New Mexico Administrative Code

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…

If any Section, Subsection, individual standard or application of these standards or regulations is held invalid, the remainder shall not be affected.

Documents referenced in the Part may be viewed at the New Mexico Environment Department, Ground Water Quality Bureau, Harold Runnels Building, 1190 St. Francis Drive, Santa Fe, New Mexico 87503.

New Mexico Environment Department.

A. Activities performed pursuant to the Act shall be designed to collect, develop, and evaluate sufficient information to support proposed conclusions regarding: (1) the source, nature and extent, migration pathways, and environmental fate and transport of contaminants in all env…

This Part provides for the expeditious, voluntary cleanup of contaminated properties in New Mexico in a manner that is protective of human health and the environment, and the promotion of their redevelopment and productive use.

A. Eligibility: (1) To be eligible for a voluntary remediation agreement an applicant must: (a) own the site; (b) operate a facility located on the site; (c) be a prospective owner of the site; or (d) be a prospective operator of a facility at the site. (2) Multiple applicants ma…

These regulations are promulgated pursuant to the provisions of the Voluntary Remediation Act, NMSA 1978, Sections 74-4G-1 et seq.

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 …

Permanent.

A. Applicability: Unless the participant demonstrates that further investigation and/or cleanup are not required in order to comply with the performance standard described in Subpart I, Section 110 of this Part [20.6.3.10 NMAC], after a voluntary remediation agreement becomes eff…

These regulations are effective as of July 15, 1999 unless a later date is cited at the end of a Section or Paragraph.

A. Applicability: (1) If the participant files with the department a signed Affidavit of Completion of Voluntary Remediation, and the secretary determines that a participant has successfully complied with the voluntary remediation agreement and the site conditions meet the applic…

The objective of Part 3 of Chapter 6 is: A. to implement the Voluntary Remediation Act, NMSA 1978, Sections 74-4G-1 et seq.; B. to provide incentives for the voluntary assessment and remediation of contaminated property, with state oversight; and C. to remove future liability of …

A. Applicability: After the secretary issues a certificate of completion or a conditional certificate of completion for a site, the secretary shall provide a covenant not to sue to a purchaser or prospective purchaser of the site that did not contribute to the site contamination,…

The words and phrases used in this Part have the same meaning as in The Voluntary Remediation Act, NMSA 1978, Sections 74-4G-1 et seq. As used in this Part: A. "Act" means the Voluntary Remediation Act, NMSA 1978, Sections 74-4G-1 et seq. B. "background" means, for purposes of th…

The Secretary may rescind a certificate of completion, conditional certificate of completion, or a covenant not to sue if the Department determines that: A. based on reasonable evidence, contamination addressed in the agreement still poses, following remediation, an unreasonable …

Compliance with this Part does not relieve a person from the obligation to comply with other applicable federal, state and local law.

Voluntary remediation activities may include, but are not limited to: A. research to establish the history of ownership, release(s), contaminant use, storage, and management, and environmental permits and compliance; B. research and subsurface investigations, including intrusive …

Water Quality Control commission.

A. Section 303(c)(1) of the federal Clean Water Act requires that the state hold public hearings at least once every three years for the purpose of reviewing water quality standards and proposing, as appropriate, necessary revisions to water quality standards. B. In accordance wi…

The main stem of the Rio Grande from the international boundary with Mexico upstream to one mile downstream of Percha dam. A. Designated uses: irrigation, marginal warmwater aquatic life, livestock watering, wildlife habitat and primary contact. B. Criteria: (1) The use-specific …

The main stem of the Rio Grande from one mile downstream of Percha dam upstream to Caballo dam. A. Designated uses: irrigation, livestock watering, wildlife habitat, primary contact and warmwater aquatic life. B. Criteria: the use-specific numeric criteria set forth in 20.6.4.900…

Perennial reaches of tributaries to the Rio Grande in Sierra and Socorro counties not specifically identified under other sections of 20.6.4 NMAC, excluding waters on tribal lands. A. Designated uses: irrigation, livestock watering, wildlife habitat, marginal coldwater aquatic li…

Caballo and Elephant Butte reservoir. A. Designated Uses: irrigation storage, livestock watering, wildlife habitat, primary contact and warmwater aquatic life. B. Criteria: the use-specific numeric criteria set forth in 20.6.4.900 NMAC are applicable to the designated uses, excep…

The main stem of the Rio Grande from the headwaters of Elephant Butte reservoir upstream to Alameda bridge (Corrales bridge), excluding waters on Isleta pueblo. A. Designated Uses: irrigation, marginal warmwater aquatic life, livestock watering, public water supply, wildlife habi…

The main stem of the Rio Grande from Alameda bridge (Corrales bridge) upstream to the Angostura diversion works, excluding waters on Santa Ana pueblo, and intermittent water in the Jemez river below the Jemez pueblo boundary, excluding waters on Santa Ana and Zia pueblos, that en…

The Jemez river from the Jemez pueblo boundary upstream to Soda dam near the town of Jemez Springs and perennial reaches of Vallecito creek. A. Designated Uses: coldwater aquatic life, primary contact, irrigation, livestock watering and wildlife habitat; and public water supply o…

Perennial reaches of the Jemez river upstream of Soda dam near the town of Jemez Springs and perennial reaches of tributaries to the Jemez river except those not specifically identified under other sections of 20.6.4 NMAC, and perennial reaches of the Guadalupe river and perennia…

Perennial reaches of Bluewater creek excluding Bluewater lake and waters on tribal lands, Rio Moquino upstream of Laguna pueblo, Seboyeta creek, Rio Paguate upstream of Laguna pueblo, the Rio Puerco upstream of the northern boundary of Cuba, and all other perennial reaches of tri…

A. [RESERVED] B. Critical low flow: The critical low flow of a stream at a particular site shall be used in developing point source discharge permit requirements to meet numeric criteria set in 20.6.4.97 through 20.6.4.900 NMAC and Subsection F of 20.6.4.13 NMAC. (1) For human he…

The main stem of the Rio Grande from Angostura diversion works upstream to Cochiti dam, excluding the reaches on San Felipe, Kewa and Cochiti pueblos. A. Designated uses: irrigation, livestock watering, wildlife habitat, primary contact, coldwater aquatic life and warmwater aquat…

Perennial reaches of Las Huertas creek from the San Felipe pueblo boundary to the headwaters. A. Designated Uses: high quality coldwater aquatic life, irrigation, livestock watering, wildlife habitat and primary contact. B. Criteria: the use-specific numeric criteria set forth in…

The main stem of the Rio Grande from the headwaters of Caballo reservoir upstream to Elephant Butte dam, perennial reaches of Palomas creek, perennial reaches of Rio Salado, perennial reaches of Percha creek, perennial reaches of Alamosa creek, Las Animas creek, and perennial rea…

The Santa Fe river and perennial reaches of its tributaries from the Cochiti pueblo boundary upstream to the outfall of the Santa Fe wastewater treatment facility. A. Designated uses: irrigation, livestock watering, wildlife habitat, primary contact and coolwater aquatic life. B.…

The main stem of the Rio Grande from the Cochiti pueblo boundary upstream to Rio Pueblo de Taos excluding waters on San Ildefonso, Santa Clara and Ohkay Owingeh pueblos, Embudo creek from its mouth on the Rio Grande upstream to the Picuris Pueblo boundary, the Santa Cruz river fr…

The perennial reaches of Rio Vallecitos, perennial reaches of tributaries to Rio Vallecitos except Hopewell lake, and perennial reaches of Rio del Oso and perennial reaches of El Rito creek above the town of El Rito. A. Designated uses: domestic water supply, irrigation, high qua…

The Rio Chama from its mouth on the Rio Grande upstream to Abiquiu reservoir, perennial reaches of the Rio Tusas, perennial reaches of the Rio Ojo Caliente, perennial reaches of Abiquiu creek and perennial reaches of El Rito creek downstream of the town of El Rito. A. Designated …

Abiquiu reservoir. A. Designated Uses: irrigation storage, livestock watering, wildlife habitat, primary contact, coldwater aquatic life and warmwater aquatic life. B. Criteria: the use-specific numeric criteria set forth in 20.6.4.900 NMAC are applicable to the designated uses, …

The Rio Chama from the headwaters of Abiquiu reservoir upstream to El Vado reservoir and perennial reaches of the Rio Gallina and Rio Puerco de Chama north of state highway 96. Some Rio Chama waters in this segment are under the joint jurisdiction of the state and the Jicarilla A…

All perennial reaches of tributaries to the Rio Chama above Abiquiu dam, except Canjilon lakes a, c, e and f and the Rio Gallina and Rio Puerco de Chama north of state highway 96 and excluding waters on Jicarilla Apache reservation, and the main stem of the Rio Chama from the hea…

The following provisions apply to determining compliance for enforcement purposes; they do not apply for purposes of determining attainment of uses. The department has developed assessment protocols for the purpose of determining attainment of uses that are available for review f…

El Vado and Heron reservoirs. A. Designated Uses: irrigation storage, livestock watering, wildlife habitat, public water supply, primary contact and coldwater aquatic life. B. Criteria: the use-specific numeric criteria set forth in 20.6.4.900 NMAC are applicable to the designate…

Perennial tributaries to the Rio Grande in Bandelier national monument and their headwaters in Sandoval county and all perennial reaches of tributaries to the Rio Grande in Santa Fe county unless included in other segments and excluding waters on tribal lands. A. Designated uses:…