New Mexico Administrative Code
Title 20 - ENVIRONMENTAL PROTECTION
Chapter 5 - PETROLEUM STORAGE TANKS
Part 119 - CORRECTIVE ACTION FOR STORAGE TANK SYSTEMS CONTAINING PETROLEUM PRODUCTS
Section 20.5.119.1912 - SOIL-ONLY CONTAMINATION ASSESSMENT

Universal Citation: 20 NM Admin Code 20.5.119.1912

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

The soil-only contamination assessment is intended to determine whether soil contamination poses a threat to human health or the environment including groundwater or may pose a threat in the future such that corrective action is required. Owners and operators shall comply with this section as required by the department. Owners and operators shall obtain written approval from the department before initiating the evaluation.

A. After the horizontal and vertical extent and magnitude of the soil contamination from the release has been fully characterized and where groundwater has not been impacted, the department may require owners and operators to demonstrate the extent to which a release may pose a threat to human health and the environment.

B. Owners and operators shall use the department approved risk assessment guidance for site investigations and remediation; or equivalent assessment tool as required and approved by the department to comply with the requirements of this section.

C. When representative concentrations of any contaminant of concern equal or exceed any soil screening levels (SSLs) as discussed in Subsection B of 20.5.119.1912 NMAC for any exposure pathway, owners and operators shall perform a site-specific risk assessment if directed by the department.

D. Soil-only contamination assessment reports shall be submitted in accordance with 20.5.119.1933 NMAC and shall be maintained in accordance with 20.5.119.1932 NMAC.

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