N.M. Code R. § 20.6.2.3107

Current through Register Vol. 35, No. 11, June 11, 2024

Section 20.6.2.3107 - MONITORING, REPORTING, AND OTHER REQUIREMENTS

A. Each discharge plan shall provide for the following as the secretary may require:

(1) the installation, use, and maintenance of effluent monitoring devices;

(2) the installation, use, and maintenance of monitoring devices for the ground water most likely to be affected by the discharge;

(3) monitoring in the vadose zone;

(4) continuation of monitoring after cessation of operations;

(5) periodic submission to the secretary of results obtained pursuant to any monitoring requirements in the discharge permit and the methods used to obtain these results;

(6) periodic reporting to the secretary of any other information that may be required as set forth in the discharge permit;

(7) the discharger to retain for a period of at least five years any monitoring data required in the discharge permit;

(8) a system of monitoring and reporting to verify that the permit is achieving the expected results;

(9) procedures for detecting failure of the discharge system;

(10) contingency plans to cope with failure of the discharge permit or system;

(11) a closure plan to prevent the exceedance of standards of 20.6.2.3103 NMAC in ground water after the cessation of operation which includes: a description of closure measures, maintenance and monitoring plans, post-closure maintenance and monitoring plans, financial assurance, and other measures necessary to prevent or abate such contamination; the obligation to implement the closure plan as well as the requirements of the closure plan, if any is required, survives the termination or expiration of the permit; a closure plan for any underground injection control well must also incorporate the applicable requirements of 20.6.2.5005, 20.6.2.5209, and 20.6.2.5361 NMAC.

B. Sampling and analytical techniques shall conform with the following references unless otherwise specified by the secretary:

(1) standard methods for the examination of water and wastewater, latest edition, American public health association; or

(2) methods for chemical analysis of water and waste, and other publications of the analytical quality laboratory, EPA; or

(3) techniques of water resource investigations of the U.S. geological survey; or

(4) annual book of ASTM standards; Part 31; water, latest edition, American society for testing and materials; or

(5) federal register, latest methods published for monitoring pursuant to Resource Conservation and Recovery Act regulations; or

(6) national handbook of recommended methods for water-data acquisition, latest edition, prepared cooperatively by agencies of the United States government under the sponsorship of the U.S. geological survey.

C. The discharger shall notify the secretary of any facility expansion, production increase or process modification that would result in any significant modification in the discharge of water contaminants.

D. Any discharger of effluent or leachate shall allow any authorized representative of the secretary to:

(1) inspect and copy records required by a discharge permit;

(2) inspect any treatment works, monitoring and analytical equipment;

(3) sample any effluent before or after discharge;

(4) use monitoring systems and wells installed pursuant to a discharge permit requirement in order to collect samples from ground water or the vadose zone.

E. Each discharge permit for an underground injection control well shall incorporate the applicable requirements of 20.6.2.5000 through 20.6.2.5399 NMAC.

N.M. Code R. § 20.6.2.3107

2-18-77, 9-20-82, 11-17-83, 12-1-95; 20.6.2.3107 NMAC - Rn, 20 NMAC 6.2.III.3107, 1-15-01; A, 12-1-01, Amended by New Mexico Register, Volume XXVI, Issue 15, August 14, 2015, eff. 8/31/2015, Amended by New Mexico Register, Volume XXIX, Issue 23, December 11, 2018, eff. 12/21/2018