N.M. Admin. Code § 20.5.120.2009

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

Section 20.5.120.2009 - MINIMUM SITE ASSESSMENT, PRELIMINARY INVESTIGATION REPORT

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 forth in Subsection E of 20.5.120.2000 NMAC. The report shall include the information gathered under 20.5.120.2001, 20.5.120.2002, 20.5.120.2003 and 20.5.120.2007 NMAC and shall conform to the requirements of this section and 20.5.120.2008 NMAC.

B. Owners and operators shall attach a statement signed by an authorized representative of the qualified firm preparing the report for the owner or operator attesting to the veracity of the information submitted in the report and attached documents.

C. The minimum site assessment report shall at a minimum, include all pertinent data collected during the minimum site assessment investigation, interpretation of that data using cross sections, contoured maps that depict the magnitude and extent of all contaminated media, identification of any threatened receptors, recommendations for additional work and justification for the recommended work.

D. The department shall review the report and notify owners and operators of any inadequacies in the report within 30 days of receipt. Owners and operators shall, in accordance with a timeline approved by the department, correct the report and resubmit it to the department for review and written approval. If the revised report does not conform to the minimum site assessment, preliminary investigation requirements in this section and 20.5.120.2008 NMAC, the department shall reject the report and owners and operators shall be determined not to have conducted a minimum site assessment for the purposes of Subparagraph (c) of Paragraph (1) of Subsection B of Section 74-6B-8 NMSA 1978. The department's failure to review or to comment on this report shall not relieve owners and operators of their responsibilities under this part or otherwise under the law.

E. Owners and operators shall comply with the requirements of any local government which has designated a wellhead/source water protection area that includes the area of the release.

F. Owners and operators shall provide notice that includes the contaminants identified, as well as the horizontal and vertical extent of those contaminants, to all owners of property located within the extent of contamination.

N.M. Admin. Code § 20.5.120.2009

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