazardous waste injection well would be sufficient to drive fluids into groundwater of the state of…

For the purposes of Class I hazardous waste wells, this section shall apply to the exclusion of 20.6.2.3114 NMAC. A. Filing Fee. Every facility submitting a discharge permit application for approval of a Class I hazardous waste injection well shall pay a fling fee of $100 to the …

An existing Class I non-hazardous waste injection well may be converted to a Class I hazardous waste injection well provided the well meets the modeling, design, compatibility, and other requirements set forth in 20.6.2.5300 through 20.6.2.5399 NMAC and the permittee receives a C…

A. Applicability. The regulations in this section apply to all generators of hazardous waste, and to the owners or operators of all hazardous waste management facilities, using any class of well to inject hazardous wastes accompanied by a manifest. (See also Subparagraph (b) of P…

Except as otherwise provided, the regulations of the United States environmental protection agency set forth in 40 CFR Part 144, Subpart F are hereby incorporated by reference.

Except as otherwise provided, the following modifications, exceptions, and omissions are made to the incorporated federal regulations. A. The following term defined in 40 CFR Section 144.61 has the meaning set forth herein, in lieu of the meaning set forth in 40 CFR Section 144.6…

The following conditions apply to all Class I hazardous permits. All conditions applicable to all permits shall be incorporated into the permits either expressly or by reference. If incorporated by reference, a specific citation to these regulations must be given in the permit. A…

A. In addition to conditions required in 20.6.2.5341 NMAC, the director shall establish conditions, as required on a case-by-case basis under Subsection H of 20.6.2.3109 NMAC, Subsection A of 20.6.2.5343 NMAC, and 20.6.2.5344 NMAC. Permits for owners or operators of hazardous was…

A. General. The permit may, when appropriate, specify a schedule of compliance leading to compliance with this part. (1) Time for compliance. Any schedules of compliance shall require compliance as soon as possible, and in no case later than three years after the effective date o…

All permits shall specify: A. requirements concerning the proper use, maintenance, and installation, when appropriate, of monitoring equipment or methods (including biological monitoring methods when appropriate); B. required monitoring including type, intervals, and frequency su…

20.6.2.5351 through 20.6.2.5363 NMAC establish criteria and standards for underground injection control programs to regulate Class I hazardous waste injection wells. Unless otherwise noted, these sections supplement the requirements of 20.6.2.5000 through 20.6.2.5299 NMAC and app…

A. All Class I hazardous waste injection wells shall be sited such that they inject into a formation that is beneath the lowermost formation containing within one quarter mile of the well bore groundwater of the state of New Mexico. B. The siting of Class I hazardous waste inject…

For the purposes of Class I hazardous waste wells, this section shall apply to the exclusion of 20.6.2.5202 NMAC. The area of review for Class I hazardous waste injection wells shall be a two-mile radius around the well bore. The director may specify a larger area of review based…

For the purposes of Class I hazardous waste wells, this section shall apply to the exclusion of 20.6.2.5203 NMAC. A. The owner or operator of a Class I hazardous waste well shall as part of the permit application submit a plan to the director outlining the protocol used to: (1) i…

A. General. All existing and new Class I hazardous waste injection wells shall be constructed and completed to: (1) prevent the movement of fluids into or between groundwater of the state of New Mexico or into any unauthorized zones; (2) permit the use of appropriate testing devi…

A. During the drilling and construction of a new Class I hazardous waste injection well, appropriate logs and tests shall be run to determine or verify the depth, thickness, porosity, permeability, and rock type of, and the salinity of any entrained fluids in, all relevant geolog…

A. Except during stimulation, the owner or operator shall assure that injection pressure at the wellhead does not exceed a maximum which shall be calculated so as to assure that the pressure in the injection zone during injection does not initiate new fractures or propagate exist…

Testing and monitoring requirements shall at a minimum include. A. Monitoring of the injected wastes. (1) The owner or operator shall develop and follow an approved written waste analysis plan that describes the procedures to be carried out to obtain a detailed chemical and physi…

Reporting requirements shall, at a minimum, include: A. quarterly reports to the director containing: (1) the maximum injection pressure; (2) a description of any event that exceeds operating parameters for annulus pressure or injection pressure as specified in the permit; (3) a …

This section sets forth the information which must be evaluated by the director in authorizing Class I hazardous waste injection wells. For a new Class I hazardous waste injection well, the owner or operator shall submit all the information listed below as part of the permit appl…

A. Closure plan. The owner or operator of a Class I hazardous waste injection well shall prepare, maintain, and comply with a plan for closure of the well that meets the requirements of Subsection D of this section and is acceptable to the director. The obligation to implement th…

A. The owner or operator of a Class I hazardous waste well shall prepare, maintain, and comply with a plan for post-closure care that meets the requirements of Subsection B of this section and is acceptable to the director. The obligation to implement the post-closure plan surviv…

The owner or operator shall demonstrate and maintain financial responsibility for post-closure by using a trust fund, surety bond, letter of credit, financial test, insurance or corporate guarantee that meets the specifications for the mechanisms and instruments revised as approp…

The objective of this Part is to implement the Water Quality Act, NMSA 1978, Sections 74-6-1 et seq.

The following terms, as used in this part shall have the following meanings; terms defined in the Water Quality Act, but not defined in this part, will have the meaning given in the act. A. Definitions that begin with the letter "A." (1) "abandoned well" means a well whose use ha…