Current through Register Vol. 35, No. 6, March 26, 2024
A. Owners and operators shall remediate
contaminated soil in accordance with 20.5.120.2018 and 20.5.120.2026 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 in Subsection E of 20.5.120.2000 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 or hazardous 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 20.5.120.2026 NMAC are
met.
E. In accordance with a
timeline approved by the department or the timeline set forth in Subsection E
of 20.5.120.2000 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.