New Mexico Administrative Code
Title 19 - NATURAL RESOURCES AND WILDLIFE
Chapter 2 - STATE TRUST LANDS PART 24 CULTURAL PROPERTIES PROTECTION
Part 100 - RELATING TO OIL AND GAS LEASES
Section 19.2.100.66 - SURFACE OPERATIONS ON STATE OIL AND GAS LEASES
Universal Citation: 19 NM Admin Code 19.2.100.66
Current through Register Vol. 35, No. 18, September 24, 2024
A. Purpose and application of 19.2.100.66 NMAC: The purpose of 19.2.100.66 NMAC is to establish minimum procedures for protecting the surface affected by operation and development activities on state oil and gas leases. 19.2.100.66 NMAC applies to all operations conducted after its effective date on state oil and gas leases, the surface of which is held in trust by the commissioner of public lands.
B. Operation Requirements:
(1) Surface trash and debris: All operators
shall remove all surface trash and debris caused by their operations from the
lease and shall keep such premises free and clear of such trash and debris. As
used in 19.2.100.66 NMAC, "surface trash and debris" means all nonoperational
and nonessential equipment resulting from the drilling and producing operation
of oil and gas leases and includes, but is not limited to, garbage, rubbish,
junk or scrap.
(2) Pits:
(a) Pits shall not be located in, or
hazardously near, water drainages. Pits shall be constructed to prevent
contamination of the surface and the subsurface by seepage or flowage;
including, if necessary, lining with impermeable materials as provided by rules
and regulations of the oil conservation division. Under no circumstances shall
pits be used for disposal, dumping or storage of off-lease fluids. Subject to
all applicable state and federal laws, and if the operator agrees to accept all
liability therefore; garbage, junk, waste or other inorganic debris may be
disposed of in the caliche or burn pit located on the side of the reserve pit
when the reserve pit is reclaimed.
(b) All pits shall be fenced. The type of
fence used must be specific to the class of livestock in the area. Fencing
shall remain in place for the life of the pit and be maintained to keep
livestock out. All fences shall be braced or constructed in such a manner as to
keep wires tight with no sagging between posts. State land office personnel
will inspect and, if necessary, notify operators or lessees of necessary
repairs or requirements for maintaining the required condition of all fences
associated with leases. Fencing shall comply with all other state and federal
requirements.
(c) If a pit is
lined, the liner shall be installed and maintained to prevent ingestion by
livestock and wildlife.
(d)
Drilling fluids and drill cuttings shall be disposed of in a manner to prevent
contamination to the surface. Rules of the oil conservation division which
relate to the disposal of drilling fluids and drill cuttings shall be complied
with.
(3) Site
Development:
(a) All access roads shall be
built, maintained and reclaimed in accordance with 19.2.20 NMAC.
(b) All trees and wood over three inches in
diameter removed for site preparation shall be disposed of on site as
determined by the state land office.
(c) Where required by the federal Clean Water
Act, other applicable federal or state law, or regulations promulgated pursuant
thereto, production and storage tanks shall be surrounded with an earthen berm
in compliance with such applicable law and regulations. In addition, such a
berm may be required by the state land office if a particular tank has a
history of repeated leaks.
(4) Spills:
(a) All new spills shall be treated and
cleaned up immediately. All surface affected by such spills and leaks shall be
reclaimed. Reclamation of the area involved shall be implemented in
consultation with the state land office.
(b) All spills shall be reported in
accordance with the regulations of the oil conservation division.
(5) Pipelines: If practicable,
lines placed on top of the surface shall be placed to take advantage of
existing roads or alongside other lines already on top of the ground. If
regular maintenance and inspection by vehicle is necessary, and a permanent
road required, the road shall be constructed and maintained in accordance with
19.2.20 NMAC. All other traffic shall be kept to a minimum.
C. Closeout and operation plan:
(1) A reclamation or operation plan may be
submitted to the state land office for review. If approved, the plan shall
substitute for the reclamation and operation requirements of 19.2.100.66 NMAC
and
19.2.100.67
NMAC.
(2) The plan shall consist of
reclamation and operation specifics for compliance with the regulations
concerning reclamation and operations, with an additional section that sets out
the schedule of implementation on a continuing basis during the life of the
lease relative to operation, maintenance, spills, leaks, cleanup and
revegetation.
D. Review and inspection:
(1) State land office
personnel or oil conservation division personnel may, from time to time,
recommend actions necessary to comply with reasonable use of the surface and
prudent operator standards.
(2)
These recommendations shall be made either to state land office administrators
or the commissioner's office, or to the lessee directly.
E. Exemptions and appeal procedure:
(1) The commissioner, or the commissioner's
qualified designated representative, may grant an exemption to any or all of
the requirements of this rule when a lessee provides a state land office
approved reclamation or operation plan, or demonstrates that compliance would
be impracticable or has occurred naturally. Any such exemption granted shall be
in writing addressed to the lessee or operator requesting the
exemption.
(2) Any lessee or
operator aggrieved or adversely affected by a determination or interpretation
of the state land office under 19.2.100.66 NMAC may, within 60 days of the
receipt of such determination or interpretation, request a hearing before the
commissioner of public lands. Within 30 days after receiving such a request,
the commissioner shall convene a hearing at which the lessee or operator and
the commissioner's staff may present evidence. Within 15 days of the hearing,
the commissioner shall enter the commissioner's decision on the matter. Any
decision of the commissioner may be appealed pursuant to Section
19-10-23
NMSA 1978.
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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