N.M. Admin. Code § 20.6.3.400

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

Section 20.6.3.400 - VOLUNTARY REMEDIATION WORK PLAN

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 effective, the participant shall submit to the department a proposed final voluntary remediation work plan for the site remediation.

B. Content: The final voluntary remediation work plan shall provide a detailed description of voluntary remediation activities to be undertaken to achieve the performance standard described in Subpart I, Section 110 of this part [20.6.3.10 NMAC]. At a minimum, the final voluntary remediation work plan shall include:

(1) a summary of site and contaminant use, storage, disposal, and release history, and the site investigation work performed to date;

(2) A detailed description, including plans and sketches, of any additional investigation to be conducted to determine the type, nature and extent of contaminants at the site, including but not limited to: location and type of sample, sample collection techniques, monitoring techniques, sample analytical methods, and quality assurance/quality control methods;

(3) contaminants and media (including but not limited to air, surface water, groundwater, soil, and facility structures) to be addressed by the remediation;

(4) a statement of work to accomplish remediation of the site, and the method to reach the performance standard described in Subpart I, Section 110 of this Part [20.6.3.10 NMAC];

(5) a monitoring plan to be implemented during the duration of remediation activities, if applicable;

(6) confirmatory sampling and analytical methods to verify that remediation of the site has met the performance standard described in Subpart I, Section 110 of this Part [20.6.3.10 NMAC];

(7) post completion monitoring and maintenance to ensure that the closure conditions, including any engineering controls or affirmation of future non-residential land use upon which the final remedy is dependent, are maintained after completion, if applicable;

(8) an implementation schedule for all identified investigation and remediation tasks;

(9) a site-specific health and safety plan that complies with all applicable standards and guidelines;

(10) a plan describing the proposed management of investigation and remediation derived wastes, if applicable;

(11) copies of, or a schedule for obtaining, all necessary and applicable permits and access agreements required to accomplish remediation of the site; and

(12) any other pertinent information requested by the department which is reasonably necessary to meet the requirements of these regulations.

C. Schedule: The participant shall submit to the department a proposed final voluntary remediation work plan according to the schedule in the voluntary remediation agreement, but in no event shall the participant submit the work plan, or, if the work plan is to be prepared in phases, the work plan for the first phase, later than sixty (60) calendar days following the effective date of the voluntary remediation agreement.

D. Work Plan Modification: Any approved voluntary remediation work plan may be modified at the request of the participant and/or the department, with both parties' approval. Following receipt of the modification request, the secretary shall determine whether or not the proposed modification is significant. If the secretary determines that the proposed modification is significant, the applicant shall make the proposed modification available for public inspection at a location in reasonable proximity to the site within ten (10) calendar days of the secretary's determination, and the applicant and department shall comply with Sections 302.A.2, 302.A.3, 302.A.4 [Subparagraphs (b), (c) and (d), Paragraph (1), Subsection (B) of 20.6.3.300 NMAC], 302.B., 302.C, 302.D. and 302.E. of this Part [Paragraphs (2), (3) (4) and (5), Subsection (B) of 20.6.3.300 NMAC] with respect to the proposed modification. If a public meeting is held on the proposed modification, Section 303 of this Part [Subsection (C) of 20.6.3.300 NMAC] shall apply to the meeting. If the secretary determines that the proposed modification is not significant, the applicant shall at its expense mail to all persons on the mailing list of interested persons maintained pursuant to Section 307 of this Part [Subsection (G) of 20.6.3.300 NMAC] notice of the proposed modification. The proposed modification will be made available by the department for public review and comment upon request. In all cases, the secretary shall consider public comments in determining whether to approve the proposed modification.

E. Review Process: Following submittal of a proposed final voluntary remediation work plan or work plan modification, the secretary shall review and approve, approve with conditions, or disapprove the work plan or work plan modification within forty-five (45) calendar days of receipt. If the secretary disapproves the work plan or work plan modification, the participant may be granted an opportunity to submit a revised version, as determined by the secretary.

N.M. Admin. Code § 20.6.3.400

7/15/99; 20.6.3.400 NMAC - Rn, 20 NMAC 6.3.IV 400 to 405, Recompiled 11/27/01