New Mexico Administrative Code
Title 19 - NATURAL RESOURCES AND WILDLIFE
Chapter 11 - GEOTHERMAL RESOURCES DEVELOPMENT
Part 4 - CONSTRUCTION AND OPERATION
Section 19.11.4.20 - DISPOSAL OF GEOTHERMAL RESOURCES, RESIDUE OF GEOTHERMAL RESOURCES OR NONDOMESTIC WASTE FROM THE EXPLORATION, DEVELOPMENT OR PRODUCTION OF GEOTHERMAL RESOURCES

Universal Citation: 19 NM Admin Code 19.11.4.20

Current through Register Vol. 35, No. 24, December 23, 2024

Persons disposing of geothermal resources, residue of geothermal resources or nondomestic waste from the exploration, development or production of geothermal resources shall do so in a manner that does not constitute a hazard to life, health, property, natural resources, the environment or the public welfare. The permittee shall dispose of geothermal resources, residue of geothermal resources or nondomestic waste from the exploration, development or production of geothermal resources as provided in 19.11.4.17 or 19.11.4.20 NMAC, or at a facility permitted to accept the products.

A. The permittee may discharge geothermal resources, residue of geothermal resources or nondomestic waste from the exploration, development or production of geothermal resources to an above ground surface impoundment that meets the requirements of Subsection B of 19.11.4.20 NMAC, provided the other requirements of 19.11.4 NMAC are met and the permittee submits, and the division approves, a discharge plan that conforms to the following requirements:

(1) the effluent shall not contain any detectable toxic pollutant as defined in 20.6.2 NMAC;

(2) the amount of effluent that enters the subsurface from a surface impoundment shall not exceed 0.5 acre-feet per acre per year, calculated as a monthly rolling 12-month total;

(3) the effluent is in conformance with the New Mexico water quality standards in 20.6.2.3103 NMAC or the total weight of each water contaminant, that is not in conformance with the New Mexico water quality standards in 20.6.2.3103 NMAC, that enters the subsurface from a surface impoundment shall not exceed 200 pounds per acre per year, calculated as a monthly rolling 12-month total;

(4) the discharge plan shall include adequate provisions for sampling of effluent and adequate flow monitoring so that the amount being discharged onto or below the surface of the ground can be determined; and

(5)the discharge plan shall include a minimum annual reporting frequency of monitoring data to the division.

B. For discharges approved per Subsection A of 19.11.4.20 NMAC, the permittee shall construct and operate a surface impoundment in accordance with the following:

(1) the permittee shall design and construct a surface impoundment to prevent run-on of surface water and out flow of effluent; a berm, ditch, proper sloping or other diversion shall surround a surface impoundment to prevent run-on of surface water and out flow of effluent;

(2) the permittee shall site the surface impoundment according the requirements in Paragraph (1) of Subsection A of 19.11.4.17 NMAC;

(3)the permittee shall inject or withdraw liquids from a surface impoundment through a header, diverter or other hardware that prevents damage to the berm, ditch, sloping or other diversion system by erosion, fluid jets or impact from installation and removal of hoses or pipes; and

(4) the permittee shall maintain a surface impoundment to prevent the collection of surface water run-on and surface ground flow of effluent out from the surface impoundment.

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