N.M. Admin. Code § 20.9.9.17

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

Section 20.9.9.17 - IMPLEMENTATION OF A CORRECTIVE ACTION PROGRAM

A. Based on the schedule approved by the secretary under Subsection F of 20.9.9.16 NMAC for initiation and completion of remedial activities, the owner or operator shall:

(1) establish and implement a corrective action ground water monitoring program that:

(a) at a minimum, meets the requirements of an assessment monitoring program under 20.9.9.13 NMAC;

(b) will indicate the effectiveness of the corrective action remedy; and

(c) demonstrates compliance with the corrective action levels;

(2) implement the corrective action remedy approved under 20.9.9.16 NMAC; and

(3) take any interim measures necessary to ensure the protection of public health, welfare and the environment; interim measures should, to the greatest extent practicable, be consistent with the objectives of, and contribute to the performance of, any remedy that may be required pursuant to 20.9.9.16 NMAC; the following factors shall be considered in determining whether interim measures are necessary:

(a) time required to develop and implement a final remedy;

(b) actual or potential exposure of nearby populations or environmental receptors to constituents;

(c) actual or potential contamination of drinking water supplies or sensitive ecosystems;

(d) further degradation of the ground water that may occur if remedial action is not initiated expeditiously;

(e) weather conditions that may cause constituents to migrate or be released;

(f) risks of fire or explosion, or potential for exposure to constituents as a result of an accident or failure of a container or handling system; and

(g) other situations that may pose threats to public health, welfare and the environment.

B. If the secretary determines, based on information developed after implementation of the remedy has begun or other information, that compliance with requirements of Subsection C of 20.9.9.16 NMAC are not being achieved through the remedy selected the secretary may issue an order requiring the owner or operator to propose, for consideration by the secretary, other methods or techniques that could practicably achieve compliance with Subsection C of 20.9.9.16 NMAC. An owner or operator proposing an alternative remedy under this subsection shall comply with all factors and criteria of 20.9.9.15-16 NMAC.

C. All solid wastes that are generated pursuant to this section, or an interim measure required under Paragraph (3) of Subsection A of this section, shall be managed in a manner which:

(1) is protective of public health, welfare and the environment; and

(2) complies with applicable RCRA requirements, the Solid Waste Act and 20.9.2 - 20.9.10 NMAC.

D. Remedies selected pursuant to 20.9.9.16 NMAC shall be considered complete when:

(1) the owner or operator complies with the CALs at all points within the plume of contamination for a period of three consecutive years; the secretary may specify an alternative length of time during which the owner or operator shall demonstrate that concentrations of constituents referenced in 20.9.9.20 NMAC have not exceeded CALs provided the time is not less than eight consecutive calendar quarters with one sampling event per quarter, and taking into consideration:

(a) extent and concentration of the release(s);

(b) behavior characteristics of the hazardous constituents in the ground water;

(c) accuracy of monitoring or modeling techniques, including any seasonal, meteorological, or other environmental variabilities that affect the accuracy; and

(d) characteristics of the ground water; and

(2) all actions required to complete the remedy have been satisfied.

E. Upon completion of the remedy, the owner or operator shall notify the secretary in writing within 14 days with a certification that the remedy has been completed in compliance with the requirements of Subsection D of this section. The certification shall be signed by a qualified ground water scientist and submitted to the secretary for specific approval.

F. Upon approval of the certification that the corrective action remedy has been completed in accordance with the requirements under Subsection D of this section, the owner or operator shall be released from the requirements for financial assurance for corrective action under 20.9.10.12 NMAC.

G. In the event that new information becomes available which indicates a constituent release may pose a threat to human health or welfare or the environment, the department may require continued compliance with 20.9.9.17 NMAC, or further investigation or selection of a remedy as necessary.

N.M. Admin. Code § 20.9.9.17

20.9.9.17 NMAC - Rp, 20 NMAC 9.1.VIII.810, 8/2/2007