(1)
Site map. The responsible party must provide a scaled diagram that
shows the potentially impacted area, significant surface features including
roads and site infrastructure, location of borings, sample points, monitoring
wells and subsurface features such as known pipelines to the extent known at
the time of submittal including the source of information regarding subsurface
features.
(2)
Depth to ground
water. The responsible party must determine the depth to ground water
where the release occurred. If the exact depth to ground water is unknown, the
responsible party must provide a reasonable determination of probable ground
water depth using data generated by numeric models, cathodic well lithology,
water well data, published information or other tools as approved by the
appropriate division district office. If the responsible party uses water well
data, the responsible party must provide all pertinent well
information.
(3)
Wellhead
protection area. The responsible party must determine the horizontal
distance from all known water sources within a half mile of the release
including private and domestic water sources. Water sources are wells, springs
or other sources of fresh water extraction. Private and domestic water sources
are those water sources used by less than five households for domestic or stock
purposes.
(4)
Distance to
nearest significant watercourse. The responsible party must determine
the horizontal distance to the nearest significant watercourse as defined in
Subsection P of
19.15.17.7 NMAC within a half mile
of any horizontal boundary of the release.
(5)
Soil/waste characteristics.
The responsible party must determine the lateral and vertical extents of soil
contamination, as follows.
(a) If the release
occurred within a lined containment area, the responsible party must
demonstrate liner integrity after affected material is removed and the affected
area of the liner is exposed and provide:
(i)
certification on form C-141 that the responsible party has visually inspected
the liner where the release occurred and the liner remains intact and had the
ability to contain the leak in question; and
(ii) at least two business days' notice to
the appropriate division district office before conducting the liner
inspection.
(b) If the
responsible party is unable to demonstrate liner integrity or the release
occurred outside of a lined containment area, the responsible party must
delineate the release horizontally and vertically using Table I of
19.15.29.12 NMAC constituents or
as required by Subparagraph (e) of Paragraph (5) of Subsection A of
19.15.29.11 NMAC based on the type
of release. The responsible party shall use one or more of the following soil
sampling methods for characterization:
(v) or other division-approved
methods.
(c) In addition
to Subparagraph (b) of Paragraph (5) of Subsection A of
19.15.29.11 NMAC, if the release
occurred outside of a lined containment area and is in an area where depth to
ground water is greater than 50 feet and less than or equal to 100 feet, the
responsible party must delineate the vertical extent of the release to the
greater of 600 mg/kg chloride or background chloride level, if:
(i) the release contains produced water that
exceeds 10,000 mg/l of chloride (if the responsible party contends the fluid is
less than 10,000 mg/l, the responsible party must provide current sample
results to the division); and
(ii)
the release is of an unknown quantity or results in greater than 200 barrels of
unrecovered produced water.
(d) If the conditions are met in Subparagraph
(c) of Paragraph (5) of Subsection A of
19.15.29.11 NMAC, the responsible
party must submit at least two soil samples for laboratory analysis from each
borehole or sample point (highest observed contamination and deepest depth
investigated). Field screening and assessment techniques are acceptable
(headspace, titration, electrical conductivity, electromagnetics, etc.), but
the sampling procedures must be clearly defined. The responsible party must
submit copies of field notes attributable to field sampling and provide copies
of the actual laboratory results including chain of custody
documentation.
(e) If a known
release of other oil field related chemicals occurs that is not included in
Table I of
19.15.29.12 NMAC, and does not
include oil, gas, produced water or other fluids from the wellstream, the
standards for remediation shall be as follows:
(i) if the constituent appears on Table 1 of
40 C.F.R.
261.24(b), then that
constituent shall be remediated according to
40 C.F.R.
261.24;
(ii) if the constituent is not identified in
Table 1 of
40 C.F.R.
261.24(b), but is identified
in the New Mexico environment department's Risk Assessment Guidance for Site
Investigations and Remediation Volumes I and II (assessment), the division will
determine the appropriate Assessment Volume and remediation shall occur
pursuant to the assessment;
(iii)
if the constituent is not identified in Items (i) or (ii) of Subparagraph (e)
of Paragraph (5) of Subsection A of
19.15.29.11 NMAC, the division
shall consult with the responsible party to determine appropriate remediation
of the release.
