N.M. Admin. Code § 19.15.29.8

Current through Register Vol. 35, No. 23, December 10, 2024

Section 19.15.29.8 - RELEASES

A.Prohibition. Except as provided in 19.15.27 NMAC or 19.15.28 NMAC, major releases and minor releases are prohibited.

B.Requirements. For all releases regardless of volume, the responsible party shall comply with 19.15.29.8 NMAC and shall remediate the release. For major and minor releases, the responsible party shall also comply with 19.15.29.9, 19.15.29.10, 19.15.29.11, 19.15.29.12 and 19.15.29.13 NMAC.

C.Initial response. The responsible party must take the following immediate actions unless the actions could create a safety hazard that would result in injury.

(1)Source elimination and site security. The responsible party must take appropriate measures to stop the source of the release and limit access to the site as necessary to protect human health and the environment.

(2)Containment. Once the site is secure, the responsible party must contain the materials released by construction of berms or dikes, the use of absorbent pads or other containment actions to limit the area affected by the release and prevent potential fresh water contaminants from migrating to watercourses or areas that could pose a threat to public health and environment. The responsible party must monitor the containment to ensure that it is effectively containing the material and not being degraded by weather or onsite activity.

(3)Site stabilization. After containment, the responsible party must recover any free liquids and recoverable materials that can be physically removed from the surface within the containment area. The responsible party must deliver material removed from the site to a division-approved facility.

(4)Remediation. The responsible party may commence remediation immediately.

N.M. Admin. Code § 19.15.29.8

19.15.29.8 NMAC - Rp, 19.15.3.116 NMAC, 12/1/08, Adopted by New Mexico Register, Volume XXIX, Issue 15, August 14, 2018, eff. 8/14/2018, Amended by New Mexico Register, Volume XXXII, Issue 16, August 24, 2021, eff. 8/24/2021