N.M. Admin. Code § 20.5.120.2000

Current through Register Vol. 35, No. 21, November 5, 2024

Section 20.5.120.2000 - GENERAL

A. Owners and operators of hazardous substance UST systems shall take corrective action to address all releases, including such action as collection and analysis of relevant site-specific data, soil remediation, groundwater and surface water remediation and any other appropriate actions pursuant to this part, in a manner protective of public health, safety and welfare and the environment.

B. Upon confirmation of a release pursuant to 20.5.118.1802 NMAC or identification and reporting of a release in any other manner, owners and operators of hazardous substance UST systems shall comply with the requirements of this part if the release:

(1) is of unknown volume or is greater in volume than the reportable quantity under 40 C.F.R. Part 302 ; or

(2) is of any size and the owner or operator is directed by the department to comply with this part.

C. Owners and operators shall maintain and provide to the department all reports required in 20.5.120.2029 and 20.5.120.2030 NMAC.

D. Owners and operators shall mail or deliver and provide paper and electronic copies of all written notices and reports required under this part to be submitted to the department to the owner or operator's assigned project manager from the petroleum storage tank bureau, New Mexico environment department.

E. Owners and operators shall comply with any site-specific timeline or deadline that is approved in writing by the department at the time of workplan approval. If no applicable site-specific timeline has been approved, the following timeline shall apply to all corrective action requirements under this part. The time deadlines set forth in this part are computed from the date of reporting of a release or of reporting of the confirmation of a suspected release pursuant to 20.5.118.1800 NMAC unless another event is specified in these rules.

Default Corrective Action Timeline

Deadline, in days from report:	Action or deliverable due date, as defined above:
0	report discovery or confirmation of a release
3	72-hour report
14	14-day report
60	submit NAPL assessment
60	initiate interim removal of contaminated soil
60	preliminary investigation report
120	secondary investigation report
When monitored natural attenuation is used:
510	monitored natural attenuation (MNA) plan
570	implementation of MNA
935	first annual MNA monitoring report
935	annual evaluation of MNA report
When other remediation is used:
510	conceptual remediation plan
540	final remediation plan
600	implementation of remediation
690	first quarterly monitoring report
965	annual evaluation of remediation system report

F. All owners and operators are responsible for compliance with all provisions of this part. An owner or operator may designate a representative to facilitate compliance with this part. The designation of such a representative shall not affect the department's right to seek compliance at any time from the owner or the operator or both. The designation of a representative is intended to facilitate compliance with this part and shall not relieve the owner and operator of their legal liabilities or responsibilities under this part.

G. Except for 20.5.120.2001, 20.5.120.2002 and 20.5.120.2003 NMAC, owners and operators shall submit to the department written workplans for all corrective action under this part. Owners and operators may submit workplans in stages to reflect the sequence or types of corrective action described in 20.5.120 NMAC at the site, but the owners and operators shall submit all workplans to and obtain approval by the department in writing for technical adequacy before the corrective action is commenced.

H. Unless otherwise approved, a qualified firm as specified in 20.5.122 NMAC shall perform all corrective action and, when required by the rules in Title 20, Chapter 5 NMAC, a professional engineer as defined in 20.5.101.7 NMAC.

(1) All contractors and their subcontractors shall have appropriate licenses and certifications and be in compliance with applicable local, state and federal laws and regulations, including but not limited to the rules in Title 16, Chapter 39 NMAC governing engineers, 14.6.3 NMAC governing contractors and, 29 CFR part 1910 governing worker health and safety.

(2) Owners and operators shall identify all prime contractors and all subcontractors in all workplans submitted to the department.

I. Where site conditions are amenable, owners and operators may use accelerated site characterization techniques if pre-approved by the department.

J. All monitoring wells shall be permitted in conformance with all applicable federal, state and local laws, regulations and ordinances in effect at the time of installation.

K. Owners and operators shall clearly mark and secure monitoring wells and major remediation equipment to prevent unauthorized access, tampering. Owners and operators shall close or abandon all wells in accordance with the requirements of applicable federal, state and local laws and regulations in effect at the time the workplan was approved.

L. If a release constitutes a hazardous substance incident under the provisions of the Hazardous Waste Act relating to hazardous substance incidents, those provisions may apply in addition to this part.

M. The department shall notify owners and operators taking corrective action and contractors of state-lead sites in writing when it has determined that a deliverable completed under an approved workplan is satisfactory. The written notice shall also inform the owner, operator or contractor that any application for payment from the fund of costs associated with the approved deliverable must be received by the department within 90 days of the date the owner, operator or contractor received written notice of approval and that the department shall not grant extensions of the deadline except for good cause as shown pursuant to 20.5.123.2318 NMAC.

[The address of the department's Petroleum Storage Tank Bureau, Remedial Action Program, is: 2905 Rodeo Park Drive East, Building 1, Santa Fe, New Mexico 87505.]

N.M. Admin. Code § 20.5.120.2000

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