N.M. Admin. Code § 20.5.118.1802

Current through Register Vol. 35, No. 21, November 5, 2024

Section 20.5.118.1802 - CONFIRMED RELEASES

A. Owners, operators, certified installers, certified junior installers, and testers of storage tank systems shall report the following conditions to the department within 24 hours, in accordance with 20.5.118.1800 NMAC:

(1) visible leaks or seeps from any part of a storage tank system;

(2) evidence of released regulated substances at the storage tank site including, but not limited to, the presence of non-aqueous phase liquid or vapors in soils, basements, sewer and utility lines, groundwater, drinking water or nearby surface water; and

(3) evidence of released regulated substances in soils, including, but not limited to:

(a) any soil analytical results that indicate the presence of total petroleum hydrocarbons at concentrations equal to or exceeding 100 parts per million;

(b) any petroleum hydrocarbon vapor field screening results that exceed 100 whole instrument units; or

(c) significant visible staining or obvious petroleum odors.

B. If a release is confirmed, the secretary may take any action necessary, including suspension of the use of a storage tank system, until the owner or operator identifies and stops the release.

C. Owners and operators of storage tank systems shall address confirmed releases in accordance with 20.5.119 and 20.5.120 NMAC, and shall empty the storage tank and close the storage tank system in accordance with 20.5.115 NMAC until the storage tank system is repaired or replaced so that the release will not recur.

[To provide notice to the department under this section, telephone the department staff person currently on duty; to obtain this number, check the petroleum storage tank bureau's pages on the department website.]

N.M. Admin. Code § 20.5.118.1802

Adopted by New Mexico Register, Volume XXIX, Issue 14, July 24, 2018, eff. 7/24/2018