New Mexico Administrative Code
Title 20 - ENVIRONMENTAL PROTECTION
Chapter 5 - PETROLEUM STORAGE TANKS
Part 115 - OUT-OF-SERVICE STORAGE TANK SYSTEMS AND CLOSURE
Section 20.5.115.1500 - REQUIRED NOTIFICATION PRIOR TO TEMPORARY OR PERMANENT CLOSURE, RETURN TO SERVICE, REMOVAL, OR CHANGE IN SERVICE

Universal Citation: 20 NM Admin Code 20.5.115.1500

Current through Register Vol. 35, No. 6, March 26, 2024

A. Notice required.

(1) At least 30 days before beginning either permanent closure, temporary closure, return to service, change in service, or removal of a tank pursuant to this part, or within another reasonable time period if approved in advance by the department, owners and operators shall notify the department in writing of their intent to remove, close or make the return to or change in service, unless such action is in response to corrective action.

(2) If owners and operators do not notify the department that a tank is out of service, the tank shall be considered to be in service for the purpose of these regulations.

(3) Additionally, owners and operators shall notify the department in writing at least 30 days prior to placing any regulated substance into a tank that has been in temporary or permanent closure, or before a return to service.

B. Opportunity for inspector to be present. To ensure that a department inspector has an opportunity to be present during the steps in procedures which are important to the prevention of releases, owners, operators, and certified tank installers shall give the department notice of the dates on which critical junctures in the removal, change in service, return to service and closure of the storage tank system are to take place. This notice shall be given at least 24 hours before any critical juncture begins, and shall be either oral or written. The inspector may require that critical junctures be performed from Monday through Friday during regular business hours.

C. Critical junctures. For removal, change in service, return to service, or storage tank system closure, the term "critical junctures" means:

(1) completion of the excavation of a UST or piping;

(2) cleaning and inerting of a tank;

(3) the actual removal of a UST or its associated piping from the ground, or the filling of a UST in place;

(4) actual permanent closure of an AST and its associated piping from any location where it has been in use; and

(5) assessment of a tank site for releases.

D. At a minimum, the notice for removal, change in service, return to service or temporary or permanent closure of a storage tank system shall contain the following information:

(1) date the form is completed;

(2) facility name, facility ID number, address (with county), and telephone number;

(3) owner name, owner ID number, and address, and telephone number;

(4) description of type of change of status (change in service, return to service or closure);

(5) expected date of change in service, return to service or closure; and

(6) signature of owner, operator or an authorized representative.

E. In addition to the written notices described in this section, owners, operators and certified tank installers shall give oral notice at least 24 hours in advance of the commencement of the procedure. In the oral notice, owners, operators and certified tank installers shall describe any changes to the 30-day written notice required in Subsection D of this section, such as different equipment or removal methods.

F. If owners, operators and certified tank installers are separate persons, only one person is required to comply with the notice requirements of this section; however, all parties are liable in the event of noncompliance.

[The bureau provides an optional form that may be used. The form is available on the petroleum storage tank bureau's pages on the department website or by contacting the petroleum storage tank bureau at 505-476-4397 or 2905 Rodeo Park Drive East, Building 1, Santa Fe, NM 87505.]

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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