Current through Register Vol. 35, No. 24, December 23, 2024
Except as otherwise provided in 19.15.36 NMAC.
A. Depth to ground water.
(1) No landfill shall be located where ground
water is less than 100 feet below the lowest elevation of the design depth at
which the operator will place oil field waste.
(2) No landfarm that accepts soil or drill
cuttings with a chloride concentration that exceeds 500 mg/kg shall be located
where ground water is less than 100 feet below the lowest elevation at which
the operator will place oil field waste. See Subsection A of
19.15.36.15 NMAC for oil field
waste acceptance criteria.
(3) No
landfarm that accepts soil or drill cuttings with a chloride concentration that
is 500 mg/kg or less shall be located where ground water is less than 50 feet
below the lowest elevation at which the operator will place oil field
waste.
(4) No small landfarm shall
be located where ground water is less than 50 feet below the lowest elevation
at which the operator will place oil field waste.
(5) No other surface waste management
facility shall be located where ground water is less than 50 feet below the
lowest elevation at which the operator will place oil field waste.
B. No surface waste management
facility shall be located:
(1) within 200 feet
of a watercourse, lakebed, sinkhole or playa lake;
(2) within an existing wellhead protection
area or 100-year floodplain;
(3)
within, or within 500 feet of, a wetland;
(4) within the area overlying a subsurface
mine;
(5) within 500 feet from the
nearest permanent residence, school, hospital, institution or church in
existence at the time of initial application; or
(6) within an unstable area, unless the
operator demonstrates that engineering measures have been incorporated into the
surface waste management facility design to ensure that the surface waste
management facility's integrity will not be compromised.
C. No surface waste management facility shall
exceed 500 acres.
D. The operator
shall not accept oil field wastes transported by motor vehicle at the surface
waste management facility unless the transporter has a form C-133,
authorization to move liquid waste, approved by the division.
E. The operator shall not place oil field
waste containing free liquids in a landfill or landfarm cell. The operator
shall use the paint filter test, as prescribed by the EPA (EPA SW-846, method
9095) to determine conformance of the oil field waste to this
criterion.
F. Surface waste
management facilities shall accept only exempt or non-hazardous waste, except
as provided in Paragraph (3) of Subsection F of
19.15.36.13 NMAC. The operator
shall not accept hazardous waste at a surface waste management facility. The
operator shall not accept wastes containing NORM at a surface waste management
facility except as provided in 19.15.35 NMAC. The operator shall require the
following documentation for accepting oil field wastes, and both the operator
and the generator shall maintain and make the documentation available for
division inspection.
(1) Exempt oil field
wastes. The operator shall require a certification on form C-138, signed by the
generator or the generator's authorized agent, that represents and warrants
that the oil field wastes are generated from oil and gas exploration and
production operations, are exempt waste and are not mixed with non-exempt
waste. The operator shall have the option to accept such certifications on a
monthly, weekly or per load basis. The operator shall maintain and shall make
the certificates available for the division's inspection.
(2) Non-exempt, non-hazardous, oil field
wastes. The operator shall require a form C-138, oil field waste document,
signed by the generator or its authorized agent. This form shall be accompanied
by acceptable documentation to determine that the oil field waste is
non-hazardous.
(3) Emergency
non-oil field wastes. The operator may accept non-hazardous, non-oil field
wastes in an emergency if ordered by the department of public safety. The
operator shall complete a form C-138, oil field waste document, describing the
waste, and maintain the same, accompanied by the department of public safety
order, subject to division inspection.
G. The operator of a commercial facility
shall maintain records reflecting the generator, the location of origin, the
location of disposal within the commercial facility, the volume and type of oil
field waste, the date of disposal and the hauling company for each load or
category of oil field waste accepted at the commercial facility. The operator
shall maintain such records for a period of not less than five years after the
commercial facility's closure, subject to division inspection.
H. Disposal at a commercial facility shall
occur only when an attendant is on duty unless loads can be monitored or
otherwise isolated for inspection before disposal. The surface waste management
facility shall be secured to prevent unauthorized disposal.
I. To protect migratory birds, tanks
exceeding eight feet in diameter, and exposed pits and ponds shall be screened,
netted or covered. Upon the operator's written application, the division may
grant an exception to screening, netting or covering upon the operator's
showing that an alternative method will protect migratory birds or that the
surface waste management facility is not hazardous to migratory birds. Surface
waste management facilities shall be fenced in a manner approved by the
division.
J. Surface waste
management facilities shall have a sign, readable from a distance of 50 feet
and containing the operator's name; surface waste management facility permit or
order number; surface waste management facility location by unit letter,
section, township and range; and emergency telephone numbers.
K. The operators shall comply with the spill
reporting and corrective action provisions of 19.15.30 NMAC or 19.15.29
NMAC.
L. Each operator shall have
an inspection and maintenance plan that includes the following:
(1) monthly inspection of leak detection
sumps including sampling if fluids are present with analyses of fluid samples
furnished to the division; and maintenance of records of inspection dates, the
inspector and the leak detection system's status;
(2) semi-annual inspection and sampling of
monitoring wells as required, with analyses of ground water furnished to the
division; and maintenance of records of inspection dates, the inspector and
ground water monitoring wells' status; and
(3) inspections of the berms and the outside
walls of pond levees quarterly and after a major rainfall or windstorm, and
maintenance of berms in such a manner as to prevent erosion.
M. Each operator shall have a plan
to control run-on water onto the site and run-off water from the site, such
that:
(1) the run-on and run-off control
system shall prevent flow onto the surface waste management facility's active
portion during the peak discharge from a 25-year storm; and
(2) run-off from the surface waste management
facility's active portion shall not be allowed to discharge a pollutant to the
waters of the state or United States that violates state water quality
standards.
N.
Contingency plan. Each operator shall have a contingency plan. The operator
shall provide the division's environmental bureau with a copy of an amendment
to the contingency plan, including amendments required by Paragraph (8) of
Subsection N of
19.15.36.13 NMAC; and promptly
notify the division's environmental bureau of changes in the emergency
coordinator or in the emergency coordinator's contact information. The
contingency plan shall be designed to minimize hazards to fresh water, public
health or the environment from fires, explosions or an unplanned sudden or
non-sudden release of contaminants or oil field waste to air, soil, surface
water or ground water. The operator shall carry out the plan's provisions
immediately whenever there is a fire, explosion or release of contaminants or
oil field waste constituents that could threaten fresh water, public health or
the environment; provided that the emergency coordinator may deviate from the
plan as necessary in an emergency situation. The contingency plan for
emergencies shall:
(1) describe the actions
surface waste management facility personnel shall take in response to fires,
explosions or releases to air, soil, surface water or ground water of
contaminants or oil field waste containing constituents that could threaten
fresh water, public health or the environment;
(2) describe arrangements with local police
departments, fire departments, hospitals, contractors and state and local
emergency response teams to coordinate emergency services;
(3) list the emergency coordinator's name;
address; and office, home and mobile phone numbers (where more than one person
is listed, one shall be named as the primary emergency coordinator);
(4) include a list, which shall be kept
current, of emergency equipment at the surface waste management facility, such
as fire extinguishing systems, spill control equipment, communications and
alarm systems and decontamination equipment, containing a physical description
of each item on the list and a brief outline of its capabilities;
(5) include an evacuation plan for surface
waste management facility personnel that describes signals to be used to begin
evacuation, evacuation routes and alternate evacuation routes in cases where
fire or releases of wastes could block the primary routes;
(6) include an evaluation of expected
contaminants, expected media contaminated and procedures for investigation,
containment and correction or remediation;
(7) list where copies of the contingency plan
will be kept, which shall include the surface waste management facility; local
police departments, fire departments and hospitals; and state and local
emergency response teams;
(8)
indicate when the contingency plan will be amended, which shall be within five
working days whenever:
(a) the surface waste
management facility permit is revised or modified;
(b) the plan fails in an emergency;
(c) the surface waste management facility
changes design, construction, operation, maintenance or other circumstances in
a way that increases the potential for fires, explosions or releases of oil
field waste constituents that could threaten fresh water, public health or the
environment or change the response necessary in an emergency;
(d) the list of emergency coordinators or
their contact information changes; or
(e) the list of emergency equipment
changes;
(9) describe
how the emergency coordinator or the coordinator's designee, whenever there is
an imminent or actual emergency situation, will immediately;
(a) activate internal surface waste
management facility alarms or communication systems, where applicable, to
notify surface waste management facility personnel; and
(b) notify appropriate state and local
agencies with designated response roles if their assistance is
needed;
(10) describe
how the emergency coordinator, whenever there is a release, fire or explosion,
will immediately identify the character, exact source, amount and extent of
released materials (the emergency coordinator may do this by observation or
review of surface waste management facility records or manifests, and, if
necessary, by chemical analysis) and describe how the emergency coordinator
will concurrently assess possible hazards to fresh water, public health or the
environment that may result from the release, fire or explosion (this
assessment shall consider both the direct and indirect hazard of the release,
fire or explosion);
(11) describe
how, if the surface waste management facility stops operations in response to
fire, explosion or release, the emergency coordinator will monitor for leaks,
pressure buildup, gas generation or rupture in valves, pipes or the equipment,
wherever this is appropriate;
(12)
describe how the emergency coordinator, immediately after an emergency, will
provide for treating, storing or disposing of recovered oil field waste, or
other material that results from a release, fire or explosion at a surface
waste management facility;
(13)
describe how the emergency coordinator will ensure that no oil field waste,
which may be incompatible with the released material, is treated, stored or
disposed of until cleanup procedures are complete; and
(14) provide that the emergency coordinator
may amend the plan during an emergency as necessary to protect fresh water,
public health or the environment.
O. Gas safety management plan. Each operator
of a surface waste management facility that includes a landfill shall have a
gas safety management plan that describes in detail procedures and methods that
will be used to prevent landfill-generated gases from interfering or
conflicting with the landfill's operation and protect fresh water, public
health and the environment. The plan shall address anticipated amounts and
types of gases that may be generated, an air monitoring plan that includes the
vadose zone and measuring, sampling, analyzing, handling, control and
processing methods. The plan shall also include final post closure monitoring
and control options.
P. Training
program. Each operator shall conduct an annual training program for key
personnel that includes general operations, permit conditions, emergencies
proper sampling methods and identification of exempt and non-exempt waste and
hazardous waste. The operator shall maintain records of such training, subject
to division inspection, for five years.
