Current through Register Vol. 35, No. 6, March 26, 2024
A. Owners and operators shall remediate
contaminated soil in accordance with 20.5.119.1912, 20.5.119.1914, and
20.5.119.1922 NMAC, unless approved by the department to remove and treat
contaminated soil in accordance with this section.
(1) The department may approve interim
removal of contaminated soil when such action is determined to be practical and
necessary to protect public health, safety and welfare or the
environment.
(2) Under this
section, owners and operators shall excavate, treat and dispose of contaminated
soil using methods approved by the department, in compliance with local laws
and regulations, and under a timeline approved by the department or the
timeline set forth in Subsection E of 20.5.119.1900 NMAC.
(3) The department shall approve the vertical
and horizontal extent of soil to be excavated.
B. When treating or temporarily storing soil
on site, owners and operators shall:
(1) for
treatment on site, spread soil in a six-inch layer over an impervious liner or
other surface approved by the department to prevent infiltration to groundwater
and place the layer of soil on level ground and berm to prevent runoff from
contaminating other soil or surface water;
(2) for temporary storage, place the soil in
a secure, bermed area on an impervious liner or surface or in a secured and
properly labeled container, as approved by the department; and
(3) handle soil in a manner that does not
contaminate groundwater, surface water or other uncontaminated soil or does not
create or cause a public nuisance or threat to human health, safety and welfare
or the environment.
C.
When contaminated soil is taken off site, owners and operators shall provide
the department with the following information within 14 days of removal of the
soil from the site:
(1) written documentation
of the type and concentration of contaminants, volume and weight of soil,
method of treatment, date transported, and location of the site of disposal or
treatment;
(2) a signed, written
statement by the owner of the treatment or disposal site describing the
location of the site and expressly accepting the contaminated soil;
and
(3) if contaminated soil is
taken to a permitted solid waste facility, a manifest signed by the generator,
transporter and the owner or operator of the solid waste facility.
D. Remediation shall be considered
complete when the requirements in 20.5.119.1929 NMAC are met.
E. In accordance with a timeline approved by
the department or the timeline set forth in Subsection E of 20.5.119.1900 NMAC,
owners and operators shall submit to the department a report describing the
removal and treatment of contaminated soil.
(1) The report shall describe the soil
removal action and its effectiveness, including volumes and weight
removed.
(2) Owners and operators
shall submit the report within 30 days of the soil removal action.
