New Mexico Administrative Code

If applicable abatement standards are modified after the division approves the abatement measures, the abatement standards that are in effect at the time that the division approved the abatement measures shall be the abatement standards for the duration of the abatement action, u…

A. Unless otherwise provided by 19.15.30 NMAC responsible persons who are abating, or who are required to abate, water pollution in excess of the standards and requirements set forth in 19.15.30.9 NMAC shall do so pursuant to an abatement plan the director approves. When the dire…

A. Except as provided in Subsection B of 19.15.30.12 NMAC, 19.15.30.11 NMAC and 19.15.30.13 NMAC do not apply to a person who is abating water pollution: (1) from an underground storage tank, under the authority of the New Mexico environmental improvement board's underground stor…

A. Except as provided for in 19.15.30.12 NMAC a responsible person shall, within 60 days of receipt of the director's written notice that the division requires an abatement plan, submit an abatement plan proposal to the director for approval. The responsible person may submit sta…

A. A responsible person shall allow the director's authorized representative upon presentation of proper credentials and with reasonable prior notice to: (1) enter the facility at reasonable times; (2) inspect and copy records an abatement plan requires; (3) inspect treatment wor…

A. Prior to public notice, the applicant shall give written notice, as approved by the division, of stage 1 and stage 2 abatement plans to the following persons: (1) surface owners of record within one mile of the perimeter of the geographic area where the standards and requireme…

A. The director shall, within 60 days after receiving an administratively complete stage 1 abatement plan, a site investigation report, a technical infeasibility demonstration or an abatement completion report approve the document, or notify the responsible person of the document…

A responsible person who receives the division's approval for stage 1 or stage 2 of an abatement plan shall conduct investigation, abatement, monitoring and reporting activities in compliance with 19.15.30 NMAC and according to the terms and schedules contained in the approved ab…

A. The division may modify an approved abatement plan at the responsible person's written request in accordance with 19.15.30 NMAC with the director's written approval. B. If data the responsible person submitted pursuant to monitoring requirements specified in the approved abate…

A. The division shall consider abatement complete when the responsible person meets the standards and requirements set forth in 19.15.30.9 NMAC. At that time, the responsible person shall submit an abatement completion report, documenting compliance with the standards and require…

19.15.30 NMAC applies to persons engaged in oil and gas development and production within New Mexico.

In the event of a technical dispute regarding the requirements of 19.15.29 NMAC, 19.15.30.9 NMAC, 19.15.30.12 NMAC, 19.15.30.13 NMAC, 19.15.30.18 NMAC or 19.15.30.19 NMAC, including notices of deficiency, the responsible person may notify the director by certified mail that a dis…

A. If the director (1) determines that an abatement plan is required pursuant to 19.15.29.11 NMAC; (2) approves or provides notice of deficiency of a proposed abatement plan, technical infeasibility demonstration or abatement completion report; or (3) modifies or terminates an ap…

19.15.30 NMAC is adopted pursuant to the Oil and Gas Act, NMSA 1978, Sections 70-2-6, 70-2-11 and 70-2-12 .

Permanent.

December 1, 2008, unless a later date is cited at the end of a section.

To abate pollution of subsurface water so that ground water of the state that has a background concentration of 10,000 mg/l or less TDS is either remediated or protected for use as domestic, industrial and agricultural water supply, and to remediate or protect those segments of s…

[RESERVED] [See 19.15.2.7 NMAC for definitions.]

A. If the background concentration of a water contaminant exceeds the standard or requirement of Subsections A, B or C of 19.15.30.9 NMAC, the responsible person shall abate the pollution to the background concentration. B. The standards and requirements set forth in of Subsectio…

A. The responsible person shall abate the vadose zone so that water contaminants in the vadose zone will not with reasonable probability contaminate ground water or surface water, in excess of the standards in Subsections B and C of 19.15.30.9 NMAC, through leaching, percolation …

Energy, Minerals and Natural Resources Department, Oil Conservation Commission.

A. All recycling containments shall be registered on form C-147. All operators or owners shall be named in the form C-147. The C-147 form shall require documentation that the containment will meet the requirements of 19.15.34.11 through 19.15.34.15 NMAC. At the time the C-147 is …

A. An operator shall not locate a recycling containment: (1) where ground water is less than 50 feet below the bottom of the containment; (2) within 300 feet of a continuously flowing watercourse, or 200 feet of any other significant watercourse or lakebed, sinkhole or playa lake…

A. An operator shall design and construct a recycling containment in accordance with the following specifications. (1) The operator shall design and construct a recycling containment to ensure the confinement of produced water, to prevent releases and to prevent overtopping due t…

A. The operator shall inspect the recycling containment and associated leak detection systems weekly while it contains fluids. The operator shall maintain a current log of such inspections and make the log available for review by the division upon request. B. The operator shall m…

A. Once the operator has ceased operations, the operator shall remove all fluids within 60 days and close the containment within six months from the date the operator ceases operations from the containment for use. The division district office may grant an extension for the remov…

A. Financial assurance. (1) Containment operators without existing financial assurance pursuant to 19.15.8 NMAC shall furnish financial assurance acceptable to the division in the amount of the recycling containment's estimated closure cost or $25,000, whichever is greater. (2) C…

A. An operator may file a written request for a variance from any requirement of these rules with the division district office. The request for variance shall include: (1) a detailed statement explaining the need for a variance; and (2) a detailed written demonstration that the v…

A. A person shall not transport produced water, drilling fluids or liquid oil field waste, including drilling fluids and residual liquids in liquid oil field equipment, except for small samples removed for analysis, by motor vehicle from a lease, central tank battery of other fac…

The division may deny approval of a form C-133 if: A. the applicant is a corporation or limited liability company, and is not registered with the secretary of state to do business in New Mexico; B. the applicant is a limited partnership, and is not registered with the New Mexico …

A transporter's vehicular movement or disposition of produced water, drilling fluids or liquid oil field waste in a manner contrary to division rules is ground for denial of approval of form C-133 in addition to those specified in Subsection D of 19.15.34.18 NMAC. It is also caus…

19.15.34 NMAC applies to the transportation, disposal, recycling, re-use or the direct surface or subsurface disposition of produced water in connection with the development or production of oil or gas or both. 19.15.34 NMAC also applies to the transportation of drilling fluids a…

Except as authorized by 19.15.17 NMAC, 19.15.26.8 NMAC, 19.15.30 NMAC, 19.15.34 NMAC or 19.15.36 NMAC, persons, including transporters, shall not dispose of produced water or other oil field waste: A. on or below the surface of the ground, in a pit or in a pond, lake, depression …

A. The operator of a recycling facility or recycling containment shall comply with all the requirements of 19.15.34 NMAC. B. If the division determines that the registration of a recycling facility or recycling containment or that operations at a recycling facility or recycling c…

19.15.34 NMAC is adopted pursuant to the Oil and Gas Act, Paragraph (15) of Subsection B of Section 70-2-12 NMSA 1978, which authorizes the division to regulate the disposition, handling, transport, storage, recycling, treatment and disposal of produced water during, or for re-us…

Permanent.

March 31, 2015, unless a later date is cited at the end of a section.

To encourage the recycling or re-use of produced water in a manner that protects public health, the environment and fresh water resources and establish procedures by which persons may transport, recycle, reuse and dispose produced water, drilling fluids and other liquid oil field…

These definitions apply to 19.15.34.2 NMAC through 19.15.34.21 NMAC. See 19.15.2.7 NMAC for additional definitions. A. "Recycling facility" is a stationary or portable facility used exclusively for the treatment, re-use or recycling of produced water. A recycling facility does no…

A. Recycling or re-use of produced water. (1) No permit or registration is required from the division for the re-use of produced water for drilling, completion, production, pressure maintenance, secondary recovery or enhanced recovery of oil or natural gas or plugging of wells pu…

A. Except where recycling facilities are part of a permitted operation for the drilling, completing, producing or plugging of oil and gas wells, all recycling facilities shall be permitted or registered with the division district office. Division form C-147 shall be used for regi…

Energy, Minerals and Natural Resources Department, Oil Conservation Division.

A. The division shall consider a proposal from an operator for leaving flowlines and pipelines (hereinafter "pipeline") that contain regulated NORM in the ground provided the operator performs the abandonment procedures in a manner to protect the environment, public health and fr…

A. The division shall consider proposals for the disposal of regulated NORM in commercial or centralized surface waste management facilities, provided the applicant performs the disposal in a manner that protects the environment, public health and fresh waters. Division approval …

A. The division shall consider proposals from an operator for downhole disposal of regulated NORM in wells that are to be plugged and abandoned, provided the operator performs the plugging and abandonment procedures in a manner that protects the environment, public health and fre…

A. The division shall consider an operator's proposal for injecting regulated NORM into injection wells provided the operator will perform the injection in a manner that protects the environment, public health and fresh waters and complies with division rules pertaining to inject…

A. The director may require additional notice for an application under 19.15.35.9 NMAC to 19.15.35.13 NMAC. B. A notified party seeking to comment or request a public hearing on an application shall file comments or a written hearing request with the division within 20 days after…