New Mexico Administrative Code
Title 20 - ENVIRONMENTAL PROTECTION
Chapter 5 - PETROLEUM STORAGE TANKS
Part 120 - CORRECTIVE ACTION FOR UST SYSTEMS CONTAINING OTHER REGULATED SUBSTANCES
Section 20.5.120.2020 - FINAL REMEDIATION PLAN
Universal Citation: 20 NM Admin Code 20.5.120.2020
Current through Register Vol. 35, No. 6, March 26, 2024
A. Following department approval of the conceptual remediation plan, owners and operators shall develop a final remediation plan in accordance with this section and shall submit three copies of the final remediation plan to the department in accordance with a timeline approved by the department or the timeline set forth in Subsection E of 20.5.120.2000 NMAC.
B. The design and engineering of any final remediation plan that includes mechanical or electrical equipment, engineered fill, pinning, shoring or slope stability analysis shall be the responsibility of a professional engineer as defined in 20.5.101.7 NMAC. A professional engineer shall sign and seal all plans and drawings required pursuant to this section, unless otherwise approved by the department.
C. In order to eliminate the potential to emit regulated substances to the environment, all engineered remediation systems shall be designed, constructed and operated such that malfunction or failure of any integral component results in automatic shutdown of the entire system. Integral components include but are not limited to pumps, blowers, oil-water separators, oxidizer systems, air strippers, filtration systems and computers.
D. All final remediation plans shall, at a minimum, include all of the following:
(1) goals of remediation and target
concentrations to be achieved in each medium;
(2) a site plan drawn to scale of no less
than one inch equals 40 feet, showing all existing buildings, structures, paved
areas, utilities, buried utility trenches, former and existing USTs, other
sources of contamination, extent and magnitude of contamination, and existing
and proposed monitoring wells;
(3)
a hydrogeologic cross section showing contaminant mass in relation to the
remediation system and a topographic map of appropriate scale showing the site
in relation to existing and reasonably foreseeable future receptors;
(4) an implementation schedule;
(5) engineered plans and specifications in
accordance with Subsection E of this section;
(6) a schedule for remediation of the source
areas, for protection of receptors, and for achieving target concentrations,
and a demonstration through calculations or other appropriate means which
supports this schedule;
(7) a
design and schedule for system optimization that meets the requirements of
20.5.120.2024 NMAC;
(8) a
contingency plan in case of a change in site conditions that threatens public
health, safety and welfare or the environment;
(9) copies of all permits, permit
applications, and property access agreements required to initiate remediation,
including, if necessary, permits required by the state engineer, permits for
discharge to groundwater or a waste water treatment plant, permits for air
emissions or a surface water national pollution discharge elimination system
(NPDES) permit;
(10) public notice
in conformance with the following requirements:
(a) the owner or operator shall publish a
legal notice of the submission or planned submission of the final remediation
plan at least twice in a paper of general circulation in the county in which
soil or water has been contaminated by the release; the first notice shall
appear within one week of, but not later than, the day of submission of the
final remediation plan to the department; the second publication of this notice
shall occur no later than seven days after the date the remediation plan is
submitted to the department, and owners and operators shall submit two
certified affidavits of publication from the newspaper to the department within
21 days after the date the final remediation plan is submitted;
(b) the notice shall contain the information
specified in this section including the following:
(i) a statement that a remediation plan has
been submitted to the department proposing actions to remediate a release of
hazardous substances;
(ii) the name
and physical address of the site at which the release occurred and the names
and physical addresses of properties where any part of the remediation system
will be located, using adequate identification of the properties, including
street addresses if applicable;
(iii) a statement that a copy of the
remediation plan and all data and modeling related to the remediation plan, if
applicable, can be viewed at the department's main office and at the
department's field office for the area in which the release occurred;
and
(iv) a statement that public
comments on the plan must be delivered, within 21 days of the publication of
the second notice, to the owner or operator's assigned project manager at the
petroleum storage tank bureau, New Mexico environment department, or a district
office if approved by the department, and to the secretary of the environment
department;
(c) within
seven days of the date a remediation plan is submitted to the department,
owners and operators shall also mail by certified mail a copy of the legal
notice to adjacent property owners;
(d) owners and operators shall post a notice
of the submission of the remediation plan at the release site within seven days
of the submission of the remediation plan; the notice shall contain the
information specified in this Subsection and shall be at least eight and
one-half inches by 11 inches in size and prominently displayed in a location
where it is likely to be seen by members of the public for a continuous period
until the remediation plan is approved and implemented; public comments must be
received by the department within 21 days of the date of the second publication
of the public notice;
(11) for sites where contaminated media are
being removed, a description of the ultimate disposal site of contaminated
media, location of excavation and trenching, and method of limiting access by
pedestrian and vehicular traffic; and
(12) other requirements as directed by the
department.
E. In addition to the requirements of Subsection D of this section, all final remediation plans shall include:
(1) for
engineered systems:
(a) unless otherwise
approved by the department, a complete and definitive engineering design for a
mechanical, electrical, or constructed system, including drawings, plans,
diagrams and specifications which are signed and sealed by a professional
engineer;
(b) process and
instrumentation diagrams;
(c)
mechanical arrangement plans and elevations, drawn to scale, showing proposed
wells, manifolds, piping details, instrumentation and sampling ports;
(d) details of vapor or fluid extraction or
injection wells, as appropriate, including screen length and placement in
relation to ground surface, normal and low water table elevations and geologic
strata, screen slot size, depths and specifications of the filter pack and
seal, and drilling method;
(e)
equipment and parts list and specifications including a spare parts list,
performance requirements, maintenance requirements and schedule;
(f) electric power requirements including a
one-line diagram and schematics;
(g) operation and maintenance commitments and
schedules for all facets of the remediation system; and
(h) all other plans, diagrams and
specifications that are necessary to properly construct and operate the
remediation system in accordance with the remediation plan including but not
limited to requirements for:
(i) trenching
and protection from traffic;
(ii)
concrete repair and replacement;
(iii) restoration of property; and
(iv) location and protection of underground
utilities.
(2)
for excavation and disposal plans:
(a) plan
view of proposed excavation relative to contaminant plume;
(b) cross-sections of proposed excavation
depicting overburden, contaminated material to be removed and
backfill;
(c) volume calculations
and slope stability analysis;
(d)
description of excavation and backfill procedure to be performed in conformance
with OSHA and ASTM standards and regulations;
(e) traffic control plan;
(f) description of post-excavation
confirmation sampling;
(g) proposed
final grade plan;
(h)
post-excavation grade survey; and
(i) all other plans, diagrams and
specifications that are necessary including but not limited to requirements
for:
(i) trenching and protection from
traffic;
(ii) concrete repair and
replacement;
(iii) restoration of
property; and
(iv) location and
protection of underground utilities.
[The address of the department's Petroleum Storage Tank Bureau, Remediation Section is: 2905 Rodeo Park Drive East, Building 1, Santa Fe, New Mexico 87505.]
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