TITLE 19 NATURAL
RESOURCES AND WILDLIFE
CHAPTER
15 OIL AND GAS
PART 36 SURFACE WASTE MANAGEMENT
FACILITIES
19.15.36.1 ISSUING
AGENCY: Energy, Minerals and Natural Resources Department, Oil Conservation
Division.
[19.15.36.1 NMAC - N,
2/14/2007; A, 12/1/08]
19.15.36.2 SCOPE: 19.15.36 NMAC applies to persons or entities that own or
operate surface waste management facilities as defined in Subsection S of
19.15.1.7 NMAC.
[19.15.36.2 NMAC -
N, 2/14/2007; A, 12/1/08]
19.15.36.3 STATUTORY
AUTHORITY: 19.15.36 NMAC is adopted pursuant to the Oil and Gas Act, NMSA 1978, Section
70-2-6, Section 70-2-11 and Section 70-2-12, which grants the division jurisdiction and authority over the
disposition of wastes resulting from oil and gas operations.
[19.15.36.3 NMAC -
N, 2/14/2007; A, 12/1/08]
19.15.36.4 DURATION: Permanent.
[19.15.36.4 NMAC -
N, 2/14/2007]
19.15.36.5 EFFECTIVE DATE: February
14, 2007, unless a later date is cited
at the end of a section.
[19.15.36.5 NMAC -
N, 2/14/2007; A, 12/1/08]
19.15.36.6 OBJECTIVE: To regulate the
disposal of oil field waste and the construction, operation and closure of
surface waste management facilities.
[19.15.36.6 NMAC -
N, 2/14/2007]
19.15.36.7 DEFINITIONS:
A. Definitions relating to types of surface waste management
facilities.
(1) “Centralized facility” means a surface waste management facility:
(a) that is
used exclusively by one generator subject to New Mexico’s Oil and Gas
Conservation Tax Act, NMSA 1978, Section 7-30-1, as amended;
(b) where the
generator or operator does not receive compensation for oil field waste
management at that facility; and
(c) receives
exclusively oil field wastes that are generated from production units or leases
the generator, or an affiliate of the generator, operates (for this provision’s
purposes, an affiliate of a generator is a person who controls, is controlled
by or is under common control with the generator).
(2) “Commercial facility” means a surface waste management facility that is
not a centralized facility.
(3) “Landfarm” means a discrete area of land designated and used
for the remediation of petroleum hydrocarbon-contaminated soils and drill
cuttings.
(4) “Landfill” means a discrete area of land or an excavation
designed for permanent disposal of exempt or non-hazardous waste.
(5) “Small landfarm” means a centralized landfarm of two acres or less
that has a total capacity of 2000 cubic yards or less in a single lift of eight
inches or less, remains active for a maximum of three years from the date of
its registration and that receives only petroleum hydrocarbon-contaminated
soils (excluding drill cuttings) that are exempt or non-hazardous waste.
B. Other definitions.
(1) “Active portion” means that part of a surface waste management
facility that has received or is receiving oil field waste and has not been
closed.
(2) “Cell” means a confined area engineered for the disposal or treatment of oil field
waste.
(3) “Composite liner” means a liner that may consist of multiple layers
of geosynthetics and low-permeability soils.
The different layers of a composite liner may have different material
properties and may be applied at different stages of landfill liner
installation.
(4) “Geosynthetic” means the general classification of synthetic
materials used in geotechnical applications, including the following
classifications:
(a) “geocomposite” means a manufactured material using geotextiles,
geogrids or geomembranes, or combinations thereof, in a laminated or composite
form;
(b) “geogrid” means a deformed or non-deformed, netlike
polymeric material used to provide reinforcement to soil slopes;
(c) “geomembrane” means an impermeable polymeric sheet material that
is impervious to liquid and gas as long as it maintains its integrity, and is
used as an integral part of an engineered structure designed to limit the
movement of liquid or gas in a system;
(d) “geonet” means a type of geogrid that allows planar flow of
liquids and serves as a drainage system;
(e) “geosynthetic
clay liner (GCL)” means a
relatively thin layer of processed clay (typically bentonite) that is either
bonded to a geomembrane or fixed between two sheets of geotextile; and
(f) “geotextile” means a sheet material that is less impervious to
liquid than a geomembrane but more resistant to penetration damage, and is used
as part of an engineered structure or system to serve as a filter to prevent
the movement of soil fines into a drainage system, to provide planar flow for
drainage, to serve as a cushion to protect geomembranes or to provide
structural support.
(5) “Leachate” means the liquid that has passed through or emerged from
oil field waste and contains soluble, suspended or miscible materials.
(6) “Landfarm cell” means a bermed area of 10 acres or less within a
landfarm.
(7) “Landfarm lift” means an accumulation of soil or drill cuttings
predominately contaminated by petroleum hydrocarbons that is placed into a
landfarm cell for treatment.
(8) “Lower explosive limit” means the lowest percent by volume of a mixture of
explosive gases in air that will propagate a flame at 77 degrees fahrenheit and atmospheric pressure.
(9) “Major modification” means a modification of a surface waste management
facility that involves an increase in the land area that the permitted surface
waste management facility occupies; a change in the design capacity or nature
of the permitted oil field waste stream; addition of a new treatment process;
an exception to, waiver of or change to a numerical standard provided in
19.15.36 NMAC; or other modification that the division determines is
sufficiently substantial that public notice and public participation in the
application process are appropriate.
(10) “Minor modification” means a modification of a surface waste management
facility that is not a major modification.
(11) “Operator” means the operator of a surface
waste management facility.
(12) “Poor foundation conditions” are features
that indicate that a natural or human-induced event may result in inadequate
foundational support for a surface waste management facility’s structural components.
(13) “Run-off” means rainwater, leachate or other liquid that
drains over land from any part of a surface waste management facility.
(14)
“Structural components of a landfill” are liners, leachate collection
and removal systems, final covers, run-on/run-off systems and other components
used in a landfill’s construction or operation that are necessary for
protection of fresh water, public health, safety or the environment.
[19.15.36.7 NMAC -
Rp, 19.15.9.711 NMAC, 2/14/2007; A, 12/1/08]
19.15.36.8 SURFACE WASTE MANAGEMENT FACILITY
PERMITS AND APPLICATION REQUIREMENTS:
A. Permit
required. No person shall operate a
surface waste management facility (other than a small landfarm registered
pursuant to Paragraph (1) of Subsection A of 19.15.36.16 NMAC) except pursuant
to and in accordance with the terms and conditions of a division-issued surface
waste management facility permit.
B. Permitting requirements.
Except for small landfarms registered pursuant to Paragraph (1) of
Subsection A of 19.15.36.16 NMAC, new commercial or centralized facilities
prior to commencement of construction, and existing commercial or centralized
facilities prior to modification or permit renewal, shall be permitted by the
division in accordance with the applicable requirements of Subsection C of
19.15.36.8 NMAC and 19.15.36.11
NMAC.
C. Application requirements for new facilities, major
modifications and permit renewals. An
applicant or operator shall file an application, form C-137,
for a permit for a new surface waste management facility, to modify an existing
surface waste management facility or for permit renewal with the environmental
bureau in the division’s Santa Fe office.
The application shall include:
(1) the names and
addresses of the applicant and principal officers and owners of 25 percent or
more of the applicant;
(2) a plat and topographic map showing the
surface waste management facility’s location in relation to governmental
surveys (quarter-quarter section, township and range); highways or roads giving
access to the surface waste management facility site; watercourses; fresh water
sources, including wells and springs; and inhabited buildings within one mile
of the site’s perimeter;
(3) the names and addresses of the surface
owners of the real property on which the surface waste management facility is
sited and surface owners of the real property within one mile of the site’s
perimeter;
(4) a description of the surface waste
management facility with a diagram indicating the location of fences and cattle
guards, and detailed construction/installation diagrams of pits, liners, dikes,
piping, sprayers, tanks, roads, fences, gates, berms, pipelines crossing the
surface waste management facility, buildings and chemical storage areas;
(5) engineering designs, certified by a
registered professional engineer, including technical data on the design
elements of each applicable treatment, remediation and disposal method and
detailed designs of surface impoundments;
(6) a plan for management of approved oil field wastes that complies with the applicable requirements contained in 19.15.36.13 NMAC, 1915.36.14 NMAC, 19.15.36.15 NMAC and 19.15.36.17 NMAC;
(7) an inspection and
maintenance plan that complies with the requirements contained in Subsection L
of 19.15.36.13 NMAC;
(8) a hydrogen sulfide
prevention and contingency plan that complies with those provisions of 19.15.11
NMAC that apply to surface waste
management facilities;
(9) a closure and post closure plan, including
a responsible third party contractor’s cost estimate, sufficient to close the
surface waste management facility in a manner that will protect fresh water,
public health, safety and the environment (the closure and post closure plan
shall comply with the requirements contained in Subsection D of 19.15.36.18
NMAC);
(10)
a contingency plan that complies with the
requirements of Subsection N of 19.15.36.13 NMAC and with NMSA 1978, Sections
12-12-1 through 12-12-30, as amended;
(11) a plan to control
run-on water onto the site and run-off water from the site that complies with
the requirements of Subsection M of 19.15.36.13 NMAC;
(12) in the case of an application to permit a
new or expanded landfill, a leachate management plan that describes the
anticipated amount of leachate that will be generated and the leachate’s
handling, storage, treatment and disposal, including final post closure
options;
(13) in the case of an
application to permit a new or expanded landfill, a gas safety management plan
that complies with the requirements of Subsection O of 19.15.36.13 NMAC;
(14) a best management
practice plan to ensure protection of fresh water, public health, safety and
the environment;
(15) geological/hydrological data including:
(a) a map showing
names and location of streams, springs or other watercourses, and water wells
within one mile of the site;
(b) laboratory analyses, performed by an
independent commercial laboratory, for major cations and anions; BTEX; RCRA metals; and TDS of ground water samples of the shallowest
fresh water aquifer beneath the proposed site;
(c) depth to, formation name, type and thickness of the
shallowest fresh water aquifer;
(d) soil types
beneath the proposed surface waste management facility, including a lithologic
description of soil and rock members from ground surface down to the top of the
shallowest fresh water aquifer;
(e) geologic
cross-sections;
(f) potentiometric
maps for the shallowest fresh water aquifer; and
(g) porosity,
permeability, conductivity, compaction ratios and swelling characteristics for
the sediments on which the contaminated soils will be placed;
(16) certification by the applicant that
information submitted in the application is true, accurate and complete to the
best of the applicant’s knowledge, after reasonable inquiry; and
(17) other information that the division may
require to demonstrate that the surface waste management facility’s operation
will not adversely impact fresh water, public health, safety or the environment
and that the surface waste management facility will comply with division rules
and orders.
D. Application requirements for minor modifications. An existing surface waste management facility
applying for a minor modification shall file a form C-137 with the
environmental bureau in the division’s Santa Fe office describing the proposed
change and identifying information that has changed from its last C-137 filing.
E. Determination that an application is administratively
complete. Upon receipt of an application
for a surface waste management facility permit or modification or renewal of an
existing surface waste management facility permit, the division shall review the
application for administrative completeness.
To be deemed administratively complete, the application shall provide
information required by Subsection C or D (as applicable) of 19.15.36.8 NMAC. The division shall notify the applicant in
writing when it deems the application administratively complete. If the division determines that the
application is not administratively complete, the division shall notify the
applicant of the deficiencies in writing within 30 days after the application’s
receipt and state what additional information is necessary.
[19.15.36.8 NMAC -
Rp, 19.15.9.711 NMAC, 2/14/2007; A, 12/1/08]
19.15.36.9 NOTICE REQUIREMENTS FOR NEW SURFACE WASTE MANAGEMENT FACILITIES, MAJOR
MODIFICATIONS OR RENEWALS AND ISSUANCE OF A TENTATIVE DECISION:
A. Upon receipt of notification of the division’s
determination that the application is administratively complete, the applicant
for a new surface waste management facility permit, permit renewal or major modification
shall give written notice of the application, by certified mail, return receipt
requested, to the surface owners of record within one-half mile of the surface
waste management facility, the county commission of the county where the
surface waste management facility site is located, the appropriate city
officials if the surface waste management facility site is within city limits
or within one-half mile of the city limits, and affected federal, tribal or
pueblo governmental agencies. The notice
shall contain the information in Paragraphs (1) through (4) of Subsection F of
19.15.36.9 NMAC. The division may extend
the distance requirements for notice if the division determines that the
proposed surface waste management facility has the potential to adversely
impact fresh water, public health, safety or the environment at a distance
greater than one-half mile. The
applicant shall furnish proof that it has given the required notices.
B. The division shall distribute notice of its determination
that an application for a new surface waste management facility or for a
renewal or major modification of an existing surface waste management facility
is administratively complete to persons who have requested notification of
division and commission hearing dockets within 30 days following the date that
the division determines the application to be administratively complete.
C. A person wishing to comment on an application prior to
the division’s preliminary consideration of the application may file comments
within 30 days, or as extended by the director, after the later of the date
when the applicant mails the notice required by Subsection A of 19.15.36.9 NMAC
or the date when the division distributes the notice provided in Subsection B
of 19.5.36.9 NMAC.
D. Within 60 days after the end of the public comment period
provided in Subsection C of 19.15.36.9 NMAC, the division shall issue a
tentative decision concerning the application, renewal or modification,
including proposed conditions for approval or reasons for disapproval, as
applicable. The division shall mail
notice of the tentative decision, together with a copy of the decision, by
certified mail, return receipt requested, to the applicant and shall post
notice on the division’s website, together with a copy of the tentative
decision.
E. Within 30 days after receiving the division’s tentative
decision, the applicant shall provide notice of the tentative decision by:
(1) publishing a display ad in English and
Spanish, in a form approved by the division, in a newspaper of general
circulation in this state and in a newspaper of general circulation in the
county where the surface waste management facility is or will be located; the
display ad shall be at least three inches by four inches and shall not be
published in the newspaper’s legal or classified sections;
(2) mailing notice by first class mail or
e-mail to persons, as identified to the applicant by the division, who have
requested notification of applications generally, or of the particular
application, including persons who have filed comments on the particular
application during the initial public comment period, and who have included in
such comments a legible return address or e-mail address; and
(3) mailing notice by first class or e-mail to
affected local, state, federal or tribal governmental agencies, as determined
and identified to the applicant by the division.
F. This notice issued pursuant to Subsection E of
19.15.36.9 NMAC shall include:
(1) the applicant’s
name and address;
(2) the surface waste management facility’s
location, including a street address if available, and sufficient information
to locate the surface waste management facility with reference to surrounding
roads and landmarks;
(3) a brief
description of the proposed surface waste management facility;
(4) the depth to, and
TDS concentration of, the ground water in the shallowest aquifer beneath the
surface waste management facility site;
(5) a statement that
the division’s tentative decision is available on the division’s website, or,
upon request, from the division clerk, including the division clerk’s name,
address and telephone number;
(6) a description of alternatives, exceptions
or waivers that may be under consideration in accordance with Subsection G of
19.15.36.18 NMAC or 19.15.36.19 NMAC;
(7) a statement of
the comment period and of the procedures for requesting a hearing on the
application; and
(8) a brief statement
of the procedures the division shall follow in making a final decision.
[19.15.36.9 NMAC -
Rp, 19.15.9.711 NMAC, 2/14/2007]
19.15.36.10 COMMENTS
AND HEARING ON APPLICATION:
A. A person, whether or not such person has previously
submitted comments, may file comments or request a hearing on the application
by filing their comments or, in accordance with 19.15.4.9 NMAC, a hearing request with the division clerk
within 30 days after the date that the applicant issued public notice of the
division’s tentative decision. A request
for a hearing shall be in writing and shall state specifically the reasons why
a hearing should be held. The division
shall schedule a public hearing on the application if, in addition to the
requirements in 19.15.4.9 NMAC:
(1) the division has
proposed to deny the application or grant it subject to conditions not
expressly required by rule, and the applicant requests a hearing;
(2) the director
determines that there is significant public interest in the application;
(3) the director
determines that comments have raised objections that have probable technical
merit; or
(4) determination of
the application requires that the division make a finding, pursuant to Paragraph
(3) of Subsection F of 19.15.2.7 NMAC,
whether a water source has a present or reasonably foreseeable beneficial use
that contamination would impair.
B. If the division schedules a hearing on an application,
the hearing shall be conducted according to 19.15.14.1206 through 19.15.14.1215
NMAC.
[19.15.36.10 NMAC -
Rp, 19.15.9.711 NMAC, 2/14/2007; A, 12/1/08]
19.15.36.11 FINANCIAL
ASSURANCE REQUIREMENTS:
A. Centralized facilities.
Upon notification by the division that it has approved a permit but
prior to the division issuing the permit, an applicant for a new centralized facility
permit shall submit acceptable financial assurance in the amount of $25,000 per
centralized facility, or a statewide “blanket” financial assurance in the
amount of $50,000 to cover all of that applicant’s centralized facilities,
unless such applicant has previously posted a blanket financial assurance for
centralized facilities.
B. New commercial facilities or major modifications of
existing commercial facilities. Upon
notification by the division that it has approved a permit for a new commercial
facility or a major modification of an existing commercial facility but prior
to the division issuing the permit, the applicant shall submit acceptable
financial assurance in the amount of the commercial facility’s estimated
closure and post closure cost, or $25,000, whichever is greater. The commercial facility’s estimated closure
and post closure cost shall be the amount provided in the closure plan the
applicant submitted unless the division determines that such estimate does not
reflect a reasonable and probable closure and post closure cost, in which
event, the division shall determine the estimated closure and post closure cost
and shall include such determination in its tentative decision. If the applicant disagrees with the
division’s determination of estimated closure and post closure cost, the
applicant may request a hearing as provided in 19.15.36.10 NMAC. If the applicant so requests, and no other
person files a request for a hearing regarding the application, the hearing
shall be limited to determination of estimated closure and post closure cost.
C. Terms of financial assurance. The financial assurance shall be on
division-prescribed forms, payable to the state of New Mexico and conditioned
upon the surface waste management facility’s proper operation, site closure and
post closure monitoring in compliance with state of New Mexico statutes,
division rules and the surface waste management facility permit terms. The applicant shall notify the division of a
material change affecting the financial assurance within 30 days of discovery
of such change.
D. Forfeiture of financial assurance. The division shall give the operator 20 days
notice and an opportunity for a hearing prior to forfeiting financial
assurance.
E. Forms of financial assurance. The division may accept the following forms
of financial assurance.
(1) Surety bonds. A surety bond shall be executed by the
applicant and by a corporate surety licensed to do business in the state, and
shall be non-cancelable.
(2) Letters of credit. A letter of credit shall be issued by a bank
organized or authorized to do commercial banking business in the United States,
shall be irrevocable for a term of not less than five years and shall provide
for automatic renewal for successive, like terms upon expiration, unless the
issuer has notified the division in writing of non-renewal at least 90 days
before its expiration date. The letter of
credit shall be payable to the state of New Mexico in part or in full upon
receipt from the director or the director’s authorized representative of demand
for payment accompanied by a notice of forfeiture.
(3) Cash accounts. An applicant may provide financial assurance
in the form of a federally insured or equivalently protected cash account or
accounts in a financial institution, provided that the operator and the
financial institution shall execute as to each such account a collateral
assignment of the account to the division, which shall provide that only the
division may authorize withdrawals from the account. In the event of forfeiture pursuant to
Subsection C of 19.15.36.18 NMAC, the division may, at any time and from time to
time, direct payment of all or part of the balance of such account (excluding
interest accrued on the account) to itself or its designee for the surface
waste management facility’s closure.
F. Replacement of financial assurance.
(1) The division may allow an operator to
replace existing forms of financial assurance with other forms of financial
assurance that provide equivalent coverage.
(2) The division shall not release existing
financial assurance until the operator has submitted, and the division has
approved, an acceptable replacement.
G. Review of adequacy of financial assurance. The division may at any time not less than
five years after initial acceptance of financial assurance for a commercial
facility, or whenever the operator applies for a major modification of the
commercial facility’s permit, initiate a review of such financial assurance’s
adequacy. Additionally, whenever the
division determines that a landfarm operator has not achieved the closure
standards specified in Paragraph (3) of Subsection G of 19.15.36.15 NMAC, the
division may review the adequacy of the landfarm operator’s financial
assurance, without regard to the date of its last review. Upon determination, after notice to the operator
and an opportunity for a hearing, that the financial assurance is not adequate
to cover the reasonable and probable cost of a commercial facility’s closure
and post closure monitoring, the division may require the operator to furnish
additional financial assurance sufficient to cover such reasonable and probable
cost, provided that the financial assurance required of a commercial facility
permitted prior to the effective date of 19.15.36 NMAC shall not exceed
$250,000 except in the event of a major modification of the commercial facility.
If such a commercial facility applies
for a major modification, the division shall determine the applicable financial
assurance requirement based on the total estimated closure and post closure
cost of the commercial facility as modified, without regard to the $250,000
limit.
[19.15.36.11 NMAC -
Rp, 19.15.9.711 NMAC, 2/14/2007]
19.15.36.12 PERMIT
APPROVAL, DENIAL, REVOCATION, SUSPENSION, MODIFICATION OR TRANSFER:
A. Granting of permit.
(1) The division may issue a permit for an new
surface waste management facility or major modification upon finding that an
acceptable application has been filed, that the conditions of 19.15.36.9 NMAC and 19.15.36.11 NMAC have been met and that
the surface waste management facility or modification can be constructed and
operated in compliance with applicable statutes and rules and without
endangering fresh water, public health, safety or the environment.
(2) Each permit the division issues for a new
surface waste management facility shall remain in effect for 10 years from the
date of its issuance. If the division
grants a permit for a major modification of a surface waste management
facility, the permit for that surface waste management facility shall remain in
effect for 10 years from the date the division approves the major modification.
(a) A surface waste management facility permit
may be renewed for successive 10-year terms.
If the holder of a surface waste management facility permit submits an
application for permit renewal at least 120 days before the surface waste
management facility permit expires, and the operator is not in violation of the
surface waste management facility permit on the date of its expiration, then
the existing surface waste management facility permit for the same activity
shall not expire until the division has approved or denied an application for
renewal. If the division has not
notified the operator of a violation, if the operator is diligently pursuing
procedures to contest a violation or if the operator and the division have
signed an agreed compliance order providing for remedying the violation, then
the surface waste management facility permit shall continue in effect as above
provided notwithstanding the surface waste management facility permit
violation’s existence. A surface waste
management facility permit continued under this provision remains fully
effective and enforceable.
(b) An application for permit renewal shall include
and adequately address the information necessary for evaluation of a new
surface waste management facility permit as provided in Subsection C of
19.15.36.8 NMAC. Previously submitted
materials may be included by reference provided they are current, readily
available to the division and sufficiently identified so that the division may
retrieve them.
(c) The operator shall give public notice of
the renewal application in the manner prescribed by 19.15.36.9 NMAC. The division shall grant an application for
renewal if the division finds that an acceptable application has been filed,
that the conditions of 19.15.36.9 NMAC and 19.15.36.11 NMAC have been met and that the surface waste
management facility can be operated in compliance with applicable statutes and
rules and without endangering fresh water, public health, safety or the
environment.
(3) The division shall review each surface
waste management facility permit at least once during the 10-year term, and
shall review surface waste management facility permits to which Paragraph (2)
of Subsection A of 19.15.36.12 NMAC does not apply at least every five
years. The review shall address the
operation, compliance history, financial assurance and technical requirements
for the surface waste management facility.
The division, after notice to the operator and an opportunity for a
hearing, may require appropriate modifications of the surface waste management
facility permit, including modifications necessary to make the surface waste
management facility permit terms and conditions consistent with statutes, rules
or judicial decisions.
B. Denial of permit.
The division may deny an application for a surface waste management
facility permit or modification of a surface waste management facility permit
if it finds that the proposed surface waste management facility or modification
may be detrimental to fresh water, public health, safety or the
environment. The division may also deny
an application for a surface waste management facility permit if the applicant,
an owner of 25 percent or greater interest in the applicant or an affiliate of
the applicant has a history of failure to comply with division rules and orders
or state or federal environmental laws; is subject to a division or commission
order, issued after notice and hearing, finding such entity to be in violation
of an order requiring corrective action; or has a penalty assessment for
violation of division or commission rules or orders that is unpaid more than 70
days after issuance of the order assessing the penalty. An affiliate of an applicant, for purposes of
Subsection B of 19.15.36.12 NMAC, shall be a person who controls, is controlled
by or under is common control with the applicant or a 25 percent or greater
owner of the applicant.
C. Additional requirements.
The division may impose conditions or requirements, in addition to the
operational requirements set forth in 19.15.36 NMAC, that
it determines are necessary and proper for the protection of fresh water,
public health, safety or the environment.
The division shall incorporate such additional conditions or
requirements into the surface waste management facility permit.
D. Revocation, suspension or modification of a permit. The division may revoke, suspend or impose
additional operating conditions or limitations on a surface waste management
facility permit at any time, for good cause, after notice to the operator and
an opportunity for a hearing. The
division may suspend a surface waste management facility permit or impose
additional conditions or limitations in an emergency to forestall an imminent
threat to fresh water, public health, safety or the environment, subject to the
provisions of NMSA 1978, Section 70-2-23, as amended. If the division initiates a major
modification it shall provide notice in accordance with 19.15.36.9 NMAC. Suspension of a surface waste management
facility permit may be for a fixed period of time or until the operator
remedies the violation or potential violation.
If the division suspends a surface waste management facility’s permit,
the surface waste management facility shall not accept oil field waste during
the suspension period.
E. Transfer of a permit.
The operator shall not transfer a permit without the division’s prior
written approval. A request for transfer
of a permit shall identify officers, directors and owners of 25 percent or
greater in the transferee. Unless the
director otherwise orders, public notice or hearing are not required for the transfer
request’s approval. If the division
denies the transfer request, it shall notify the operator and the proposed
transferee of the denial by certified mail, return receipt requested, and
either the operator or the proposed transferee may request a hearing with 10
days after receipt of the notice. Until
the division approves the transfer and the required financial assurance is in
place, the division shall not release the transferor’s financial assurance.
[19.15.36.12 NMAC -
Rp, 19.15.9.711 NMAC, 2/14/2007; A, 12/1/08]
19.15.36.13 SITING
AND OPERATIONAL REQUIREMENTS APPLICABLE TO ALL PERMITTED SURFACE WASTE
MANAGEMENT FACILITIES: Except as otherwise provided in 19.15.36 NMAC.
A. Depth to ground water.
(1) No landfill shall be
located where ground water is less than 100 feet below the lowest elevation of
the design depth at which the operator will place oil field waste.
(2) No landfarm that
accepts soil or drill cuttings with a chloride concentration that exceeds 500
mg/kg shall be located where ground water is less than 100 feet below the
lowest elevation at which the operator will place oil field waste. See Subsection A of 19.15.36.15 NMAC for oil
field waste acceptance criteria.
(3) No landfarm that accepts soil or
drill cuttings with a chloride concentration that is 500 mg/kg or less shall be
located where ground water is less than 50 feet below the lowest elevation at
which the operator will place oil field waste.
(4) No small landfarm shall be located where
ground water is less than 50 feet below the lowest elevation at which the
operator will place oil field waste.
(5) No other surface waste management facility
shall be located where ground water is less than 50 feet below the lowest
elevation at which the operator will place oil field waste.
B. No surface waste management facility shall be located:
(1) within 200 feet
of a watercourse, lakebed, sinkhole or playa lake;
(2) within an
existing wellhead protection area or 100-year floodplain;
(3) within, or within
500 feet of, a wetland;
(4) within the area
overlying a subsurface mine;
(5) within 500 feet
from the nearest permanent residence, school, hospital, institution or church
in existence at the time of initial application; or
(6) within an
unstable area, unless the operator demonstrates that engineering measures have
been incorporated into the surface waste management facility design to ensure
that the surface waste management facility’s integrity will not be compromised.
C. No surface waste management facility shall exceed 500
acres.
D. The operator shall not accept oil field wastes
transported by motor vehicle at the surface waste management facility unless
the transporter has a form C-133, authorization to move liquid waste, approved
by the division.
E. The operator shall not place oil field waste containing
free liquids in a landfill or landfarm cell.
The operator shall use
the paint filter test, as prescribed by the EPA (EPA SW-846, method 9095) to
determine conformance of the oil field waste to this criterion.
F. Surface waste management facilities shall accept only
exempt or non-hazardous waste, except as provided in Paragraph (3) of
Subsection F of 19.15.36.13 NMAC. The
operator shall not accept hazardous waste at a surface waste management
facility. The operator shall not accept
wastes containing NORM at a
surface waste management facility except as provided in 19.15.35 NMAC. The
operator shall require the following documentation for accepting oil field
wastes, and both the operator and the generator shall maintain and make the
documentation available for division inspection.
(1) Exempt oil field wastes. The operator shall require a certification on
form C-138, signed by the generator or the generator’s authorized agent, that represents
and warrants that the oil field wastes are generated from oil and gas
exploration and production operations, are exempt waste and are not mixed with
non-exempt waste. The operator shall
have the option to accept such certifications on a monthly, weekly or per load
basis. The operator shall maintain and
shall make the certificates available for the division’s inspection.
(2) Non-exempt, non-hazardous, oil field
wastes. The operator shall require a
form C-138, oil field waste document, signed by the generator or its authorized
agent. This form shall be accompanied by
acceptable documentation to determine that the oil field waste is
non-hazardous.
(3) Emergency non-oil field wastes. The operator may accept non-hazardous,
non-oil field wastes in an emergency if ordered by the department of public
safety. The operator shall complete a
form C-138, oil field waste document, describing the waste, and maintain the same,
accompanied by the department of public safety order, subject to division
inspection.
G. The operator of a commercial facility shall maintain
records reflecting the generator, the location of origin, the location of
disposal within the commercial facility, the volume and type of oil field
waste, the date of disposal and the hauling company for each load or category
of oil field waste accepted at the commercial facility. The operator shall maintain such records for
a period of not less than five years after the commercial facility’s closure,
subject to division inspection.
H. Disposal at a commercial facility shall occur only when
an attendant is on duty unless loads can be monitored or otherwise isolated for
inspection before disposal. The surface
waste management facility shall be secured to prevent unauthorized disposal.
I. To protect migratory birds, tanks exceeding eight feet
in diameter, and exposed pits and ponds shall be screened, netted or
covered. Upon the operator’s written
application, the division may grant an exception to screening, netting or
covering upon the operator’s showing that an alternative method will protect
migratory birds or that the surface waste management facility is not hazardous
to migratory birds. Surface waste management
facilities shall be fenced in a manner approved by the division.
J. Surface waste management facilities shall have a sign,
readable from a distance of 50 feet and containing the operator’s name; surface
waste management facility permit or order number; surface waste management
facility location by unit letter, section, township and range; and emergency
telephone numbers.
K. The operators
shall comply with the spill reporting and corrective action provisions of 19.15.30
NMAC or 19.15.29 NMAC.
L. Each operator shall have an inspection and maintenance
plan that includes the following:
(1) monthly inspection of leak detection sumps
including sampling if fluids are present with analyses of fluid samples
furnished to the division; and maintenance of records of inspection dates, the
inspector and the leak detection system’s status;
(2) semi-annual inspection and sampling of
monitoring wells as required, with analyses of ground water furnished to the
division; and maintenance of records of inspection dates, the inspector and
ground water monitoring wells’ status; and
(3) inspections of
the berms and the outside walls of pond levees quarterly and after a major
rainfall or windstorm, and maintenance of berms in such a manner as to prevent
erosion.
M. Each operator shall have a plan to control run-on water
onto the site and run-off water from the site, such that:
(1) the run-on and
run-off control system shall prevent flow onto the surface waste management
facility’s active portion during the peak discharge from a 25-year storm; and
(2) run-off from the
surface waste management facility’s active portion shall not be allowed to
discharge a pollutant to the waters of the state or United States that violates
state water quality standards.
N. Contingency plan.
Each operator shall have a contingency plan. The operator shall provide the division’s
environmental bureau with a copy of an amendment to the contingency plan,
including amendments required by Paragraph (8) of Subsection N of 19.15.36.13
NMAC; and promptly notify the division’s environmental bureau of changes in the
emergency coordinator or in the emergency coordinator’s contact information. The contingency plan shall be designed to
minimize hazards to fresh water, public health, safety or the environment from
fires, explosions or an unplanned sudden or non-sudden release of contaminants
or oil field waste to air, soil, surface water or ground water. The operator shall carry out the plan’s
provisions immediately whenever there is a fire, explosion or release of
contaminants or oil field waste constituents that could threaten fresh water,
public health, safety or the environment; provided that the emergency
coordinator may deviate from the plan as necessary in an emergency
situation. The contingency plan for
emergencies shall:
(1) describe the actions surface waste
management facility personnel shall take in response to fires, explosions or
releases to air, soil, surface water or ground water of contaminants or oil
field waste containing constituents that could threaten fresh water, public
health, safety or the environment;
(2) describe
arrangements with local police departments, fire departments, hospitals,
contractors and state and local emergency response teams to coordinate
emergency services;
(3) list the
emergency coordinator’s name; address; and office, home and mobile phone
numbers (where more than one person is listed, one shall be named as the
primary emergency coordinator);
(4) include a list, which shall be kept
current, of emergency equipment at the surface waste management facility, such
as fire extinguishing systems, spill control equipment, communications and
alarm systems and decontamination equipment, containing a physical description
of each item on the list and a brief outline of its capabilities;
(5) include an evacuation plan for surface
waste management facility personnel that describes signals to be used to begin
evacuation, evacuation routes and alternate evacuation routes in cases where
fire or releases of wastes could block the primary routes;
(6) include an
evaluation of expected contaminants, expected media contaminated and procedures
for investigation, containment and correction or remediation;
(7) list where copies of the contingency plan
will be kept, which shall include the surface waste management facility; local
police departments, fire departments and hospitals; and state and local
emergency response teams;
(8) indicate when the contingency plan will be
amended, which shall be within five working days whenever:
(a) the surface waste
management facility permit is revised or modified;
(b) the plan fails in
an emergency;
(c) the surface waste management facility
changes design, construction, operation, maintenance or other circumstances in
a way that increases the potential for fires, explosions or releases of oil
field waste constituents that could threaten fresh water, public health, safety
or the environment or change the response necessary in an emergency;
(d) the list of
emergency coordinators or their contact information changes; or
(e) the list of
emergency equipment changes;
(9) describe how the
emergency coordinator or the coordinator’s designee, whenever there is an
imminent or actual emergency situation, will immediately;
(a) activate internal
surface waste management facility alarms or communication systems, where
applicable, to notify surface waste management facility personnel; and
(b) notify
appropriate state and local agencies with designated response roles if their
assistance is needed;
(10) describe how the emergency coordinator,
whenever there is a release, fire or explosion, will immediately identify the
character, exact source, amount and extent of released materials (the emergency
coordinator may do this by observation or review of surface waste management
facility records or manifests, and, if necessary, by chemical analysis) and
describe how the emergency coordinator will concurrently assess possible
hazards to fresh water, public health, safety or the environment that may
result from the release, fire or explosion (this assessment shall consider both
the direct and indirect hazard of the release, fire or explosion);
(11) describe how, if the surface waste
management facility stops operations in response to fire, explosion or release,
the emergency coordinator will monitor for leaks, pressure buildup, gas
generation or rupture in valves, pipes or the equipment, wherever this is
appropriate;
(12) describe how the emergency coordinator,
immediately after an emergency, will provide for treating, storing or disposing
of recovered oil field waste, or other material that results from a release,
fire or explosion at a surface waste management facility;
(13) describe how the emergency coordinator
will ensure that no oil field waste, which may be incompatible with the
released material, is treated, stored or disposed of until cleanup procedures
are complete; and
(14) provide that the
emergency coordinator may amend the plan during an emergency as necessary to
protect fresh water, public health, safety or the environment.
O. Gas safety management plan. Each operator of a surface waste management
facility that includes a landfill shall have a gas safety management plan that
describes in detail procedures and methods that will be used to prevent
landfill-generated gases from interfering or conflicting with the landfill’s
operation and protect fresh water, public health, safety and the
environment. The plan shall address
anticipated amounts and types of gases that may be generated, an air monitoring
plan that includes the vadose zone and measuring, sampling, analyzing,
handling, control and processing methods.
The plan shall also include final post closure monitoring and control
options.
P. Training
program. Each operator shall conduct an
annual training program for key personnel that includes
general operations, permit conditions, emergencies proper sampling methods and
identification of exempt and non-exempt waste and hazardous waste. The operator shall maintain records of such
training, subject to division inspection, for five years.
[19.15.36.13 NMAC -
Rp, 19.15.9.711 NMAC, 2/14/2007; A, 12/1/08]
19.15.36.14 SPECIFIC REQUIREMENTS
APPLICABLE TO LANDFILLS:
A. General operating requirements.
(1) The operator shall confine the landfill’s
working face to the smallest practical area and compact the oil field waste to
the smallest practical volume. The
operator shall not use equipment that may damage the integrity of the liner
system in direct contact with a geosynthetic liner.
(2) The operator shall prevent unauthorized
access by the public and entry by large animals to the landfill’s active
portion through the use of fences, gates, locks or other means that attain
equivalent protection.
(3) The operator shall prevent and extinguish
fires.
(4) The operator shall control litter and
odors.
(5) The operator shall not excavate a closed
cell or allow others to excavate a closed cell except as approved by the
division.
(6) The operator shall provide adequate cover
for the landfill’s active face as needed to control dust, debris, odors or
other nuisances, or as otherwise required by the division.
(7) For areas of the landfill that will not
receive additional oil field waste for one month or more, but have not reached
the final waste elevation, the operator shall provide intermediate cover that
shall be:
(a) approved by the
division;
(b) stabilized with
vegetation; and
(c) inspected and
maintained to prevent erosion and manage infiltration or leachate during the
oil field waste deposition process.
(8) When the operator has filled a landfill
cell, the operator shall close it pursuant to the conditions contained in the
surface waste management facility permit and the requirements of Paragraph (2)
of Subsection D of 19.15.36.18 NMAC. The
operator shall notify the division’s environmental bureau at least three working
days prior to a landfill cell’s closure.
B. Ground water monitoring program. If fresh ground water exists at a site, the
operator shall, unless otherwise approved by the division, establish a ground
water monitoring program, approved by the division’s environmental bureau,
which shall include a ground water monitoring work plan, a sampling and
analysis plan, a ground water monitoring system and a plan for reporting ground
water monitoring results. The ground water
monitoring system shall consist of a sufficient number of wells, installed at
appropriate locations and depths, to yield ground water samples from the
uppermost aquifer that:
(1) represent the
quality of background ground water that leakage from a landfill has not affected;
and
(2) represent the
quality of ground water passing beneath and down gradient of the surface waste
management facility.
C. Landfill
design specification. New landfill
design systems shall include a base layer and a lower geomembrane liner (e.g., composite liner), a leak detection
system, an upper geomembrane liner, a leachate collection and removal system, a
leachate collection and removal system protective layer, an oil field waste
zone and a top landfill cover.
(1) The base layer shall, at a minimum,
consist of two feet of clay soil compacted to a minimum 90 percent standard
proctor density (ASTM D-698)(Copyright ASTM International, 100 Barr
Harbor Drive, West Conshohocken, PA
19428. This document is available
for public viewing at the New Mexico state records center and archives and may
not be reproduced, in full or in part. A
copy of this publication may be obtained from ASTM International,
www.astm.org.) with
a hydraulic conductivity of 1 x 10-7 cm/sec or less. In areas where no ground water is present,
the operator may propose an alternative base layer design, subject to division
approval.
(2) The lower geomembrane liner shall consist
of a 30-mil flexible PVC or 60-mil HDPE liner,
or an equivalent liner approved by the division.
(3) The operator shall place the leak
detection system, which shall consist of two feet of compacted soil with a
saturated hydraulic conductivity of 1 x 10-5 cm/sec or greater,
between the lower and upper geomembrane liners.
The leak detection system shall consist of a drainage
and collection system placed no more than six inches above the lower
geomembrane liner in depressions and sloped so as to facilitate the earliest possible
leak detection at designated collection points.
Drainage piping shall be designed to withstand chemical attack from oil
field waste and leachate and structural loading and other stresses and
disturbances from overlying oil field waste, cover materials, equipment
operation, expansion or contraction, and to facilitate clean-out
maintenance. The material placed between
the pipes and laterals shall be sufficiently permeable to allow the transport
of fluids to the drainage pipe. The
slope of the landfill sub-grade and drainage pipes and laterals shall be at
least two percent grade; i.e., two
feet of vertical drop per 100 horizontal feet.
The piping collection network shall be comprised of solid and perforated
pipe having a minimum diameter of four inches and a minimum wall thickness of
schedule 80. The operator shall seal a
solid drainage pipe to convey collected liquids to a corrosion-proof sump or
sumps located outside the landfill’s perimeter for observation, storage,
treatment or disposal. The operator may
install alternative designs as approved by the division.
(4) The operator shall place the upper
geomembrane liner, which shall consist of a 30-mil
flexible PVC or 60-mil HDPE liner, or an equivalent liner approved by the division,
over the leak detection system.
(5) The operator shall place the leachate
collection and removal system, which shall consist of at least two feet of
compacted soil with a saturated hydraulic conductivity of 1 x 10-2
cm/sec or greater, over the upper geomembrane liner to facilitate
drainage. The leachate collection and
removal system shall consist of a drainage and collection and removal system
placed no more than six inches above the upper geomembrane liner in depressions
and sloped so as to facilitate the maximum leachate collection. Piping shall be designed to withstand
chemical attack from oil field waste or leachate and structural loading and
other stresses and disturbances from overlying oil field waste, cover materials,
equipment operation, expansion or contraction and to facilitate clean-out
maintenance. The material placed between
the pipes and laterals shall be sufficiently permeable to allow the transport
of fluids to the drainage pipe. The
slope of the upper geomembrane liner and drainage lines and laterals shall be
at least two percent grade; i.e., two
feet of vertical drop per 100 horizontal feet.
The piping collection network shall be comprised of solid and perforated
pipe having a minimum diameter of four inches and a minimum wall thickness of
schedule 80. The operator shall seal a
solid drainage pipe to convey collected fluids outside the landfill’s perimeter
for storage, treatment and disposal. The
operator may install alternative designs as approved by the division.
(6) The operator shall place the leachate
collection and removal system protection layer, which shall consist of a soil
layer at least one foot thick with a saturated hydraulic conductivity of 1 x 10-2
cm/sec or greater, over the leachate collection and removal system.
(7) The operator shall place oil field waste
over the leachate collection and removal system protective layer.
(8) The top landfill cover design shall consist
of the following layers (top to bottom):
a soil erosion layer composed of at least 12 inches of fertile topsoil
re-vegetated in accordance with the post closure provisions of Subparagraph (b)
of Paragraph (2) of Subsection D of 19.15.36.18 NMAC; a protection or frost
protection layer composed of 12 to 30 inches of native soil; a drainage layer
composed of at least 12 inches of sand or gravel with a saturated hydraulic
conductivity of 1 x 10-2 cm/sec or greater and a minimum bottom
slope of four percent, a hydraulic barrier-layer-geomembrane (minimum of a
30-mil flexible PVC or 60-mil HDPE liner, or an equivalent liner approved by
the division); and a gas vent or foundation layer composed of at least 12
inches of sand or gravel above oil field waste with soils compacted to the
minimum 80 percent Standard Proctor Density.
The operator shall install the top landfill cover within one year of
achieving the final landfill cell waste elevation. The operator shall ensure that the final
landfill design elevation of the working face of the oil field waste is
achieved in a timely manner with the date recorded in a field construction
log. The operator shall also record the
date of top landfill cover installation to document the timely installation of
top landfill covers. The operator shall
provide a minimum of three working days notice to the division in advance of
the top landfill cover’s installation to allow the division to witness the top
landfill cover’s installation.
(9) Alternatively, the operator may propose a
performance-based landfill design system using geosynthetics or geocomposites,
including geogrids, geonets, geosynthetic clay liners, composite liner systems,
etc., when supported by EPA’s “hydrologic evaluation of landfill performance”
(HELP) model or other division-approved model.
The operator shall design the landfill to prevent the “bathtub
effect”. The bathtub effect occurs when
a more permeable cover is placed over a less permeable bottom liner or natural
subsoil.
(10) External piping, e.g., leachate collection, leak detection and sump removal systems
shall be designed for installation of a sidewall riser pipe. Pipes shall not penetrate the liner with the
exception of gas vent or collection wells where the operator shall install a
flexible clamped pipe riser through the top landfill cover liner that will
accommodate oil field waste settling and will prevent tears.
D. Liner
specifications and requirements.
(1) General requirements.
(a) Geomembrane liner specifications. Geomembrane liners shall consist of a 30-mil
flexible PVC or 60-mil HDPE liner, or an equivalent liner approved by the
division. Geomembrane liners shall have a
hydraulic conductivity no greater than 1 x 10-9 cm/sec. Geomembrane liners shall be composed of
impervious, geosynthetic material that is resistant to petroleum hydrocarbons,
salts and acidic and alkaline solutions.
Liners shall also be resistant to ultraviolet light, or the operator
shall make provisions to protect the material from sunlight. Liner compatibility shall comply with EPA
SW-846 method 9090A.
(b) Liners shall be able to withstand
projected loading stresses, settling and disturbances from overlying oil field
waste, cover materials and equipment operations.
(c) The operator shall construct liners with a minimum of two percent slope to promote
positive drainage and to facilitate leachate collection and leak detection.
(2) Additional requirements for geomembranes.
(a) Geomembranes shall be compatible with the
oil field waste to be disposed.
Geomembranes shall be resistant to chemical attack from the oil field
waste or leachate. The operator shall
demonstrate this by means of the manufacturer’s test reports, laboratory
analyses or other division-approved method.
(b) Geosynthetic material the operator
installs on a slope greater than 25 percent shall be designed to withstand the
calculated tensile forces acting upon the material. The design shall consider the maximum
friction angle of the geosynthetic with regard to a soil-geosynthetic or geosynthetic-geosynthetic
interface and shall ensure that overall slope stability is maintained.
(c) The operator shall thermally seal (hot
wedge) field seams in geosynthetic material with a double track weld to create
an air pocket for non-destructive air channel testing. In areas where double-track welding cannot be
achieved, the operator may propose alternative thermal seaming methods. A stabilized air pressure of 35psi, plus or minus one percent, shall be
maintained for at least five minutes.
The operator shall overlap liners four to six inches before seaming, and
shall orient seams parallel to the line of maximum slope; i.e., oriented along, not across, the slope. The operator shall minimize the number of
field seams in corners and irregularly shaped areas. The operator shall use factory seams whenever
possible. The operator shall not install
horizontal seams within five feet of the slope’s toe. Qualified personnel shall perform all field
seaming.
E. Requirements for the soil component of composite liners.
(1) The operator shall place and compact the
base layer to 90 percent standard proctor density on a prepared sub-grade.
(2) The soil surface upon which the operator
installs a geosynthetic shall be free of stones greater than one half inch in
any dimension, organic matter, local irregularities, protrusions, loose soil
and abrupt changes in grade that could damage the geosynthetic.
(3) The operator shall compact a clay soil
component of a composite liner to a minimum of 90 percent standard proctor
density, which shall have, unless otherwise approved by the division, a
plasticity index greater than 10 percent, a liquid limit between 25 and 50
percent, a portion of material passing the no. 200 sieve (0.074 mm and less
fraction) greater than 40 percent by weight; and a clay content greater than 18
percent by weight.
F. The leachate collection and removal system protective
layer and the soil component of the leak detection system shall consist of soil
materials that shall be free of organic matter, shall have a portion of
material passing the no. 200 sieve no greater than five percent by weight and
shall have a uniformity coefficient (Cu) less than 6, where Cu is defined as
D60/D10. Geosynthetic materials or
geocomposites including geonets and geotextiles, if used as components of the
leachate collection and removal or leak detection system, shall have a
hydraulic conductivity, transmissivity and chemical and physical qualities that
oil field waste placement, equipment operation or leachate generation will not
adversely affect. These geosynthetics or
geocomposites, if used in conjunction with the soil protective cover for
liners, shall have a hydraulic conductivity designed to ensure that the liner’s
hydraulic head never exceeds one foot.
G. Landfill gas control systems. If the gas safety management plan or
requirements of other federal, state or local agencies require the installation
of a gas control system at a landfill, the operator shall submit a plan for
division approval, which shall include the following:
(1) the system’s design, indicating the
location and design of vents, barriers, collection piping and manifolds and
other control measures that the operator will install (gas vent or collection
wells shall incorporate a clamped and seamed pipe riser design through the top
cover liner);
(2) if gas recovery is proposed, the design of
the proposed gas recovery system and the system’s major on-site components,
including storage, transportation, processing, treatment or disposal measures
required in the management of generated gases, condensates or other residues;
(3) if gas processing is proposed, a processing
plan designed in a manner that does not interfere or conflict with the
activities on the site or required control measures or create or cause danger
to persons or property;
(4) if gas disposal
is proposed, a disposal plan designed:
(a) in a manner that
does not interfere or conflict with the activities on the site or with required
control measures;
(b) so as not to create
or cause danger to persons or property; and
(c) with active
forced ventilation, using vents located at least one foot above the landfill
surface at each gas vent’s location;
(5) physical and chemical
characterization of condensates or residues that are generated and a plan for
their disposal;
(6) means that the
operator will implement to prevent gas’ generation and lateral migration such
that
(a) the concentration
of the gases the landfill generates does not exceed 25 percent of the lower
explosive limit for gases in surface waste management facility structures
(excluding gas control or recovery system components); and
(b) the concentration
of gases does not exceed the lower explosive limit for gases at the surface
waste management facility boundary; and
(7) a routine gas
monitoring program providing for monitoring at least quarterly; the specific
type and frequency of monitoring to be determined based on the following:
(a) soil conditions;
(b) the hydrogeologic
and hydraulic conditions surrounding the surface waste management facility; and
(c) the location of
surface waste management facility structures and property lines.
H. Landfill gas response.
If gas levels exceed the limits specified in Paragraph (6) of Subsection
G of 19.15.36.14 NMAC, the operator shall:
(1) immediately take
all necessary steps to ensure protection of fresh water, public health, safety
and the environment and notify the division;
(2) within seven days of detection, record gas
levels detected and a description of the steps taken to protect fresh water,
public health, safety and the environment;
(3) within 30 days of
detection, submit a remediation plan for gas releases that describes the
problem’s nature and extent and the proposed remedy; and
(4) within 60 days
after division approval, implement the remediation plan and notify the division
that the plan has been implemented.
[19.15.36.14 NMAC -
N, 2/14/2007; A, 12/1/08]
19.15.36.15 SPECIFIC
REQUIREMENTS APPLICABLE TO LANDFARMS:
A. Oil field waste acceptance criteria. Only soils and drill cuttings predominantly
contaminated by petroleum hydrocarbons shall be placed in a landfarm. The division may approve placement of tank
bottoms in a landfarm if the operator demonstrates that the tank bottoms do not
contain economically recoverable petroleum hydrocarbons. Soils and drill cuttings placed in a landfarm
shall be sufficiently free of liquid content to pass the paint filter test, and
shall not have a chloride concentration exceeding 500 mg/kg if the landfarm is
located where ground water is less than 100 feet but at least 50 feet below the
lowest elevation at which the operator will place oil field waste or exceeding
1000 mg/kg if the landfarm is located where ground water is 100 feet or more
below the lowest elevation at which the operator will place oil field
waste. The person tendering oil field
waste for treatment at a landfarm shall certify, on form C-138, that representative samples of the oil field waste have been
subjected to the paint filter test and tested for chloride content, and that
the samples have been found to conform to these requirements. The landfarm’s operator shall not accept oil
field waste for landfarm treatment unless accompanied by this certification.
B. Background testing.
Prior to beginning operation of a new landfarm or to opening a new cell
at an existing landfarm at which the operator has not already established
background, the operator shall take, at a minimum, 12 composite background soil
samples, with each consisting of 16 discrete samples from areas that previous
operations have not impacted at least six inches below the original ground
surface, to establish background soil concentrations for the entire surface
waste management facility. The operator
shall analyze the background soil samples for TPH, as determined by EPA
method 418.1 or other EPA method approved by the division; BTEX, as determined
by EPA SW-846 method 8021B or 8260B; chlorides; and other constituents listed
in Subsections A and B of 20.6.2.3103 NMAC, using approved EPA methods.
C. Operation and oil field waste treatment.
(1) The operator shall berm each landfarm cell
to prevent rainwater run-on and run-off.
(2) The operator shall not place contaminated
soils received after the effective date of 19.15.36 NMAC within 100 feet of the
surface waste management facility’s boundary.
(3)
The operator shall not place contaminated soils received at a landfarm
after the effective date of 19.15.36 NMAC within 20 feet of a pipeline crossing
the landfarm.
(4) With 72 hours after receipt, the operator
shall spread and disk contaminated soils in eight-inch or less lifts or
approximately 1000 cubic yards per acre per eight-inch lift or biopile.
(5) The operator shall ensure that soils are
disked biweekly and biopiles are turned at least monthly.
(6) The operator shall add moisture, as
necessary, to enhance bioremediation and to control blowing dust.
(7) The application of microbes for the
purposes of enhancing bioremediation requires prior division approval.
(8) Pooling of liquids in the landfarm is
prohibited. The operator shall remove
freestanding water within 24 hours.
(9) The operator shall maintain records of the
landfarm’s remediation activities in a form readily accessible for division
inspection.
(10) The division’s environmental bureau may
approve other treatment procedures if the operator demonstrates that they
provide equivalent protection for fresh water, public health, safety and the
environment.
D. Treatment zone monitoring. The operator shall spread contaminated soils
on the surface in eight-inch or less lifts or approximately 1000 cubic yards
per acre per eight-inch lift. The
operator shall conduct treatment zone monitoring to ensure that prior to adding
an additional lift the TPH concentration of each lift, as determined by EPA
SW-846 method 8015M or EPA method 418.1 or other EPA method approved by the
division, does not exceed 2500 mg/kg and that the chloride concentration, as
determined by EPA method 300.1, does not exceed 500 mg/kg if the landfarm is
located where ground water is less than 100 feet but at least 50 feet below the
lowest elevation at which the operator will place oil field waste or 1000 mg/kg
if the landfarm is located where ground water is 100 feet or more below the
lowest elevation at which the operator will place oil field waste. The operator shall collect and analyze at
least one composite soil sample, consisting of four discrete samples, from the
treatment zone at least semi-annually using the methods specified below for TPH
and chlorides. The maximum thickness of
treated soils in a landfarm cell shall not exceed two feet or approximately
3000 cubic yards per acre. When that
thickness is reached, the operator shall not place additional oil field waste
in the landfarm cell until it has demonstrated by monitoring the treatment zone
at least semi-annually that the contaminated soil has been treated to the
standards specified in Subsection F of 19.15.36.15 NMAC or the contaminated
soils have been removed to a division-approved surface waste management
facility.
E. Vadose zone monitoring.
(1) Sampling.
The operator shall monitor the vadose zone beneath the treatment zone in
each landfarm cell. The operator shall
take the vadose zone samples from soils between three and four feet below the
cell’s original ground surface.
(2) Semi-annual monitoring program. The operator shall collect and analyze a
minimum of four randomly selected, independent samples from the vadose zone at
least semi-annually using the methods specified below for TPH, BTEX and
chlorides and shall compare each result to the higher of the PQL or the background soil concentrations to
determine whether a release has occurred.
(3) Five year monitoring program. The operator shall collect and analyze a
minimum of four randomly selected, independent samples from the vadose zone,
using the methods specified below for the constituents listed in Subsections A
and B of 20.6.2.3103 NMAC at least every five years and shall compare each
result to the higher of the PQL or the background soil concentrations to
determine whether a release has occurred.
(4) Record keeping. The operator shall maintain a copy of the
monitoring reports in a form readily accessible for division inspection.
(5) Release response. If vadose zone sampling results show that the
concentrations of TPH, BTEX or chlorides exceed the higher of the PQL or the
background soil concentrations, then the operator shall notify the division’s
environmental bureau of the exceedance, and shall immediately collect and
analyze a minimum of four randomly selected, independent samples for TPH, BTEX,
chlorides and the constituents listed in Subsections A and B of 20.6.2.3103
NMAC. The operator shall submit the
results of the re-sampling event and a response action plan for the division’s
approval within 45 days of the initial notification. The response action plan shall address
changes in the landfarm’s operation to prevent further contamination and, if
necessary, a plan for remediating existing contamination.
F. Treatment zone closure performance standards. After the operator has filled a landfarm cell
to the maximum thickness of two feet or approximately 3000 cubic yards per
acre, the operator shall continue treatment until the contaminated soil has
been remediated to the higher of the background concentrations or the following
closure performance standards. The
operator shall demonstrate compliance with the closure performance standards by
collecting and analyzing a minimum of one composite soil sample, consisting of
four discrete samples.
(1) Benzene, as determined by EPA SW-846
method 8021B or 8260B, shall not exceed 0.2 mg/kg.
(2) Total BTEX, as determined by EPA SW-846
method 8021B or 8260B, shall not exceed 50 mg/kg.
(3) The GRO and DRO combined
fractions, as determined by EPA SW-846 method 8015M, shall not exceed 500
mg/kg. TPH, as determined by EPA method
418.1 or other EPA method approved by the division,
shall not exceed 2500 mg/kg.
(4) Chlorides, as determined by EPA method
300.1, shall not exceed 500 mg/kg if the landfarm is located where ground water
is less than 100 feet but at least 50 feet below the lowest elevation at which
the operator will place oil field waste or 1000 mg/kg if the landfarm is located
where ground water is 100 feet or more below the lowest elevation at which the
operator will place oil field waste.
(5) The concentration of constituents listed
in Subsections A and B of 20.6.2.3103 NMAC shall be determined by EPA SW-846
methods 6010B or 6020 or other methods approved by the division. If the concentration of those constituents
exceed the PQL or background concentration, the operator shall either perform a
site specific risk assessment using EPA approved methods and shall propose
closure standards based upon individual site conditions that protect fresh
water, public health, safety and the environment, which shall be subject to
division approval or remove pursuant to Paragraph (2) of Subsection G of
19.15.36.15 NMAC.
G. Disposition of treated soils.
(1) If the operator achieves the closure
performance standards specified in Subsection F of 19.15.36.15 NMAC, then the
operator may either leave the treated soils in place,
or, with prior division approval, dispose or reuse of the treated soils in an
alternative manner.
(2) If the operator cannot achieve the closure
performance standards specified in Subsection F of 19.15.36.15 NMAC within five
years or as extended by the division, then the operator shall remove
contaminated soils from the landfarm cell and properly dispose of it at a
division-permitted landfill, or reuse or recycle it in
a manner approved by the division.
(3) If the operator cannot achieve the closure
performance standards specified in Subsection F of 19.15.36.15 NMAC within five
years or as extended by the division, then the division may review the adequacy
of the operator’s financial assurance, as provided in Subsection G of 19.15.36.11
NMAC. In that event, the division may
require the operator to modify its financial assurance to provide for the
appropriate disposition of contaminated soil in a manner acceptable to the
division.
(4) The operator may request approval of an
alternative soil closure standard from the division, provided that the operator
shall give division-approved public notice of an application for alternative
soil closure standards in the manner provided in 19.15.36.9 NMAC. The division may grant the request
administratively if no person files an objection thereto within 30 days after
publication of notice; otherwise the division shall set the matter for hearing.
H. Environmentally acceptable bioremediation endpoint
approach.
(1)
A landfarm operator may use an environmentally acceptable bioremediation
endpoint approach to landfarm management in lieu of compliance with the
requirements of Paragraph (3) of Subsection F of 19.15.36.15 NMAC. The bioremediation endpoint occurs when TPH,
as determined by EPA method 418.1 or other EPA method approved by the division,
is reduced to a minimal concentration as a result of bioremediation and is
dependent upon the bioavailability of residual hydrocarbons. An environmentally acceptable bioremediation
endpoint occurs when the TPH concentration has been reduced by at least 80
percent by a combination of physical, biological and chemical processes and the
rate of change in the reduction in the TPH concentration is negligible. The environmentally acceptable bioremediation
endpoint in soil is determined statistically by the operator’s demonstration
that the rate of change in the reduction of TPH concentration is negligible.
(2) In addition to the requirements specified
in Subsection C of 19.15.36.8 NMAC, an operator who plans to use an
environmentally acceptable bioremediation endpoint approach shall submit for
the division’s review and approval a detailed landfarm operation plan for those
landfarm cells exclusively dedicated to the use of the environmentally
acceptable bioremediation endpoint approach.
At a minimum, the operations plan shall include detailed information on
the native soils, procedures to characterize each lift of contaminated soil,
operating procedures and management procedures that the operator shall follow.
(3) In addition to other operational
requirements specified in 19.15.36.15 NMAC, the operator using an
environmentally acceptable bioremediation endpoint approach shall comply with
the following.
(a) Native soil information required. The operator shall submit detailed
information on the soil conditions present for each of its landfarm cells
immediately prior to the application of the petroleum hydrocarbon-contaminated
soils, including: treatment cell size,
soil porosity, soil bulk density, soil pH, moisture content, field capacity,
organic matter concentration, soil structure, SAR, EC, soil composition, soil temperature, soil
nutrient (C:N:P) (calcium, nitrogen and
phosphate) concentrations and oxygen
content.
(b) Characterization of contaminated
soil. The operator shall submit a
description of the procedures that it will follow to characterize each lift of
contaminated soil or drill cuttings, prior to treating each lift of
contaminated soil or drill cuttings, for petroleum hydrocarbon loading factor,
TPH, BTEX, chlorides, constituents listed in Subsections A and B of 20.6.2.3103
NMAC, contaminated soil moisture, contaminated soil pH and API gravity of the
petroleum hydrocarbons.
(c) Operating procedures. The operator shall submit a description of
the procedures, including a schedule, that it shall follow to properly monitor
and amend each lift of contaminated soil in order to maximize bioremediation,
including tilling procedures and schedule; procedures to limit petroleum
hydrocarbon loading to less than five percent; procedures to maintain pH
between six and eight; procedures to monitor and apply proper nutrients;
procedures to monitor, apply and maintain moisture to 60 to 80 percent of field
capacity; and procedures to monitor TPH concentrations.
(d) Management procedures. The operator shall submit a description of
the management procedures that it shall follow to properly schedule landfarming
operations, including modifications during cold weather, record keeping,
sampling and analysis, statistical procedures, routine reporting, determination
and reporting of achievement of the environmentally acceptable bioremediation
endpoint and closure and post-closure plans.
[19.15.36.15 NMAC -
N, 2/14/2007; A, 12/1/08]
19.15.36.16 SMALL
LANDFARMS: Small landfarms as defined in Paragraph (5)
of Subsection A of 19.15.36.7 NMAC are exempt from 19.15.36 NMAC except for the
requirements specified in 19.15.36.16 NMAC.
A. General requirements.
(1) Registration. Prior to establishment of a new small
landfarm, the operator shall file a form C-137 EZ, small landfarm registration,
with the environmental bureau in the division’s Santa Fe office. If the operator is not the surface estate
owner at the proposed site, the operator shall furnish with its form C-137 EZ
its certification it has a written agreement with the surface estate owner
authorizing the site’s use for the proposed small landfarm. The division shall issue the operator a
registration number no more than 30 days from receipt of the properly completed
form.
(2) Limitation. The operator shall operate only one active
small landfarm per governmental section at any time. No small landfarm shall be located more than
one mile from the operator’s nearest oil or gas well or other production
facility.
B. General operating procedures. The
operator shall:
(1) comply with the
siting requirements of Subsections A and B of 19.15.36.13 NMAC;
(2) accept only exempt or non-hazardous wastes
consisting of soils (excluding drill cuttings) generated as a result of
accidental releases from production operations, that are predominantly
contaminated by petroleum hydrocarbons, do not contain free liquids, would pass
the paint filter test and where testing shows chloride concentrations are 500
mg/kg or below;
(3) berm the landfarm
to prevent rainwater run-on and run-off; and
(4) post a sign at
the site readable from a distance of 50 feet and listing the operator’s name;
small landfarm registration number; location by unit letter, section, township
and range; expiration date; and an emergency contact telephone number.
C. Oil field waste management standards. The operator shall spread and disk
contaminated soils in a single eight inch or less lift within 72 hours of
receipt. The operator shall conduct
treatment zone monitoring to ensure that the TPH concentration, as determined
by EPA SW-846 method 8015M or EPA method 418.1 or other EPA method approved by
the division, does not exceed 2500 mg/kg and that the chloride concentration,
as determined by EPA method 300.1, does not exceed 500 mg/kg. The operator shall treat soils by disking at
least once a month and by watering and adding bioremediation enhancing
materials when needed.
D. Record-keeping requirements. The operator shall maintain records
reflecting the generator, the location of origin, the volume and type of oil
field waste, the date of acceptance and the hauling company for each load of
oil field waste received. The division
shall post on its website each small landfarm’s location, operator and
registration date. In addition, the
operator shall maintain records of the small landfarm’s remediation activities
in a form readily accessible for division inspection. The operator shall maintain all records for
five years following the small landfarm’s closure.
E. Small landfarm closure.
(1) Closure performance standards and
disposition of soils. If the operator
achieves the closure performance standards specified below, then the operator
may return the soil to the original generation site, leave the treated soil in
place at the small landfarm or, with prior division approval, dispose or reuse
the treated soil in an alternative manner.
If the operator cannot achieve the closure performance standards within
three years from the registration date, then the operator shall remove
contaminated soil from the landfarm and properly dispose of it at a permitted
landfill, unless the division authorizes a specific alternative
disposition. The following standards
shall apply:
(a) benzene, as determined by EPA SW-846
method 8021 B or 8260B, shall not exceed 0.2 mg/kg;
(b) Total BTEX, as determined by EPA SW-846
method 8021 B or 8260B, shall not exceed 50 mg/kg;
(c) TPH, as determined by EPA SW-846 method
418.1 or other EPA method approved by the division, shall not exceed 2500
mg/kg; the GRO and DRO combined fraction, as determined by EPA SW-846 method
8015M, shall not exceed 500 mg/kg; and
(d) chlorides, as
determined by EPA method 300.1, shall not exceed 500 mg/kg.
(2) Closure requirements. The operator shall:
(a) re-vegetate soils
remediated to the closure performance standards if left in place in accordance
with Paragraph (6) of Subsection A of 19.15.36.18 NMAC;
(b) remove landfarmed
soils that have not or cannot be remediated to the closure performance
standards within three years to a division-approved surface waste management
facility, and re-vegetate the cell filled in with native soil to the standards
in Paragraph (6) of Subsection A of 19.15.36.18 NMAC;
(c) if the operator returns remediated soils
to the original site, or with division permission, recycles them, re-vegetate
the cell filled in with native soil to the standards in Paragraph (6) of Subsection
A of 19.15.36.18 NMAC;
(d) remove berms on
the small landfarm and buildings, fences, roads and equipment; and
(e) clean up the site and collect one vadose zone
soil sample from three to five feet below the middle of the treatment zone, or
in an area where liquids may have collected due to rainfall events; the vadose
zone soil sample shall be collected and analyzed using the methods specified
above for TPH, BTEX and chlorides.
F. Final report. The
operator shall submit a final closure report on a form C-137 EZ, together with
photographs of the closed site, to the environmental bureau in the division’s
Santa Fe office. The division, after
notice to the operator and an opportunity for a hearing if requested, may
require additional information, investigation or clean up activities.
[19.15.36.16 NMAC -
N, 2/14/2007; A, 12/1/08]
19.15.36.17 SPECIFIC REQUIREMENTS
APPLICABLE TO EVAPORATION, STORAGE, TREATMENT AND SKIMMER PONDS:
A. Engineering design plan.
An applicant for a surface waste management facility permit or
modification requesting inclusion of a skimmer pit; an evaporation, storage or
treatment pond; or a below-grade tank shall submit with the surface waste
management facility permit application a detailed engineering design plan,
certified by a registered profession engineer, including operating and
maintenance procedures; a closure plan; and a hydrologic report that provides
sufficient information and detail on the site’s topography, soils, geology,
surface hydrology and ground water hydrology to enable the division to evaluate
the actual and potential effects on soils, surface water and ground water. The plan shall include detailed information
on dike protection and structural integrity; leak detection, including an
adequate fluid collection and removal system; liner specifications and
compatibility; freeboard and overtopping prevention; prevention of nuisance and
hazardous odors such as H2S; an emergency response plan, unless the pit is part
of a surface waste management facility that has an integrated contingency plan;
type of oil field waste stream, including chemical analysis; climatological
factors, including freeze-thaw cycles; a monitoring and inspection plan;
erosion control; and other pertinent information the division requests.
B. Construction, standards.
(1) In general. The operator shall ensure each pit, pond and
below-grade tank is designed, constructed and operated so as to contain liquids
and solids in a manner that will protect fresh water, public health, safety and
the environment.
(2) Liners required. Each pit or pond shall contain, at a minimum,
a primary (upper) liner and a secondary (lower) liner with a leak detection
system appropriate to the site’s conditions.
(3) Liner specifications. Liners shall consist of a 30-mil flexible PVC
or 60-mil HDPE liner, or an equivalent liner approved by the division. Synthetic (geomembrane) liners shall have a
hydraulic conductivity no greater than 1 x 10-9 cm/sec. Geomembrane liners shall be composed of an
impervious, synthetic material that is resistant to petroleum hydrocarbons,
salts and acidic and alkaline solutions.
Liner materials shall be resistant to ultraviolet light, or the operator
shall make provisions to protect the material from sunlight. Liner compatibility shall comply with EPA
SW-846 method 9090A.
(4) Alternative liner media. The division may approve other liner media if
the operator demonstrates to the division’s satisfaction that the alternative
liner protects fresh water, public health, safety and the environment as
effectively as the specified media.
(5) Each pit or pond shall have a properly
constructed foundation or firm, unyielding base, smooth and free of rocks,
debris, sharp edges or irregularities, in order to prevent rupture or tear of
the liner and an adequate anchor trench; and shall be constructed so that the
inside grade of the levee is no steeper than 2H:1V. Levees shall have an outside grade no steeper
than 3H:1V. The
levees’ tops shall be wide enough to install an anchor trench and provide
adequate room for inspection and maintenance.
The operator shall minimize liner seams and orient them up and down, not
across a slope. The operator shall use
factory seams where possible. The
operator shall ensure field seams in geosynthetic material are thermally seamed
(hot wedge) with a double track weld to create an air pocket for
non-destructive air channel testing. A
stabilized air pressure of 35 psi, plus or minus one percent, shall be
maintained for at least five minutes.
The operator shall overlap liners four to six inches before seaming, and
orient seams parallel to the line of maximum slope, i.e., oriented along, not
across, the slope. The operator shall
minimize the number of field seams in corners and irregularly shaped areas. There shall be no horizontal seams within
five feet of the slope’s toe. Qualified
personnel shall perform field seaming.
(6) At a point of discharge into or suction
from the lined pit, the liner shall be protected from excessive hydrostatic
force or mechanical damage, and external discharge lines shall not penetrate
the liner.
(7) Primary liners shall be constructed of a
synthetic material.
(8) A secondary liner may be a synthetic liner
or an alternative liner approved by the division. Secondary liners constructed with compacted
soil membranes, i.e., natural or processed clay and other soils, shall be at
least three feet thick, placed in six-inch lifts and compacted to 95 percent of
the material’s standard proctor density, or equivalent. Compacted soil membranes used in a liner
shall undergo permeability testing in conformity with ASTM standards and
methods approved by the division before and after construction. Compacted soil membranes shall have a hydraulic
conductivity of no greater than 1 x 10-8 cm/sec. The operator shall submit results of
pre-construction testing to the division for approval prior to construction.
(9) The operator shall place a leak detection
system between the lower and upper geomembrane liners that consists of two feet
of compacted soil with a saturated hydraulic conductivity of 1 x 10-5
cm/sec or greater to facilitate drainage.
The leak detection system shall consist of a properly designed drainage
and collection and removal system placed above the lower geomembrane liner in
depressions and sloped so as to facilitate the earliest possible leak
detection. Piping used shall be designed
to withstand chemical attack from oil field waste or leachate; structural loading
from stresses and disturbances from overlying oil field waste, cover materials,
equipment operation or expansion or contraction; and to facilitate clean-out
maintenance. The material placed between
the pipes and laterals shall be sufficiently permeable to allow the transport
of fluids to the drainage pipe. The
slope of the interior sub-grade and of drainage lines and laterals shall be at
least a two percent grade, i.e., two feet vertical drop per 100 horizontal
feet. The piping collection system shall
be comprised of solid and perforated pipe having a minimum diameter of four
inches and a minimum wall thickness of schedule 80. The operator shall seal a solid sidewall
riser pipe to convey collected fluids to a collection, observation and disposal
system located outside the perimeter of the pit or pond. The operator may install alternative methods
as approved by the division.
(10) The operator shall notify the division at
least 72 hours prior to the primary liner’s installation so that a division
representative may inspect the leak detection system before it is covered.
(11) The operator shall construct pits and
ponds in a manner that prevents overtopping due to wave action or rainfall, and
maintain a three foot freeboard at all times.
(12) The maximum size of an evaporation or
storage pond shall not exceed 10 acre-feet.
C. Operating standards.
(1) The operator shall ensure that only
produced fluids or non-hazardous waste are discharged into or stored in a pit
or pond; and that no measurable or visible oil layer is allowed to accumulate
or remain anywhere on a pit’s surface except an approved skimmer pit.
(2) The operator shall monitor leak detection
systems pursuant to the approved surface waste management facility permit
conditions, maintain monitoring records in a form readily accessible for
division inspection and report discovery of liquids in the leak detection
system to the division within 24 hours.
(3)
Fencing and netting. The operator
shall fence or enclose pits or ponds to prevent unauthorized access and
maintain fences in good repair. Fences
are not required if there is an adequate perimeter fence surrounding the
surface waste management facility. The
operator shall screen, net, cover or otherwise render non-hazardous to
migratory birds tanks exceeding eight feet in diameter and exposed pits and
ponds. Upon written application, the
division may grant an exception to screening, netting or covering requirements
upon the operator’s showing that an alternative method will adequately protect
migratory birds or that the tank or pit is not hazardous to migratory birds.
(4) The division may approve spray systems to
enhance natural evaporation. The
operator shall submit engineering designs for spray systems to the division’s
environmental bureau for approval prior to installation. The operator shall ensure that spray
evaporation systems are operated so that spray-borne suspended or dissolved
solids remain within the perimeter of the pond’s lined
portion.
(5) The operator shall use skimmer pits or
tanks to separate oil from produced water prior to water discharge into a
pond. The operator shall install a trap
device in connected ponds to prevent solids and oils from transferring from one
pond to another unless approved in the surface waste management facility
permit.
D. Below-grade tanks and sumps.
(1) The operator shall construct below-grade
tanks with secondary containment and leak detection. The operator shall not allow below-grade
tanks to overflow. The operator shall
install only below-grade tanks of materials resistant to the tank’s particular
contents and to damage from sunlight.
(2) The operator shall test sumps’ integrity
annually, and shall promptly repair or replace a sump that does not demonstrate
integrity. The operator may test sumps
that can be removed from their emplacements by visual inspection. The operator shall test other sumps by
appropriate mechanical means. The
operator shall maintain records of sump inspection and testing and make such
records available for division inspection.
E. Closure required.
The operator shall properly close pits, ponds and below-grade tanks
within six months after cessation of use.
[19.15.36.17 NMAC -
N, 2/14/2007]
19.15.36.18 CLOSURE
AND POST CLOSURE:
A. Surface waste management facility closure by operator.
(1) The operator shall notify the division’s
environmental bureau at least 60 days prior to cessation of operations at the
surface waste management facility and provide a proposed schedule for
closure. Upon receipt of such notice and
proposed schedule, the division shall review the current closure plan for
adequacy and inspect the surface waste management facility.
(2) The division shall notify the operator
within 60 days after the date of cessation of operations specified in the
operator’s closure notice of modifications of the closure plan and proposed
schedule or additional requirements that it determines are necessary for the
protection of fresh water, public health, safety or the environment.
(3) If the division does not notify the
operator of additional closure requirements within 60 days as provided, the
operator may proceed with closure in accordance with the approved closure plan;
provided that the director may, for good cause, extend the time for the
division’s response for an additional period not to exceed 60 days by written
notice to the operator.
(4) The operator shall be entitled to a
hearing concerning a modification or additional requirement the division seeks
to impose if it files an application for a hearing within 10 days after receipt
of written notice of the proposed modifications or additional requirements.
(5) Closure shall proceed in accordance with
the approved closure plan and schedule and modifications or additional
requirements the division imposes.
During closure operations the operator shall maintain the surface waste
management facility to protect fresh water, public health, safety and the
environment.
(6) Upon completion of closure, the operator
shall re-vegetate the site unless the division has
approved an alternative site use plan as provided in Subsection G of
19.15.36.18 NMAC. Re-vegetation, except
for landfill cells, shall consist of establishment of a vegetative cover equal
to 70 percent of the native perennial vegetative cover (un-impacted by
overgrazing, fire or other intrusion damaging to native vegetation) or
scientifically documented ecological description consisting of at least three
native plant species, including at least one grass, but not including noxious
weeds, and maintenance of that cover through two successive growing seasons.
B. Release of financial assurance.
(1) When the division determines that closure
is complete it shall release the financial assurance, except for the amount
needed to maintain monitoring wells for the applicable post closure care
period, to perform semi-annual analyses of such monitoring wells and to
re-vegetate the site. Prior to the
partial release of the financial assurance covering the surface waste
management facility, the division shall inspect the site to determine that
closure is complete.
(2) After the applicable post closure care
period has expired, the division shall release the remainder of the financial
assurance if the monitoring wells show no contamination and the re-vegetation
in accordance with Paragraph (6) of Subsection A of 19.15.36.18 NMAC is
successful. If monitoring wells or other
monitoring or leak detection systems reveal contamination during the surface
waste management facility’s operation or in the applicable post closure care
period following the surface waste management facility’s closure the division
shall not release the financial assurance until the contamination is remediated
in accordance with 19.15.30 NMAC and 19.15.29 NMAC, as applicable.
(3) In any event, the division shall not
finally release the financial assurance until it determines that the operator has
successfully re-vegetated the site in accordance with Paragraph (6) of
Subsection A of 19.15.36.18 NMAC, or, if the division has approved an
alternative site use plan, until the landowner has obtained the necessary
regulatory approvals and begun implementation of the use.
C. Surface waste management facility closure initiated by
the division. Forfeiture
of financial assurance.
(1) For good cause, the division may, after
notice to the operator and an opportunity for a hearing, order immediate
cessation of a surface waste management facility’s operation when it appears
that cessation is necessary to protect fresh water, public health, safety or
the environment, or to assure compliance with statutes or division rules and
orders. The division may order closure
without notice and an opportunity for hearing in the event of an emergency,
subject to NMSA 1978, Section 70-2-23, as amended.
(2) If the operator refuses or is unable to
conduct operations at a surface waste management facility in a manner that
protects fresh water, public health, safety and the environment; refuses or is
unable to conduct or complete an approved closure plan; is in material breach
of the terms and conditions of its surface waste management facility permit; or
the operator defaults on the conditions under which the division accepted the
surface waste management facility’s financial assurance; or if disposal
operations have ceased and there has been no significant activity at the surface
waste management facility for six months the division may take the following
actions to forfeit all or part of the financial assurance:
(a) send written notice by certified mail, return
receipt requested, to the operator and the surety, if any, informing them of
the decision to close the surface waste management facility and to forfeit the
financial assurance, including the reasons for the forfeiture and the amount to
be forfeited, and notifying the operator and surety that a hearing request or
other response shall be made within 10 days of receipt of the notice; and
(b) advise the operator and surety of the
conditions under which they may avoid the forfeiture; such conditions may
include but are not limited to an agreement by the operator or another party to
perform closure and post closure operations in accordance with the surface
waste management facility permit conditions, the closure plan (including
modifications or additional requirements imposed by the division) and division
rules, and satisfactory demonstration that the operator or other party has the
ability to perform such agreement.
(3) The division may allow a surety to perform
closure if the surety can demonstrate an ability to timely complete the closure
and post closure in accordance with the approved plan.
(4) If the operator and the surety do not
respond to a notice of proposed forfeiture within the time provided, or fail to
satisfy the specified conditions for non-forfeiture, the division shall
proceed, after hearing if the operator or surety has timely requested a
hearing, to declare the financial assurance’s forfeiture. The division may then proceed to collect the
forfeited amount and use the funds to complete the closure, or, at the
division's election, to close the surface waste management facility and collect
the forfeited amount as reimbursement.
(a) The
division shall deposit amounts collected as a result of forfeiture of financial
assurance in the oil and gas reclamation fund.
(b) In the event the amount forfeited and
collected is insufficient for closure, the operator shall be liable for the
deficiency. The division may complete or
authorize completion of closure and post closure and may recover from the
operator reasonably incurred costs of closure and forfeiture in excess of the
amount collected pursuant to the forfeiture.
(c) In the event the amount collected pursuant
to the forfeiture was more than the amount necessary to complete closure,
including remediation costs, and forfeiture costs, the division shall return
the excess to the operator or surety, as applicable, reserving such amount as
may be reasonably necessary for post closure monitoring and re-vegetation in
accordance with Paragraph (6) of Subsection A of 19.15.36.18 NMAC. The division shall return excess of the amount
retained over the actual cost of post closure monitoring and re-vegetation to
the operator or surety at the later of the conclusion of the applicable post
closure period or when the site re-vegetation in accordance with Paragraph (6)
of Subsection A of 19.15.36.18 NMAC is successful.
(5) If the operator abandons the surface waste
management facility or cannot fulfill the conditions and obligations of the
surface waste management facility permit or division rules, the state of New Mexico,
its agencies, officers, employees, agents, contractors and other entities
designated by the state shall have all rights of entry into, over and upon the
surface waste management facility property, including all necessary and
convenient rights of ingress and egress with all materials and equipment to
conduct operation, termination and closure of the surface waste management
facility, including but not limited to the temporary storage of equipment and
materials, the right to borrow or dispose of materials and all other rights
necessary for the surface waste management facility’s operation, termination
and closure in accordance with the surface waste management facility permit and
to conduct post closure monitoring.
D. Surface waste management facility and cell closure and
post closure standards. The following
minimum standards shall apply to closure and post closure of the installations
indicated, whether the entire surface waste management facility is being closed
or only a part of the surface waste management facility.
(1) Oil treating plant closure. The operator shall ensure that:
(a) tanks and
equipment used for oil treatment are cleaned and oil field waste is disposed of
at a division-approved surface waste management facility (the operator shall
reuse, recycle or remove tanks and equipment from the site within 90 days of
closure);
(b) the site is sampled, in accordance with
the procedures specified in chapter nine of EPA publication SW-846, test
methods for evaluating solid waste, physical/chemical methods, for TPH, BTEX,
major cations and anions and RCRA metals, in accordance with a gridded plat of
the site containing at least four equal sections that the division has
approved; and
(c) sample results
are submitted to the environmental bureau in the division's Santa Fe office.
(2) Landfill cell closure.
(a) The operator shall properly close landfill
cells, covering the cell with a top cover pursuant to Paragraph (8) of
Subsection C of 19.15.36.14 NMAC, with soil contoured to promote drainage of
precipitation; side slopes shall not exceed a 25 percent grade (four feet horizontal
to one foot vertical), such that the final cover of the landfill’s top portion
has a gradient of two percent to five percent, and the slopes are sufficient to
prevent the ponding of water and erosion of the cover material.
(b) The operator shall re-vegetate
the area overlying the cell with native grass covering at least 70 percent of
the landfill cover and surrounding areas, consisting of at least two grasses
and not including noxious weeds or deep rooted shrubs or trees, and maintain
that cover through the post closure period.
(3) Landfill post closure. Following landfill closure, the post closure
care period for a landfill shall be 30 years.
(a) A post closure care and monitoring plan
shall include maintenance of cover integrity, maintenance and operation of a
leak detection system and leachate collection and removal system and operation
of gas and ground water monitoring systems.
(b) The operator or other responsible entity
shall sample existing ground water monitoring wells annually and submit reports
of monitoring performance and data collected within 45 days after the end of
each calendar year. The operator shall
report any exceedance of a ground water standard that it discovers during
monitoring pursuant to 19.15.29 NMAC.
(4) Landfarm closure. The operator shall ensure that:
(a) disking and
addition of bioremediation enhancing materials continues until soils within the
cells are remediated to the standards provided in Subsection F of 19.15.36.15
NMAC, or as otherwise approved by the division;
(b) soils remediated
to the foregoing standards and left in place are re-vegetated in accordance
with Paragraph (6) of Subsection A of 19.15.36.18 NMAC;
(c) landfarmed soils that have not been or
cannot be remediated to the standards in Subsection F of 19.15.36.15 NMAC are
removed to a division-approved surface waste management facility and the
landfarm remediation area is filled in with native soil and re-vegetated in
accordance with Paragraph (6) of Subsection A of 19.15.36.18 NMAC;
(d) if treated soils
are removed, the cell is filled in with native soils and re-vegetated in
accordance with Paragraph (6) of Subsection A of 19.15.36.18 NMAC;
(e) berms are
removed;
(f)
buildings, fences, roads and equipment are
removed, the site cleaned-up and tests conducted on the soils for
contamination;
(g) annual reports of
vadose zone and treatment zone sampling are submitted to the division's
environmental bureau until the division has approved the surface waste
management facility’s final closure; and
(h) for an operator who chooses to use the landfarm methods specified in Subsection H of 19.15.36.15
NMAC, that the soil has an ECs
of less than or equal to 4.0 mmhos/cm (dS/m) and a SAR of less than or equal to
13.0.
E. Pond and pit closure.
The operator shall ensure that:
(1) liquids in the
ponds or pits are removed and disposed of in a division-approved surface waste
management facility;
(2) liners are
disposed of in a division-approved surface waste management facility;
(3) equipment
associated with the surface waste management facility is removed;
(4) the site is sampled, in accordance with
the procedures specified in chapter nine of EPA publication SW-846, test
methods for evaluating solid waste, physical/chemical methods for TPH, BTEX,
metals and other inorganics listed in Subsections A and B of 20.6.2.3103 NMAC,
in accordance with a gridded plat of the site containing at least four equal
sections that the division has approved; and
(5) sample results
are submitted to the environmental bureau in the division's Santa Fe office.
F. Landfarm and pond and pit post closure. The post-closure care period for a landfarm
or pond or pit shall be three years if the operator has achieved clean
closure. During that period the operator
or other responsible entity shall regularly inspect and maintain required
re-vegetation. If there has been a
release to the vadose zone or to ground water, then the operator shall comply
with the applicable requirements of 19.15.30 NMAC and 19.15.29 NMAC.
G. Alternatives to re-vegetation. If the landowner contemplates use of the land
where a cell or surface waste management facility is located for purposes
inconsistent with re-vegetation, the landowner may, with division approval,
implement an alternative surface treatment appropriate for the contemplated
use, provided that the alternative treatment will effectively prevent
erosion. If the division approves an
alternative to re-vegetation, it shall not release the portion of the
operator’s financial assurance reserved for post-closure until the landowner
has obtained necessary regulatory approvals and begun implementation of such
alternative use.
[19.15.36.18 NMAC -
Rp, 19.15.9.711 NMAC, 2/14/2007; A, 12/1/08]
19.15.36.19 EXCEPTIONS AND WAIVERS:
A. In a surface waste management facility permit
application, the applicant may propose alternatives to requirements of 19.15.36
NMAC, and the division may approve such alternatives if it determines that the
proposed alternatives will provide equivalent protection of fresh water, public
health, safety and the environment.
B. The division may grant exceptions to, or waivers of, or
approve alternatives to requirements of 19.15.36 NMAC in an emergency without
notice or hearing. The operator
requesting an exception or waiver, except in an emergency, shall apply for a
surface waste management facility permit modification in accordance with
Subsection C of 19.15.36.8 NMAC. If the
requested modification is a major modification, the operator shall provide
notice of the request in accordance with 19.15.36.9 NMAC.
[19.15.36.19 NMAC -
N, 2/14/2007]
19.15.36.20 TRANSITIONAL PROVISIONS: Existing permitted facilities. Surface waste management facilities in operation prior to the effective date of 19.15.36 NMAC pursuant to division permits or orders may continue to operate in accordance with such permits or orders, subject to the following provisions.
A. Existing surface waste management facilities shall comply
with the operational, waste acceptance and closure requirements provided in
19.15.36 NMAC, except as otherwise specifically provided in the applicable
permit or order, or in a specific waiver, exception or agreement that the
division has granted in writing to the particular surface waste management
facility.
B. Major modification of an existing surface waste
management facility and a new landfarm cells constructed at an existing surface
waste management facility shall comply with the requirements provided in
19.15.36 NMAC.
C. The division shall process an application for a surface
waste management facility permit filed prior to May 18, 2006 in accordance with
19.15.9.711 NMAC, and an application filed after May 18, 2006 in accordance
with 19.15.36 NMAC.
[19.15.36.20 NMAC -
Rp, 19.15.9.711 NMAC, 2/14/2007]
History of 19.15.36 NMAC:
Pre-NMAC History:
Material in the part was derived from that previously filed with the
commission of public records - state records center and archives:
Rule 711, Commercial
Surface Waste Disposal Facilities, filed 6-6-88;
Rule 711, Commercial
Surface Waste Disposal Facilities, filed 10-11-89;
Rule 711, Commercial
Surface Waste Disposal Facilities, filed 2-5-91;
Rule 711, Applicable
to Surface Waste Management Facilities Only, filed 7-27-95;
Rule 711, Applicable
to Surface Waste Management Facilities Only, filed 12-18-95.
History of Repealed Material:
Repeal of Section 711 of 19.15.9 NMAC, 2/14/2007.
Other History:
Rule 711, Applicable
to Surface Waste Management Facilities Only (filed 12-18-95) renumbered and
reformatted into that portion of 19 NMAC 15.I, effective 02-01-1996.
19 NMAC 15.I, Secondary or Other Enhanced Recovery, Pressure
Maintenance, Salt Water Disposal, and Underground Storage (filed 01-18-96) was
renumbered, reformatted and amended to 19.15.9
NMAC, effective 11-30-2000.
Section 711 of
19.15.9 NMAC was renumbered to and replaced by 19.15.36 NMAC, Surface Waste Management Facilities, effective 2/14/2007.