N.M. Code R. § 20.6.2.5342

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

Section 20.6.2.5342 - ESTABLISHING PERMIT CONDITIONS

A. In addition to conditions required in 20.6.2.5341 NMAC, the director shall establish conditions, as required on a case-by-case basis under Subsection H of 20.6.2.3109 NMAC, Subsection A of 20.6.2.5343 NMAC, and 20.6.2.5344 NMAC. Permits for owners or operators of hazardous waste injection wells shall also include conditions meeting the requirements of 20.6.2.5310 NMAC, Paragraphs (1) and (2) of Subsection A of this section, and 20.6.2.5351 through 20.6.2.5363 NMAC.

(1)Financial responsibility.

(a) The permittee, including the transferor of a permit, is required to demonstrate and maintain financial responsibility and resources to close, plug, and abandon the underground injection operation in a manner prescribed by the director until:

(i) the well has been plugged and abandoned in accordance with an approved plugging and abandonment plan pursuant to Subsection P of 20.6.2.5341 NMAC, and 20.6.2.5209 NMAC, and submitted a plugging and abandonment report pursuant to Subsection Q of 20.6.2.5341 NMAC; or

(ii) the well has been converted in compliance with the requirements of Subsection O of 20.6.2.5341 NMAC; or

(iii) the transferor of a permit has received notice from the director that the transfer has been approved and that the transferee's required financial assurance is in place.

(b) The owner or operator of a well injecting hazardous waste must comply with the financial responsibility requirements of 20.6.2.5320 NMAC.

(2)Additional conditions. The director shall impose on a case-by-case basis such additional conditions as are necessary to prevent the migration of fluids into groundwater of the state of New Mexico.

B.Applicable requirements.

(1) In addition to conditions required in all permits the director shall establish conditions in permits as required on a case-by-case basis, to provide for and assure compliance with all applicable requirements of this part.

(2) An applicable requirement is a state statutory or regulatory requirement which takes effect prior to final administrative disposition of the permit. An applicable requirement is also any requirement which takes effect prior to the modification or revocation and reissuance of a permit.

(3) New or renewed permits, and to the extent allowed under 20.6.2.3109 NMAC modified or terminated permits, shall incorporate each of the applicable requirements referenced in 20.6.2.5342 NMAC.

C.Incorporation. All permit conditions shall be incorporated either expressly or by reference. If incorporated by reference, a specific citation to the applicable regulations or requirements must be given in the permit.

N.M. Code R. § 20.6.2.5342

Adopted by New Mexico Register, Volume XXVI, Issue 15, August 14, 2015, eff. 8/31/2015