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 20.5.120.2027 - NO FURTHER ACTION DETERMINATION
Current through Register Vol. 35, No. 6, March 26, 2024
A. A no further action determination is a technical determination issued by the department that documents that the owner or operator of a site has met all applicable remediation standards and that no contaminant will present a significant risk of harm to public health, safety and welfare and the environment.
B. Any owner or operator may request that the department evaluate a site for a no further action determination by submitting a written request to the department. The request shall include the following, if requested by the department:
C. Owners and operators shall receive approval of a determination for no further action status for the release when all of the following conditions are met:
D. Owners and operators shall receive approval of a request for no further action determination for the release when subsurface water does not meet the definition of "subsurface water" in 20.6.2.7 NMAC or is unprotected pursuant to Subsection A of 20.6.2.3101 NMAC, if NAPL and contaminant saturated soil have been adequately remediated in accordance with this part and any other conditions which threatened public health, safety and welfare or the environment have been adequately mitigated.
E. Upon completion of an assessment by the department that a site qualifies for a no further action determination, the department shall issue a no further action determination letter.
F. Any of the following may result in a reversal of a no further action determination: