N.M. Admin. Code § 20.9.9.15

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

Section 20.9.9.15 - ASSESSMENT OF CORRECTIVE MEASURES

A. Upon finding that any constituent listed in 20.9.9.20 NMAC has exceeded its CAL, the owner or operator shall initiate an assessment of corrective measures. Such an assessment shall be submitted to the department within 180 days of the finding.

B. The owner or operator shall continue to monitor in accordance with the assessment monitoring program as specified in 20.9.9.13 NMAC.

C. The assessment shall include a demonstration of:

(1) the extent and nature of contamination;

(2) the practical capabilities of remedial technologies in achieving compliance with ground water protection standards and other objectives of the remedy;

(3) the availability of treatment or disposal capacity for wastes managed during implementation of the remedy;

(4) the desirability of utilizing technologies that are not currently available, but which may offer significant advantages over available technologies in terms of effectiveness, reliability, safety, or ability to achieve remedial objectives;

(5) the potential risks to public health, welfare and the environment from exposure to contamination prior to completion of the remedy;

(6) the resource value of the aquifer including:

(a) current and future uses;

(b) proximity and withdrawal rate of users;

(c) ground water quantity and quality;

(d) the potential damage to wildlife, crops, vegetation, and physical structures caused by exposure to waste constituents;

(e) the hydrogeologic characteristic of the facility and surrounding land;

(f) ground water removal and treatment costs; and

(g) the cost and availability of alternative water supplies;

(7) the practicable capability of the owner or operator;

(8) the performance, reliability, ease of implementation, and potential impacts of appropriate potential remedies, including safety impacts, cross-media impacts and control of exposure to any residual contamination;

(9) the time required to begin and complete the remedy;

(10) the costs of remedy implementation;

(11) the institutional requirements for local permits or other environmental or public health requirements that may substantially affect implementation of the remedy(s);

(12) the need for interim measures in accordance with provisions of Paragraph (3) of Subsection A of 20.9.9.17 NMAC;

(13) an analysis of the effectiveness of potential corrective measures in meeting all of the requirements and objectives and evaluation factors of the remedy as described in 20.9.9.16 NMAC; and

(14) other relevant factors.

D. The owner or operator shall discuss the results of the corrective measures assessment, prior to the selection of remedy, in a public meeting with interested and affected parties. Notice of the public meeting shall be provided the same as that specified in the Solid Waste Act for permit applications and Paragraph (4) of Subsection G of 20.9.9.13 NMAC. The public notice shall also contain the following information:

(1) name, address, and telephone number of the owner or operator and contact person;

(2) name and location of the facility;

(3) meeting location, date, and time;

(4) nature and extent of the plume;

(5) brief description of the assessment of corrective measures and the preferred remedy of the owner or operator;

(6) location where the assessment of corrective measures can be reviewed; and

(7) information regarding the opportunity to submit oral or written comments at the public meeting, and until 30 days after the public meeting, regarding the assessment and proposed remedy for consideration by the department.

E. The owner or operator shall make a record of the public meeting and submit it to the department.

F. The secretary may, based on the initial assessment, order interim measures, in accordance with Paragraph (3) of Subsection A of 20.9.9.17 NMAC.

N.M. Admin. Code § 20.9.9.15

20.9.9.15 NMAC - Rp, 20 NMAC 9.1.VIII.808, 8/2/2007