New Mexico Administrative Code
Title 20 - ENVIRONMENTAL PROTECTION
Chapter 6 - WATER QUALITY
Part 3 - VOLUNTARY REMEDIATION
Section 20.6.3.500 - CERTIFICATE OF COMPLETION
Universal Citation: 20 NM Admin Code 20.6.3.500
Current through Register Vol. 35, No. 6, March 26, 2024
A. Applicability:
(1) If the participant files
with the department a signed Affidavit of Completion of Voluntary Remediation,
and the secretary determines that a participant has successfully complied with
the voluntary remediation agreement and the site conditions meet the applicable
standards, the secretary shall issue the participant a certificate of
completion.
(2) For voluntary
remediation activities completed on a portion of a site, the certificate of
completion shall pertain only to that specific portion of the site, and shall
include a legal description of that area.
(3) If the remediation requires
post-completion monitoring, maintenance of engineering controls, remediation
systems, post-closure care, or an affirmation of future non-residential land
use, and the participant is satisfactorily implementing these requirements, the
secretary may issue a conditional certificate of completion. To keep a
conditional certificate of completion valid, the participant must
satisfactorily continue to implement and maintain the necessary monitoring,
engineering controls, remediation systems, post-closure care, and affirmation
of future non-residential land use upon which the final remedy is
dependent.
B. Process:
(1) The participant shall demonstrate to the
secretary that site conditions meet the applicable standards by submitting a
voluntary remediation completion report to the department. The report shall
include, as appropriate:
(a) a summary of
remediation activities conducted at the site;
(b) sampling methods and results of
verification sampling or monitoring that indicates that remediation is
complete;
(c) the method used to
evaluate potential risks posed by site-related contaminants that successfully
demonstrates that the performance standard has been met, as described in
Subpart I, Section 110 of this Part [20.6.3.10 NMAC];
(d) a description of all monitoring,
affirmation of future non-residential land use, or engineering controls upon
which the final remedy is dependent;
(e) copies of all manifests, waste disposal
records, or other documentation documenting the final disposition of all
remediation-derived waste; and
(f)
any other pertinent information requested by the department that is reasonably
necessary to meet the requirements of these regulations.
(2) The report shall be submitted to the
department with a signed Affidavit of Completion of Voluntary Remediation from
the participant and legal description of the affected property that indicates
that remediation is complete, in accordance with the voluntary remediation
agreement and applicable regulations and guidance.
(3) No certificate of completion shall be
issued to a participant who has not paid invoiced oversight costs in full to
the department.
(4) The department
shall review and determine the sufficiency of a completion report within
forty-five (45) days of receipt. If the secretary approves the completion
report, the secretary will issue a certificate of completion or a conditional
certificate of completion, as appropriate. If the secretary does not approve
the completion report, the secretary shall either issue a finding that the
participant is not in compliance with the voluntary remediation agreement and
terminate the agreement, or advise the participant in writing of data gaps in
the report. The participant shall correct any identified data gaps and resubmit
the completion report within thirty (30) calendar days of receipt of notice of
the data gaps.
(5) If a conditional
certificate of completion has been issued, the department shall conduct audits
to ensure that all engineering controls, remediation systems, post-closure
care, or affirmation of future non-residential land use upon which the final
remedy is dependent are being maintained appropriately. These audits shall be
performed at least every other year for the first ten (10) years following the
issuance of the conditional certificate of completion, and every five (5) years
thereafter. If during the course of such an audit, the department finds that
any of the monitoring requirements, engineering controls, remediation systems,
post-closure care, or affirmation of future non-residential land use are not
being properly maintained such that the performance standard described in
Subpart I, Section 110 of this Part [20.6.3.10 NMAC] is no longer being met,
the department may revoke the conditional certificate of completion and
initiate an enforcement action.
Disclaimer: These regulations may not be the most recent version. New Mexico may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
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