New Mexico Administrative Code
Title 19 - NATURAL RESOURCES AND WILDLIFE
Chapter 15 - OIL AND GAS
Part 34 - PRODUCED WATER, DRILLING FLUIDS AND LIQUID OIL FIELD WASTE
Section 19.15.34.11 - SITING REQUIREMENTS FOR RECYCLING CONTAINMENTS

Universal Citation: 19 NM Admin Code 19.15.34.11

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

A. An operator shall not locate a recycling containment:

(1) where ground water is less than 50 feet below the bottom of the containment;

(2) within 300 feet of a continuously flowing watercourse, or 200 feet of any other significant watercourse or lakebed, sinkhole or playa lake (measured from the ordinary high-water mark);

(3) within 1000 feet of a permanent residence, school, hospital, institution or church in existence at the time of the initial registration;

(4) within 500 feet of a spring or fresh water well used for domestic or stock watering purposes in existence at the time of the initial registration;

(5) within incorporated municipal boundaries or within a defined municipal fresh water well field covered by a municipal ordinance adopted pursuant to Section 3-27-3 NMSA 1978, as amended, unless the municipality specifically approves the recycling containment in writing;

(6) within 500 feet of a wetland;

(7) within an area overlying a subsurface mine;

(8) within an unstable area unless the operator demonstrates that it has incorporated engineering measures into the design to ensure that the containment's integrity is not compromised; or

(9) within a 100-year floodplain.

B. In the absence of site-specific ground water data, the operator may use data generated by models, cathodic well lithology, published information or other tools as approved by the division district office.

C. An operator shall not locate material excavated during construction:

(1) within 100 feet of a continuously flowing watercourse or significant watercourse;

(2) within 200 feet from a lakebed, sinkhole or playa lake (measured from the ordinary high-water mark);

(3) within 100 feet of a wetland; or

(4) within a 100-year floodplain.

Disclaimer: These regulations may not be the most recent version. New Mexico may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
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