Current through Register Vol. 35, No. 6, March 26, 2024
A.
Except as provided for in Section
20.6.2.4105
NMAC, a responsible person shall, within sixty (60) days of receipt of written
notice from the secretary that an abatement plan is required, submit an
abatement plan proposal to the secretary for approval. For good cause shown,
the secretary may allow for a total of one hundred and twenty (120) days to
prepare and submit the abatement plan proposal.
B.
Voluntary Abatement:
(1) Any person wishing to abate water
pollution in excess of the standards and requirements set forth in Section
20.6.2.4103
NMAC may submit a Stage 1 abatement plan proposal to the secretary for
approval. Following approval by the secretary of a final site investigation
report prepared pursuant to Stage 1 of an abatement plan, any person may submit
a Stage 2 abatement plan proposal to the secretary for approval.
(2) Following approval of a Stage 1 or Stage
2 abatement plan proposal under Paragraph (1) of Subsection B of this Section,
the person submitting the approved plan shall be a responsible person under
Sections
20.6.2.4000
through
20.6.2.4115
NMAC for the purpose of performing the approved Stage 1 or Stage 2 abatement
plan. Nothing in this Section shall preclude the secretary from applying
Paragraph (9) of Subsection A of Section
20.6.2.1203
NMAC to a responsible person if applicable.
C.
Stage 1 Abatement Plan: The
purpose of Stage 1 of the abatement plan shall be to design and conduct a site
investigation that will adequately define site conditions, and provide the data
necessary to select and design an effective abatement option. Stage 1 of the
abatement plan may include, but not necessarily be limited to, the following
information depending on the media affected, and as reasonably needed to select
and implement an expeditious abatement option:
(1) Descriptions of the site, including a
site map, and of site history including the nature of the discharge that caused
the water pollution, and a summary of previous investigations;
(2) Site investigation workplan to define:
(a) site geology and hydrogeology, the
vertical and horizontal extent and magnitude of vadose-zone and ground water
contamination, subsurface hydraulic parameters including hydraulic
conductivity, transmissivity, storativity, and rate and direction of
contaminant migration, inventory of water wells inside and within one (1) mile
from the perimeter of the three-dimensional body where the standards set forth
in Subsection B of Section
20.6.2.4103
NMAC are exceeded, and location and number of such wells actually or
potentially affected by the pollution; and
(b) surface water hydrology, seasonal stream
flow characteristics, ground water/surface water relationships, the vertical
and horizontal extent and magnitude of contamination and impacts to surface
water and stream sediments. The magnitude of contamination and impacts on
surface water may be, in part, defined by conducting a biological assessment of
fish, benthic macroinvertebrates and other wildlife populations. Seasonal
variations should be accounted for when conducting these assessments.
(3) Monitoring program, including
sampling stations and frequencies, for the duration of the abatement plan that
may be modified, after approval by the secretary, as additional sampling
stations are created;
(4) Quality
assurance plan, consistent with the sampling and analytical techniques listed
in Subsection B of Section
20.6.2.3107
NMAC and with Section
20.6.4.10
NMAC of the Water Quality Standards for Interstate and Intrastate Streams in
New Mexico (20.6.4 NMAC), for all work to be conducted pursuant to the
abatement plan;
(5) Site health and
safety plan for all work to be performed pursuant to the abatement
plan;
(6) A schedule for all Stage
1 abatement plan activities, including the submission of summary quarterly
progress reports, and the submission, for approval by the secretary, of a
detailed final site investigation report; and
(7) Any additional information that may
reasonably be required to design and perform an adequate site
investigation.
D.
Stage 2 Abatement Plan: Any responsible person shall submit a
Stage 2 abatement plan proposal to the secretary for approval within sixty (60)
days after approval by the secretary of the final site investigation report
prepared pursuant to Stage 1 of the abatement plan. The secretary may grant
approval for an extension of time to submit a State 2 abatement plan for good
cause shown.
E. The purpose of
Stage 2 of the abatement plan shall be to select and design, if necessary, an
abatement option that, when implemented, will result in attainment of the
abatement standards and requirements set forth in Section
20.6.2.4103
NMAC, including post-closure maintenance activities. Stage 2 of the abatement
plan should include, at a minimum, the following information:
(1) Brief description of the current
situation at the site;
(2)
Development and assessment of abatement options;
(3) Description, justification and design, if
necessary, of preferred abatement option;
(4) Modification, if necessary, of the
monitoring program approved pursuant to Stage 1 of the abatement plan,
including the designation of pre and post abatement-completion sampling
stations and sampling frequencies to be used to demonstrate compliance with the
standards and requirements set forth in Section
20.6.2.4103
NMAC;
(5) Site maintenance
activities, if needed, proposed to be performed after termination of abatement
activities;
(6) A schedule for the
duration of abatement activities, including the submission of summary quarterly
progress reports;
(7) A public
notification proposal designed to satisfy the requirements of Subsections B and
C of Sections
20.6.2.4108
and
20.6.2.4108
NMAC; and
(8) Any additional
information that may be reasonably required to select, describe, justify and
design an effective abatement option.
