N.M. Admin. Code § 19.15.34.9

Current through Register Vol. 36, No. 1, January 14, 2025

Section 19.15.34.9 - RECYCLING FACILITIES

A. Except where recycling facilities are part of a permitted operation for the drilling, completing, producing or plugging of oil and gas wells, all recycling facilities shall be permitted or registered with the division district office. Division form C-147 shall be used for registration, financial assurance or for a permit if not associated with the drilling, completing, producing and plugging of oil and gas wells. All operators or owners of the facility shall be named in the form C-147.

B. In addition to the other applicable rule requirements, registration of a recycling facility is required in the following circumstances:

(1) when the recycling facility is an addition to a surface waste management facility permitted under 19.15.36 NMAC;

(2) when the recycling facility is an addition to the secondary recovery of oil and gas, enhanced oil recovery of oil and gas or pressure maintenance projects permitted under 19.15.26 NMAC;

(3) when the recycling facility is an addition to a produced water disposal well permitted under 19.15.26 NMAC;

(4) when the recycling facility is an addition to pits permitted or below-grade tanks registered in accordance with 19.15.17 NMAC;

(5) when the recycling facility is used with a closed loop system that only delivers fluid for drilling or completion purposes;

(6) when the recycling facility is used with dedicated above ground, unlined, hard-sided tanks used in accordance with the manufacturer's standards that are externally visually inspected weekly when holding fluids and a log is kept of the inspections made available to the division upon request; or

(7) when the recycling facility is used with a recycling containment registered in accordance with 19.15.34 NMAC.

C. Recycling facilities not identified in Subsection B of 19.15.34.9 NMAC are required to be permitted. The appropriate division district office will determine approval requirements based upon the proposed use.

D. Recycling facilities may be located either onsite or offsite of a well drilling location and may serve a number of wells.

E. The operator of a recycling facility shall keep accurate records and shall report monthly to the division the total volume of water received for recycling, with the amount of fresh water received listed separately, and the total volume of water leaving the facility for disposition by use on form C-148.

F. The operator of a recycling facility shall maintain accurate records that identify the sources and disposition of all recycled water that shall be made available for review by the division upon request.

G. Recycling facilities may not be used for the disposal of produced water.

H. The operator shall remove all fluids within 60 days from the date the operator ceases operations. The division district office may grant an extension for the removal of all fluids not to exceed two months.

N.M. Admin. Code § 19.15.34.9

Adopted by New Mexico Register, Volume XXVI, Issue 06, March 31, 2015, eff. 3/31/2015, Amended by New Mexico Register, Volume XXXI, Issue 19, October 13, 2020, eff. 10/13/2020