N.M. Admin. Code § 20.5.110.1012

Current through Register Vol. 35, No. 23, December 10, 2024

Section 20.5.110.1012 - REQUIRED NOTIFICATION PRIOR TO REPLACEMENT, REPAIR AND MODIFICATION

To ensure that an inspector has an opportunity to be present during the steps in procedures which are important to the prevention of releases, owners, operators, and certified tank installers shall give the department notice of the dates on which critical junctures in the replacement, repair, and modification of the storage tank system are to take place. Notice need not be provided for normal maintenance. The inspector may require that critical junctures be performed from Monday through Friday during regular business hours.

A. For replacements, modifications (including internal lining or changes to cathodic protection systems), and repairs, the term "critical junctures" means:

(1) completion of pouring a concrete pad or footings;

(2) completion of the excavation of existing piping;

(3) actual performance of the repair, lining, or modification;

(4) any time during the project in which components of piping are connected;

(5) any time during the project in which a tank, its associated piping, spill prevention equipment, or secondary containment sumps are tested; and

(6) any time during the project when overfill prevention equipment is inspected to ensure it meets the requirements in 20.5.110.1005 NMAC.

B. Owners, operators and certified tank installers shall give at least 30 days written notice before the replacement, modification or repair of a storage tank system. Owners and operators shall also give at least 30 days written notice before the application of a secondary containment coating. It may not be feasible for owners, operators, and certified tank installers to provide advance notice of emergency repairs; however, owners, operators, and certified tank installers shall provide notice of emergency repairs as soon as possible after completing emergency repairs. At a minimum, the notice for replacements, modifications, and repairs shall contain the following information:

(1) date the form is completed;

(2) facility name, facility ID number, address (with county), and telephone number;

(3) owner name, owner ID number, address, and telephone number;

(4) contractor name, address, and telephone number;

(5) description of type of replacement, modification or repair to be performed (such as spill containment, overfill prevention, release detection, piping or other);

(6) expected date on which replacement, modification or repair will be performed;

(7) whether any part of the system is within 1,000 feet of a community water system or a potable drinking water well; and

(8) signature of owner, operator or an authorized representative.

C. In addition to the written notices described in this section, owners, operators and certified tank installers shall give oral notice at least 24 hours in advance of the commencement of the procedure. In the oral notice, owners, operators and certified tank installers shall describe any changes to the 30-day written notice required in Subsection B of this section, such as different equipment or installation methods.

D. If owners, operators and certified tank installers are separate persons, only one person is required to comply with the notice requirements of this section; however, all parties are liable in the event of noncompliance.

[The bureau provides an optional form that may be used for notification of replacement, repair and modification. The form is available on the petroleum storage tank bureau's pages on the department website or by contacting the Petroleum Storage Tank Bureau at 505-476-4397 or 2905 Rodeo Park Drive East, Santa Fe, NM 87505.]

N.M. Admin. Code § 20.5.110.1012

Adopted by New Mexico Register, Volume XXIX, Issue 14, July 24, 2018, eff. 7/24/2018