New Mexico Administrative Code

A. Except for the 72-hour vapor check, owners and operators shall notify the department at least four days prior to the collection of any samples which are required pursuant to this part and upon which laboratory analyses are to be performed to allow the department an opportunity…

A. Owners and operators shall assess the potential for remediation of non-aqueous phase liquid (NAPL) where there is a thickness of greater than one-eighth inch of NAPL in surface water, in any excavation pit, or in any well. Owners and operators shall submit the assessment to th…

A. Owners and operators shall remediate contaminated soil in accordance with 20.5.120.2018 and 20.5.120.2026 NMAC, unless approved by the department to remove and treat contaminated soil in accordance with this section. (1) The department may approve interim removal of contaminat…

A. A preliminary investigation is not required when owners and operators can demonstrate that the contamination has not reached groundwater and one of the following two conditions apply: (1) the release is remediated in accordance with this part within 72 hours of discovery or co…

Owners and operators shall conduct a preliminary investigation in accordance with this Subsection and under a timeline approved by the department or the timeline set forth in Subsection E of 20.5.120.2000 NMAC. The preliminary investigation shall determine the following, unless o…

A. Owners and operators shall submit paper and electronic copies of a written report of the preliminary investigation and other requirements of the minimum site assessment as defined in 20.5.101.7 NMAC in accordance with a timeline approved by the department or the timeline set f…

A. Owners and operators shall perform a secondary investigation in accordance with a timeline approved by the department or the timeline set forth in Subsection E of 20.5.120.2000 NMAC when the department makes at least one of the following determinations about the site: (1) the …

A. Owners and operators shall submit paper and electronic copies of a written report of the secondary investigation to the department in accordance with a timeline approved by the department or the timeline in Subsection E of 20.5.120.2000 NMAC. The report shall include all infor…

A. If approved by the department, owners and operators shall submit a plan for remediation by monitored natural attenuation to the department if any of the following conditions have been identified at the site: (1) concentrations of contaminants of concern exceed target concentra…

A. After the public comment period has ended, the department shall review the plan and shall approve the plan or notify the owner and operator in writing of the deficiencies of the plan. If the secretary determines that a decision on the monitored natural attenuation plan must be…

A. Owners and operators shall implement the monitored natural attenuation plan after department approval in accordance with a timeline approved by the department or the timeline set forth in Subsection E of 20.5.120.2000 NMAC. B. Owners and operators shall monitor the contaminati…

A. Owners and operators shall submit paper and electronic copies of written reports to the department on the progress of the monitored natural attenuation. Owners and operators shall submit the reports annually unless a different reporting period is approved by the department and…

A. Owners and operators shall evaluate the effectiveness of the monitored natural attenuation plan at the end of each year of monitoring and submit the evaluation to the department for review unless otherwise approved by the department. B. When the department determines that the …

A. Owners and operators may petition the department to approve a modification of the monitored natural attenuation plan for good cause. B. The department may approve a modification of the monitored natural attenuation plan only if such modification provides adequate protection of…

A. Natural attenuation shall be considered complete when all of the following criteria are met: (1) no layer of NAPL greater than one-eighth inch in thickness is present on the water table or in any of the wells; (2) all applicable standards for soil and in groundwater and surfac…

A. If approved by the department, owners and operators shall submit a conceptual remediation plan to the department if any of the following conditions have been identified at the site: (1) a thickness of greater than one-eighth inch of NAPL is present in the water, including in a…

A. Following department approval of the conceptual remediation plan, owners and operators shall develop a final remediation plan in accordance with this section and shall submit three copies of the final remediation plan to the department in accordance with a timeline approved by…

A. Within 30 days of receipt of the final remediation plan and after the public comment period has ended, the department shall review the plan and shall either approve the plan or notify the owner and operator in writing of the deficiencies of the plan. If the secretary determine…

A. Owners and operators shall implement the final remediation plan after department approval in accordance with a timeline approved by the department or the timeline set forth in Subsection E of 20.5.120.2000 NMAC. Owners and operators shall employ a professional engineer to ensu…

A. Owners and operators shall submit written reports to the department on the operation of the remediation system. Owners and operators shall submit the reports quarterly unless a different reporting period is approved by the department, shall document all work performed during t…

A. Owners and operators shall evaluate the effectiveness of the approach to remediation at the end of each year of operation and submit the evaluation to the department for review. B. When the department determines that the approach to remediation is not effectively remediating c…

A. Owners and operators may petition the department to approve a modification of the final remediation plan for good cause. B. The department may modify a final remediation plan only if it complies with applicable regulations, provides adequate protection of public health, safety…

A. The department shall consider remediation complete when all of the following criteria are met: (1) no layer of NAPL greater than one-eighth inch in thickness is present on the water table or in any of the wells; (2) all applicable standards for soil, groundwater and surface wa…

A. A no further action determination is a technical determination issued by the department that documents that the owner or operator of a site has met all applicable remediation standards and that no contaminant will present a significant risk of harm to public health, safety and…

A. For good cause shown, the department may extend the time for complying with any deadline set forth in this part. The request for an extension of time shall specify the reason for the request, the actions taken to comply with the deadline and the period of time for which the ex…

A. Owners and operators of a hazardous waste UST system where a release has occurred shall retain records documenting compliance with all applicable requirements of 20.5.120 NMAC. If the owner and operator are separate persons, only one person is required to maintain the records …

A. Owners and operators shall provide to the department all reports as required in 20.5.120 NMAC in accordance with the timeline or deadlines as set forth in Subsection E of 20.5.120.2000 NMAC. B. Owners and operators shall ensure all reports, plans and requests required in 20.5.…

This part is promulgated pursuant to the provisions of the Hazardous Waste Act, Sections 74-4-1 through 74-4-14 NMSA 1978; the Ground Water Protection Act, Sections 74-6B-1 through 74-6B-14 NMSA 1978; the Water Quality Act, Sections 74-6-1 through 74-6-17 NMSA 1978; and the gener…

Permanent.

July 24, 2018, unless a later date is indicated in the bracketed history note at the end of a section.

The purpose of this part is to provide for corrective action at sites contaminated by releases from hazardous substance UST systems and to protect the public health, safety and welfare and the environment of the state.

The definitions in 20.5.101 NMAC apply to this part.

New Mexico Environmental Improvement Board.

This part applies to owners and operators of storage tanks as provided in 20.5.101 NMAC and to the use of the corrective action fund. If the owner and the operator of a storage tank are separate persons, only one person is required to comply with the requirements of this part; ho…

The department shall make expenditures from the fund that are necessary to take emergency corrective action, to investigate releases and undertake other corrective action in accordance with the priorities established in this part, to make payments to or on behalf of owners and op…

Owners and operators shall take corrective action in accordance with 20.5.118 NMAC and 20.5.119 or 20.5.120 NMAC, and the department shall make payments to or on behalf of owners and operators in accordance with section 74-6B-13 NMSA 1978 and the provisions of 20.5.123 NMAC. The …

A. When the department determines that the owners and operators are unknown, unable or unwilling to take corrective action as described in 20.5.121.2101 NMAC, or when the department determines that a single entity is necessary to lead the corrective action, the department may des…

A. Upon a determination that a site be designated a state-lead site, the department shall send a notice to the owner and operator, if known, with the division director's signature notifying the owner and operator that the site is being designated a state-lead site and that the de…

A. The department shall assign a rank to all sites contaminated by releases from storage tanks using the leaking storage tank (LST) ranking system, as defined in 20.5.101.7 NMAC, and shall classify sites as being first, second or third priority sites. A site's priority shall be b…

A. If, after the department has determined that the owner or operator is in substantial compliance, the department determines that the fund budget or the fund balance is insufficient to cover the amount requested for payment, the department shall promptly notify the owner or oper…

A. The department shall establish a reserve of one-million dollars ($1,000,000) in the fund for the costs of taking emergency corrective action. The department may make expenditures from this reserve during the fiscal year and replenish the reserve at the beginning of the next fi…

This part is promulgated pursuant to the provisions of the Ground Water Protection Act, sections 74-6B-1 through 74-6B-14 NMSA 1978, and the general provisions of the Environmental Improvement Act, sections 74-1-1 through 74-1-16 NMSA 1978.

Permanent.

July 24, 2018, unless a later date is indicated in the bracketed history note at the end of a section.

The purposes of this part are (1) to establish priorities for the use of the corrective action fund at sites contaminated by releases of regulated substances from storage tanks and (2) to specify procedures for administering the fund in conjunction with the procedures set forth i…

The definitions in 20.5.101 NMAC and the Ground Water Protection Act apply to this part. In the case of conflict, the definitions in the Ground Water Protection Act shall apply to this part.

New Mexico Environmental Improvement Board.