N.M. Admin. Code § 20.6.2.5343

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

Section 20.6.2.5343 - SCHEDULE OF COMPLIANCE

A.General. The permit may, when appropriate, specify a schedule of compliance leading to compliance with this part.

(1)Time for compliance. Any schedules of compliance shall require compliance as soon as possible, and in no case later than three years after the effective date of the permit.

(2)Interim dates. Except as provided in Subparagraph (b) of Paragraph (1) of Subsection B of this section, if a permit establishes a schedule of compliance which exceeds one year from the date of permit issuance, the schedule shall set forth interim requirements and the dates for their achievement.

(a) The time between interim dates shall not exceed one year.

(b) If the time necessary for completion of any interim requirement is more than one year and is not readily divisible into stages for completion, the permit shall specify interim dates for the submission of reports of progress toward completion of the interim requirements and indicate a projected completion date.

(3)Reporting. The permit shall be written to require that if Paragraph (1) of Subsection A of this section is applicable, progress reports be submitted no later than 30 days following each interim date and the final date of compliance.

B.Alternative schedules of compliance. A permit applicant or permittee may cease conducting regulated activities (by plugging and abandonment) rather than continue to operate and meet permit requirements as follows.

(1) If the permittee decides to cease conducting regulated activities at a given time within the term of a permit which has already been issued:

(a) the permit may be modified to contain a new or additional schedule leading to timely cessation of activities; or

(b) the permittee shall cease conducting permitted activities before noncompliance with any interim or final compliance schedule requirement already specified in the permit.

(2) If the decision to cease conducting regulated activities is made before issuance of a permit whose term will include the termination date, the permit shall contain a schedule leading to termination which will ensure timely compliance with applicable requirements.

(3) If the permittee is undecided whether to cease conducting regulated activities, the director may issue or modify a permit to contain two schedules as follows:

(a) both schedules shall contain an identical interim deadline requiring a final decision on whether to cease conducting regulated activities no later than a date which ensures sufficient time to comply with applicable requirements in a timely manner if the decision is to continue conducting regulated activities;

(b) one schedule shall lead to timely compliance with applicable requirements;

(c) the second schedule shall lead to cessation of regulated activities by a date which will ensure timely compliance with applicable requirements;

(d) each permit containing two schedules shall include a requirement that after the permittee has made a final decision under Subparagraph (a) of Paragraph (3) of Subsection B of this section it shall follow the schedule leading to compliance if the decision is to continue conducting regulated activities, and follow the schedule leading to termination if the decision is to cease conducting regulated activities.

(4) The applicant's or permittee's decision to cease conducting regulated activities shall be evidenced by a firm public commitment satisfactory to the director, such as a resolution of the board of directors of a corporation.

N.M. Admin. Code § 20.6.2.5343

Adopted by New Mexico Register, Volume XXVI, Issue 15, August 14, 2015, eff. 8/31/2015