Current through Register Vol. 35, No. 11, June 11, 2024
Section 20.6.6.30 - CLOSURE REQUIREMENTS FOR ALL DAIRY FACILITIESA.Permanent closure of dairy facility or impoundments. The following closure actions shall be performed at dairy facilities.(1)For permanent closure of a dairy facility.(a) The department shall be notified no later than 30 days after wastewater discharge has permanently ceased at the dairy facility.(b) Installation of any additional monitoring wells shall be completed pursuant to 20.6.6.23 NMAC.(c) All wastewater and combination wastewater/stormwater impoundments shall be emptied within six months of permanently ceasing wastewater discharge at the dairy facility; combination wastewater/stormwater impoundments may continue to receive stormwater after removal of the impounded wastewater/ stormwater. All stormwater and combination wastewater /stormwater impoundments shall be emptied of stormwater within one year of cessation of wastewater discharge. Wastewater and stormwater removed from impoundments shall be applied to the designated land application area, as authorized by a discharge permit. In the event that land application is not authorized by a discharge permit, a disposal plan shall be submitted for department approval and the plan implemented upon department approval.(d) Manure solids and compost shall be removed from surface areas at the dairy facility and applied to the designated land application area, as authorized by a discharge permit, or transferred off-site for proper disposal .(e) Complete removal of manure solids from the wastewater impoundment(s) shall be achieved within two years of permanently ceasing wastewater discharge. Complete removal of manure solids from the stormwater and combination wastewater/ stormwater impoundment(s) shall be achieved within two years of cessation of wastewater discharge. Manure solids shall be applied to the designated land application area, as authorized by a discharge permit. In the event that land application is not authorized by a discharge permit, a disposal plan shall be submitted for department approval and the plan implemented upon department approval.(f) Impoundment liners shall be perforated or removed and the impoundments shall be re-graded with clean fill to blend with surface topography to prevent ponding within two years of permanently ceasing wastewater discharge .(2)For closure of an impoundment at a facility not undergoing permanent closure (e.g., existing impoundment replaced with new impoundment).(a) Impoundments shall be emptied of wastewater and stormwater within six months of ceasing receipt of wastewater or stormwater into the impoundments. Wastewater and stormwater removed from impoundments shall be applied to the designated land application area, as authorized by a discharge permit. If land application is not authorized by a discharge permit, a disposal plan shall be submitted for department approval and the plan implemented upon department approval.(b) Complete removal of manure solids from impoundments shall be achieved within two years of ceasing receipt of wastewater or stormwater into the impoundments. Manure solids shall be applied to the designated land application area, as authorized by a discharge permit. If land application is not authorized by a discharge permit, a disposal plan shall be submitted for department approval and the plan implemented upon department approval.(c) Liners in impoundments shall be perforated or removed and the impoundments shall be re-graded with clean fill to blend with surface topography to prevent ponding within two years of ceasing receipt of wastewater or stormwater into the impoundments.B.Post-closure ground water sampling and reporting. Following completion and confirmation by the department of the requirements of Subsection A of this section, ground water monitoring shall continue pursuant to 20.6.6.23 NMAC until a minimum of eight consecutive ground water sampling events confirm that the standards of 20.6.2.3103 NMAC are not exceeded and the total nitrogen concentration in ground water is less than or equal to 10 milligrams per liter. If monitoring results show that one or more of the standards of 20.6.2.3103 NMAC is exceeded or the total nitrogen concentration in ground water is greater than 10 milligrams per liter, the permittee shall implement contingency requirements pursuant to 20.6.6.27 NMAC. Upon notification from the department that post-closure ground water monitoring may cease, the permittee shall abandon all monitoring wells and submit a report to the department pursuant to Subsection C of this section.C.Monitoring well abandonment. Upon notification from the department, the permittee shall abandon monitoring wells pursuant to 19.27.4 NMAC and the following requirements.(1) The well casing shall be removed and neat cement grout, bentonite based plugging material, or other sealing material approved by the state engineer in accordance with 19.27.4 NMAC shall be placed from the bottom of the borehole to the ground surface using a tremie pipe.(2) If the casing cannot be removed, neat cement grout, bentonite based plugging material, or other sealing material approved by the state engineer in accordance with 19.27.4 NMAC shall be emplaced in the well using a tremie pipe from the bottom of the well to the ground surface.(3) A well abandonment report shall be prepared by the permittee and shall provide information equivalent to the plugging record requirements of 19.27.4 NMAC. The well abandonment report shall be submitted to the department within 60 days of completion of well plugging activities.20.6.6.30 NMAC - N, 1/31/2011Amended by New Mexico Register, Volume XXVI, Issue 11, June 16, 2015, eff. 6/16/2015