Current through Register Vol. 35, No. 6, March 26, 2024
A.
Class I wells and Class III wells must meet the requirements of
20.6.2.5000
through 20.6.2.5399 NMAC in addition to other applicable requirements of the
commission regulations. The secretary may also require that some Class IV and
Class V wells comply with the requirements for Class I wells in
20.6.2.5000
through 20.6.2.5399 NMAC if the secretary determines that the additional
requirements are necessary to prevent the movement of water contaminants from a
specified injection zone into ground water having 10,000 mg/l or less TDS. No
Class I well or Class III well may be approved which allows for movement of
fluids into ground water having 10,000 mg/l or less TDS except for fluid
movement approved pursuant to
20.6.2.5103
NMAC, or pursuant to a temporary designation as provided in Paragraph (2) of
Subsection C of
20.6.2.5101
NMAC.
B. Operation of a Class I
well or Class III well must be pursuant to a discharge permit meeting the
requirements of
20.6.2.3000
through 20.6.2.3999 NMAC and
20.6.2.5000
through 20.6.2.5399 NMAC.
C.
Discharge permits for Class I wells, or Class III wells affecting ground water
of 10,000 mg/l or less TDS submitted for secretary approval shall:
(1) receive an aquifer designation if
required in
20.6.2.5103
NMAC prior to discharge permit issuance; or
(2) for Class III wells only, address the
methods or techniques to be used to restore ground water so that upon final
termination of operations including restoration efforts, ground water at any
place of withdrawal for present or reasonably foreseeable future use will not
contain either concentrations in excess of the standards of
20.6.2.3103
NMAC or any toxic pollutant; issuance of a discharge permit or project
discharge permit for Class III wells that provides for restoration of ground
water in accordance with the requirements of this subsection shall substitute
for the aquifer designation provisions of
20.6.2.5103
NMAC; the approval shall constitute a temporary aquifer designation for a
mineral bearing or producing aquifer, or portion thereof, to allow injection as
provided for in the discharge permit; such temporary designation shall expire
upon final termination of operations including restoration efforts.
D. The exemptions from the
discharge permit requirement listed in
20.6.2.3105
NMAC do not apply to underground injection control wells except as provided
below:
(1) wells regulated by the energy
conservation management division of the energy, minerals and natural resources
department under the "Geothermal Resources Development Act";
(2) wells regulated by the mining and
minerals division of the energy, minerals and natural resources department
under the "Surface Mining Act";
(3)
wells for the disposal of effluent from systems which are regulated under the
"Liquid Waste Disposal and Treatment" regulations (20.7.3 NMAC) adopted by the
environmental improvement board under the "Environmental Improvement
Act".
E. Project permits
for Class III wells.
(1) The secretary may
consider a project discharge permit for Class III wells, if the wells are:
(a) within the same well field, facility site
or similar unit;
(b) within the
same aquifer and ore deposit;
(c)
of similar construction;
(d) of the
same purpose; and
(e) operated by a
single owner or operator.
(2) A project discharge permit does not allow
the discharger to commence injection in any individual operational area until
the secretary approves an application for injection in that operational area
(operational area approval).
(3) A
project discharge permit shall:
(a) specify
the approximate locations and number of wells for which operational area
approvals are or will be sought with approximate time frames for operation and
restoration (if restoration is required) of each area; and
(b) provide the information required under
the following sections of this part, except for such additional site-specific
information as needed to evaluate applications for individual operational area
approvals: Subsection C of 20.6.2.3106, 20.6.2.3107, 20.6.2.5204 through
20.6.2.5209, and Subsection B of
20.6.2.5210
NMAC.
(4) Applications
for individual operational area approval shall include the following:
(a) site-specific information demonstrating
that the requirements of this part are met; and
(b) information required under
20.6.2.5202
through
20.6.2.5210
NMAC and not previously provided pursuant to Subparagraph (b) of Paragraph (3)
of Subsection E of this section.
(5) Applications for project discharge
permits and for operational area approval shall be processed in accordance with
the same procedures provided for discharge permits under
20.6.2.3000
through
20.6.2.3114 NMAC,
allowing for public notice on the project discharge permit and on each
application for operational area approval pursuant to
20.6.2.3108
NMAC with opportunity for public hearing prior to approval or
disapproval.
(6) The discharger
shall comply with additional requirements that may be imposed by the secretary
pursuant to this part on wells in each new operational area.
F. If the holder of a discharge
permit for a Class I well, or Class III well submits an application for
discharge permit renewal at least 120 days before discharge permit expiration,
and the discharger is in compliance with his discharge permit on the date of
its expiration, then the existing discharge permit for the same activity shall
not expire until the application for renewal has been approved or disapproved.
An application for discharge permit renewal must include and adequately address
all of the information necessary for evaluation of a new discharge permit.
Previously submitted materials may be included by reference provided they are
current, readily available to the secretary and sufficiently identified to be
retrieved.
G. Discharge permit
signatory requirements: No discharge permit for a Class I well or Class III
well may be issued unless:
(1) the application
for a discharge permit has been signed as follows:
(a) for a corporation: by a principal
executive officer of at least the level of vice-president, or a representative
who performs similar policy-making functions for the corporation who has
authority to sign for the corporation; or
(b) for a partnership or sole proprietorship:
by a general partner or the proprietor, respectively; or
(c) for a municipality, state, federal, or
other public agency: by either a principal executive officer who has authority
to sign for the agency, or a ranking elected official; and
(2) all reports required by Class I hazardous
waste injection well permits and other information requested by the director
pursuant to a Class I hazardous waste injection well permit shall be signed by
a person described in Paragraph (1) of this subsection, or by a duly authorized
representative of that person; a person is a duly authorized representative
only if:
(a) the authorization is made in
writing by a person described in Paragraph (1) of this subsection;
(b) the authorization specifies either an
individual or a position having responsibility for the overall operation of the
regulated facility or activity, such as the position of plant manager, operator
of a well or a well field, superintendent, or position of equivalent
responsibility; (a duly authorized representative may thus be either a named
individual or any individual occupying a named position); and
(c) the written authorization is submitted to
the director.
(3)
Changes to authorization. If an authorization under Paragraph
(2) of this subsection is no longer accurate because a different individual or
position has responsibility for the overall operation of the facility, a new
authorization satisfying the requirements of Paragraph (2) of this subsection
must be submitted to the director prior to or together with any reports,
information, or applications to be signed by an authorized
representative.
(4) The signature
on an application, report or other information requested by the director must
be directly preceded by the following certification: "I certify under penalty
of law that I have personally examined and am familiar with the information
submitted in this document and all attachments and that, based on my inquiry of
those individuals immediately responsible for obtaining the information, I
believe that the information is true, accurate, and complete. I am aware that
there are significant penalties for submitting false information including the
possibility of fine and imprisonment."
H. Transfer of Class I non-hazardous waste
injection well and Class III well discharge permits.
(1) The transfer provisions of
20.6.2.3111
NMAC do not apply to a discharge permit for a Class I non-hazardous waste
injection well or Class III well.
(2) A Class I non-hazardous waste injection
well or Class III well discharge permit may be transferred if:
(a) the secretary receives written notice 30
days prior to the transfer date; and
(b) the secretary does not object prior to
the proposed transfer date; the secretary may require modification of the
discharge permit as a condition of transfer, and may require demonstration of
adequate financial responsibility.
(3) The written notice required by
Subparagraph (a) of Paragraph (2) of Subsection H above shall:
(a) have been signed by the discharger and
the succeeding discharger, including an acknowledgement that the succeeding
discharger shall be responsible for compliance with the discharge permit upon
taking possession of the facility; and
(b) set a specific date for transfer of
discharge permit responsibility, coverage and liability; and
(c) include information relating to the
succeeding discharger's financial responsibility required by Paragraph (17) of
Subsection B of
20.6.2.5210
NMAC.
I.
Modification or termination of a discharge permit for a Class I well or Class
III well: If data submitted pursuant to any monitoring requirements specified
in the discharge permit or other information available to the secretary
indicate that this part are being or may be violated, the secretary may require
modification or, if it is determined by the secretary that the modification may
not be adequate, may terminate a discharge permit for a Class I well, or Class
III well or well field, that was approved pursuant to the requirements of this
under
20.6.2.5000
through 20.6.2.5399 NMAC for the following causes:
(1) noncompliance by the discharger with any
condition of the discharge permit; or
(2) the discharger's failure in the discharge
permit application or during the discharge permit review process to disclose
fully all relevant facts, or the discharger's misrepresentation of any relevant
facts at any time; or
(3) a
determination that the permitted activity may cause a hazard to public health
or undue risk to property and can only be regulated to acceptable levels by
discharge permit modification or termination.
