N.M. Code R. § 20.6.2.7

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

Section 20.6.2.7 - DEFINITIONS

The following terms, as used in this part shall have the following meanings; terms defined in the Water Quality Act, but not defined in this part, will have the meaning given in the act.

A.Definitions that begin with the letter "A."

(1)"abandoned well" means a well whose use has been permanently discontinued or which is in a state of disrepair such that it cannot be rehabilitated for its intended purpose or other purposes including monitoring and observation;

(2)"abate" or "abatement" means the investigation, containment, removal or other mitigation of water pollution;

(3)"abatement plan" means a description of any operational, monitoring, contingency and closure requirements and conditions for the prevention, investigation and abatement of water pollution, and includes Stage 1, Stage 2, or Stage 1 and 2 of the abatement plan, as approved by the secretary;

(4)"adjacent properties" means properties that are contiguous to the discharge site or property that would be contiguous to the discharge site but for being separated by a public or private right of way, including roads and highways.

B.Definitions that begin with the letter "B." "background" means, for purposes of ground water abatement plans only and for no other purposes in this part or any other regulations including but not limited to surface water standards, the amount of ground water contaminants naturally occurring from undisturbed geologic sources or water contaminants which the responsible person establishes are occurring from a source other than the responsible person's facility; this definition shall not prevent the secretary from requiring abatement of commingled plumes of pollution, shall not prevent responsible persons from seeking contribution or other legal or equitable relief from other persons, and shall not preclude the secretary from exercising enforcement authority under any applicable statute, regulation or common law;

C.Definitions that begin with the letter "C."

(1)"casing" means pipe or tubing of appropriate material, diameter and weight used to support the sides of a well hole and thus prevent the walls from caving, to prevent loss of drilling mud into porous ground, or to prevent fluid from entering or leaving the well other than to or from the injection zone;

(2)"cementing" means the operation whereby a cementing slurry is pumped into a drilled hole and/or forced behind the casing;

(3)"cesspool" means a "drywell" that receives untreated domestic liquid waste containing human excreta, and which sometimes has an open bottom and/or perforated sides; a large capacity cesspool means a cesspool that receives liquid waste greater than that regulated by 20.7.3 NMAC;

(4)"collapse" means the structural failure of overlying materials caused by removal of underlying materials;

(5)"commission" means:

(a) the New Mexico water quality control commission or

(b) the department, when used in connection with any administrative and enforcement activity;

(6)"confining zone" means a geological formation, group of formations, or part of a formation that is capable of limiting fluid movement from an injection zone;

(7)"conventional mining" means the production of minerals from an open pit or underground excavation; underground excavations include mine shafts, workings and air vents, but does not include excavations primarily caused by in situ extraction activities;

D.Definitions that begin with the letter "D."

(1)"daily composite sample" means a sample collected over any twenty-four hour period at intervals not to exceed one hour and obtained by combining equal volumes of the effluent collected, or means a sample collected in accordance with federal permit conditions where a permit has been issued under the national pollutant discharge elimination system or for those facilities which include a waste stabilization pond in the treatment process where the retention time is greater than twenty (20) days, means a sample obtained by compositing equal volumes of at least two grab samples collected within a period of not more than twenty-four (24) hours;

(2)"department", "agency", or "division" means the New Mexico environment department or a constituent agency designated by the commission;

(3)"discharge permit" means a discharge plan approved by the department;

(4)"discharge permit modification" means a change to the requirements of a discharge permit that result from a change in the location of the discharge, a significant increase in the quantity of the discharge, a significant change in the quality of the discharge; or as required by the secretary;

(5)"discharge permit renewal" means the re-issuance of a discharge permit for the same, previously permitted discharge;

(6)"discharge plan" means a description of any operational, monitoring, contingency, and closure requirements and conditions for any discharge of effluent or leachate which may move directly or indirectly into ground water;

(7)"discharge site" means the entire site where the discharge and associated activities will take place;

(8)"disposal" means to abandon, deposit, inter or otherwise discard a fluid as a final action after its use has been achieved;

(9)"domestic liquid waste" means human excreta and water-carried waste from typical residential plumbing fixtures and activities, including but not limited to waste from toilets, sinks, bath fixtures, clothes or dishwashing machines and floor drains;

(10)"domestic liquid waste treatment unit" means a watertight unit designed, constructed and installed to stabilize only domestic liquid waste and to retain solids contained in such domestic liquid waste, including but not limited to aerobic treatment units and septic tanks;

(11)"drywell" means a well, other than an improved sinkhole or subsurface fluid distribution system, completed above the water table so that its bottom and sides are typically dry except when receiving fluids;

E.Definitions that begin with the letter "E." "experimental technology" means a technology which has not been proven feasible under the conditions in which it is being tested;

F.Definitions that begin with the letter "F." "fluid" means material or substance which flows or moves whether in a semisolid, liquid, sludge, gas, or any other form or state;

G.Definitions that begin with the letter "G." "ground water" means interstitial water which occurs in saturated earth material and which is capable of entering a well in sufficient amounts to be utilized as a water supply;

H.Definitions that begin with the letter "H." "hazard to public health" exists when water which is used or is reasonably expected to be used in the future as a human drinking water supply exceeds at the time and place of such use, one or more of the standards of Subsection A of 20.6.2.3103 NMAC, or the naturally occurring concentrations, whichever is higher in determining whether a discharge would cause a hazard to public health to exist, the secretary shall investigate and consider the purification and dilution reasonably expected to occur from the time and place of discharge to the time and place of withdrawal for use as human drinking water;

I.Definitions that begin with the letter "I."

(1)"improved sinkhole" means a naturally occurring karst depression or other natural crevice found in volcanic terrain and other geologic settings which have been modified by man for the purpose of directing and emplacing fluids into the subsurface;

(2)"injection" means the subsurface emplacement of fluids through a well;

(3)"injection zone" means a geological formation, group of formations, or part of a formation receiving fluids through a well;

JDefinitions that begin with the letter "J." [RESERVED]

K.Definitions that begin with the letter "K." [RESERVED]

L.Definitions that begin with the letter "L." [RESERVED]

M.Definitions that begin with the letter "M." "motor vehicle waste disposal well" means a well which receives or has received fluids from vehicular repair or maintenance activities;

N.Definitions that begin with the letter "N." "non-aqueous phase liquid" means an interstitial body of liquid oil, petroleum product, petrochemical, or organic solvent, including an emulsion containing such material;

O.Definitions that begin with the letter "O."

(1)"operational area" means a geographic area defined in a project discharge permit where a group of wells or well fields in close proximity comprise a single class III well operation;

(2)"owner of record" means an owner of property according to the property records of the tax assessor in the county in which the discharge site is located at the time the application was deemed administratively complete;

P.Definitions that begin with the letter "P."

(1)"packer" means a device lowered into a well to produce a fluid-tight seal within the casing;

(2)"person" means an individual or any other entity including partnerships, corporation, associations, responsible business or association agents or officers, the state or a political subdivision of the state or any agency, department or instrumentality of the United States and any of its officers, agents or employees;

(3)"petitioner" means a person seeking a variance from a regulation of the commission pursuant to Section 74-6-4(H) NMSA 1978;

(4)"plugging" means the act or process of stopping the flow of water, oil or gas into or out of a geological formation, group of formations or part of a formation through a borehole or well penetrating these geologic units;

(5)"project discharge permit" means a discharge permit which describes the operation of similar class III wells or well fields within one or more individual operational areas;

Q.Definitions that begin with the letter "Q." [RESERVED]

R.Definitions that begin with the letter "R."

(1)"refuse" includes food, swill, carrion, slops and all substances from the preparation, cooking and consumption of food and from the handling, storage and sale of food products, the carcasses of animals, junked parts of automobiles and other machinery, paper, paper cartons, tree branches, yard trimmings, discarded furniture, cans, oil, ashes, bottles, and all unwholesome material;

(2)"responsible person" means a person who is required to submit an abatement plan or who submits an abatement plan pursuant to this part;

S.Definitions that begin with the letter "S."

(1)"secretary" or "director" means the secretary of the New Mexico department of environment or the director of a constituent agency designated by the commission;

(2)"sewer system" means pipelines, conduits, pumping stations, force mains, or other structures, devices, appurtenances or facilities used for collecting or conducting wastes to an ultimate point for treatment or disposal;

(3)"sewerage system" means a system for disposing of wastes, either by surface or underground methods, and includes sewer systems, treatment works, disposal wells and other systems;

(4)"significant modification of Stage 2 of the abatement plan" means a change in the abatement technology used excluding design and operational parameters, or re-location of 25 percent or more of the compliance sampling stations, for any single medium, as designated pursuant to Paragraph (4) of Subsection E of 20.6.2.4106 NMAC;

(5)"subsurface fluid distribution system" means an assemblage of perforated pipes, drain tiles, or other mechanisms intended to distribute fluids below the surface of the ground;

(6)"subsurface water" means ground water and water in the vadose zone that may become ground water or surface water in the reasonably foreseeable future or may be utilized by vegetation;

T.Definitions that begin with the letter "T."

(1)"TDS" means total dissolved solids as determined by the "calculation method" (sum of constituents), by the "residue on evaporation method at 180 degrees" of the "U.S. geological survey techniques of water resource investigations," or by conductivity, as the secretary may determine;

(2)"toxic pollutant" means any water contaminant or combination of the water contaminants in the list below

(a) acrolein (CAS 107-02-8)

(b) acrylonitrile (CAS 107-13-1)

(c) benzene and alkylbenzenes

(i) benzene (CAS 71-43-2)

(ii) toluene (methylbenzene) (CAS 108-88-3)

(iii) ethylbenzene (CAS 100-41-4)

(iv) xylenes (dimethyl benzene isomers): o-xylene (CAS 95-47-6); m-xylene (CAS 108-38-3); and p-xylene (CAS 106-42-3)

(v) styrene (ethenylbenzene) (CAS 100-42-5)

(d) chlorinated benzenes

(i) monochlorobenzene (CAS 108-90-7)

(ii) 1,2-dichlorobenzene (ortho-dichlorobenzene) (CAS 95-50-1)

(iii) 1,4-dichlorobenzene (para-dichlorobenzene) (CAS 106-46-7)

(iv) 1,2,4-trichlorobenzene (CAS 120-82-1)

(v) 1,2,4,5-tetrachlorobenzene (CAS 95-94-3)

(vi) pentachlorobenzene (CAS 608-93-5)

(vii) hexachlorobenzene (CAS 118-74-1)

(e) chlorinated phenols

(i) 2,4-dichlorophenol (CAS 120-83-2)

(ii) 2,4,5-trichlorophenol (CAS 95-95-4)

(iii) 2,4,6-trichlorophenol (CAS 88-06-2)

(iv) pentachlorophenol (PCP) (CAS 87-86-5)

(f) chloroalkyl ethers

(i) bis (2-chloroethyl) ether (CAS 111-44-4)

(ii) bis (2-chloroisopropyl) ether (CAS 108-60-1)

(iii) bis (chloromethyl) ether (CAS 542-88-1)

(g) 1,2-dichloropropane (propylene dichloride, PDC) (CAS 78-87-5)

(h) dichloropropenes (CAS 542-75-6)

(i) 1,4-dioxane (CAS 123-91-1)

(j) halogenated ethanes

(i) 1,2-dibromoethane (ethylene dibromide, EDB) (CAS 106-93-4)

(ii) 1,1-dichloroethane (1,1-DCA) (CAS 75-34-3)

(iii) 1,2-dichloroethane (ethylene dichloride, EDC) (CAS 107-06-2)

(iv) 1,1,1-trichloroethane (TCA) (CAS 71-55-6)

(v) 1,1,2-trichloroethane (1,1,2-TCA) (CAS 79-00-5)

(vi) 1,1,2,2-tetrachloroethane (CAS 79-34-5)

(vii) hexachloroethane (CAS 67-72-1)

(k) halogenated ethenes

(i) chlorothene (vinyl chloride) (CAS 75-01-4)

(ii) 1,1-dichloroethene (1,1-DCE) (CAS 75-35-4)

(iii) cis-1,2-dichloroethene (cis-1,2-DCE) (CAS 156-59-2)

(iv) trans-1,2-dichloroethene (trans-1,2-DCE) (CAS 156-60-5)

(v) trichloroethene (trichloroethylene, TCE) (CAS 79-01-6)

(vi) tetrachloroethene (perchloroethylene, PCE) (CAS 127-18-4)

(l) halogenated methanes

(i) bromodichloromethane (CAS 75-27-4)

(ii) bromomethane (CAS 74-83-9)

(iii) chloromethane (CAS 74-87-3)

(iv) dichlorodifluoromethane (fluorocarbon-12) (CAS 75-71-8)

(v) dichloromethane (methylene chloride) (CAS 75-09-2)

(vi) tribromomethane (bromoform) (CAS 75-25-2)

(vii) trichloromethane (chloroform) (CAS 67-66-3)

(viii) tetrachloromethane (carbon tetrachloride) (CAS 56-23-5)

(ix) trichlorofluoromethane (fluorocarbon-11) (CAS 75-69-4)

(m) hexachlorobutadiene (CAS 87-68-3)

(n) isophorone (CAS 78-59-1)

(o) methyl tertiary-butyl-ether (MTBE) (CAS 1634-04-4)

(p) nitroaromatics and high explosives (HE)

(i) nitrobenzene (CAS 98-95-3)

(ii) 2,4-dinitrotoluene (2,4-DNT) (CAS 121-14-2)

(iii) 2,6-dinitrotoluene (2,6-DNT) (CAS 606-20-2)

(iv) octrahydro-1,3,5,7-tetranitro-1,3,5,7-tetrazocine(HMX)(CAS 2691-41-0)

(v) hexahydro-1,3,5-trinitro-1,3,5-triazine (RDX) (CAS 121-82-4)

(vi) 2,4,6-trinitrotoluene (TNT) (CAS 118-96-7)

(vii) 2,4-dinitro-o-cresol (CAS 534-52-1)

(viii) dinitrophenols (CAS 51-28-5)

(q) nitrosamines

(i) N-nitrosodiethylamine (CAS 55-18-5)

(ii) N-nitrosodimethylamine (CAS 62-75-9)

(iii) N-nitrosodibutylamine (CAS 924-16-3)

(iv) N-nitrosodiphenylamine (CAS 86-30-6)

(v) N-nitrosopyrrolidine (CAS 930-55-2)

(r) perchlorate (CAS 14797-73-0)

(s) perfluorinated-chemicals (PFCs)

(i) perfluorohexane sulfonic acid (PHHxS) (CAS 355-46-4)

(ii) perfluorooctane sulfonate (PFOS) (CAS 1763-23-1)

(iii) perfluorooctanoic acid (PFOA) (CAS 335-67-1)

(t) pesticides

(i) Aldrin (CAS 309-00-2)

(ii) atrazine (CAS 1912-24-9)

(iii) chlordane (CAS 57-74-9)

(iv) DDT (CAS 50-29-3)

(v) dieldrin (CAS 60-57-1)

(vi) endosulfan (CAS 115-29-7)

(vii) endrin (CAS 72-20-8)

(viii) heptachlor (CAS 76-44-8)

(ix) hexachlorocyclohexane (HCH, lindane): alpha-HCH (CAS 319-84-6); beta-HCH (CAS 319-85-7); gamma-HCH (CAS 58-89-9); and, technical-HCH (CAS 608-73-1)

(x) hexachlorocyclopentadiene (CAS 77-47-4)

(xi) prometon (CAS 1610-18-0)

(xii) toxaphene (CAS 8001-35-2)

(u) phenol (CAS 108-95-2)

(v) phthalate esters

(i) dibutyl phthalate (CAS 84-74-2)

(ii) di-2-ethylhexyl phthalate (DEHP) (CAS 117-81-7)

(iii) diethyl phthalate (DEP) (CAS 84-66-2)

(iv) dimethyl phthalate (DMP) (CAS 131-11-3)

(w) polycyclic compounds

(i) benzidine (CAS 92-87-5)

(ii) dichlorobenzidine (CAS 91-94-1)

(iii) diphenylhydrazine (CAS 122-66-7

(iv) polychlorinated biphenyls (PCBs) (CAS 1336-36-3)

(x) polynuclear aromatic hydrocarbons (PAHs)

(i) anthracne (CAS 120-12-7)

(ii) benzo(a)pyrene (CAS 50-32-8)

(iii) 3,4-benzofluoranthene (CAS 205-99-2)

(iv) benzo(k)fluoranthene (CAS 207-08-9)

(v) fluoranthene (CAS 206-44-0)

(vi) fluorene (CAS 86-73-7)

(vii) naphthalene (CAS 91-20-3)

(viii) 1-methylnaphthalene (CAS 90-12-0)

(ix) 2-methylnaphthalene (CAS 91-57-6)

(x) phenanthrene (CAS 85-01-8)

(xi) pyrene (CAS 129-00-0)

(y) thiolane 1,1 dioxide (sulfolane) (CAS 126-33-0)

U.Definitions that begin with the letter "U." [RESERVED]

V.Definitions that begin with the letter "V." "vadose zone" means earth material below the land surface and above ground water, or in between bodies of ground water

W.Definitions that begin with the letter "W."

(1)"wastes" means sewage, industrial wastes, or any other liquid, gaseous or solid substance which will pollute any waters of the state;

(2)"water" means all water including water situated wholly or partly within or bordering upon the state, whether surface or subsurface, public or private, except private waters that do not combine with other surface or subsurface water;

(3)"water contaminant" means any substance that could alter if discharged or spilled the physical, chemical, biological or radiological qualities of water; "water contaminant" does not mean source, special nuclear or by-product material as defined by the Atomic Energy Act of 1954;

(4)"watercourse" means any river, creek, arroyo, canyon, draw, or wash, or any other channel having definite banks and beds with visible evidence of the occasional flow of water;

(5)"water pollution" means introducing or permitting the introduction into water, either directly or indirectly, of one or more water contaminants in such quantity and of such duration as may with reasonable probability injure human health, animal or plant life or property, or to unreasonably interfere with the public welfare or the use of property;

(6)"well" means:

(1) A bored, drilled, or driven shaft;

(2) A dug hole whose depth is greater than the largest surface dimension;

(3) An improved sinkhole; or

(4) A subsurface fluid distribution system;

(7)"well stimulation" means a process used to clean the well, enlarge channels, and increase pore space in the interval to be injected, thus making it possible for fluids to move more readily into the injection zone; well stimulation includes, but is not limited to, (1) surging, (2) jetting, (3) blasting, (4) acidizing, (5) hydraulic fracturing.

X.Definitions that begin with the letter "X." [RESERVED]

Y. Definitions that begin with the letter "Y." [RESERVED]

Z.Definitions that begin with the letter "Z." [RESERVED]

N.M. Code R. § 20.6.2.7

1-4-68, 4-20-68, 11-27-70, 9-3-72, 4-11-74, 8-13-76, 2-18-77, 6-26-80, 7-2-81, 1-29-82, 9-20-82, 11-17-84, 3-3-86, 8-17-91, 8-19-93, 12-1-95; 20.6.2.7 NMAC - Rn, 20 NMAC 6.2.I.1101, 1-15-01; A, 1-15-01; A, 12-1-01; A, 9-15-02; A, 9-26-04; A, 7-16-06; A, 8-1-14, Amended by New Mexico Register, Volume XXIX, Issue 23, December 11, 2018, eff. 12/21/2018