N.M. Admin. Code § 19.11.2.17 - CORRECTIVE ACTION

A. Applicants for injection well permits or for geothermal facility permits that include injection wells shall identify the location of all known wells (applicant's wells or wells of other parties), within a two-mile radius of the injection well, that penetrates the injection zone. For wells that are improperly sealed, completed or abandoned, the applicant shall also submit a plan consisting of such steps or modifications as are necessary to prevent movement of fluid into underground sources of fresh water ("corrective action"). Where the plan is adequate, the division shall incorporate it into the permit as a condition. Where the division's review of an application indicates that the applicant's plan is inadequate, the division shall require the applicant to revise the plan, prescribe a plan for corrective action as a condition of the permit or deny the application. An applicant may request a hearing, pursuant to 19.11.3.8 NMAC, regarding the corrective action plan or the denial of the corrective action plan.

B. No permittee of a new injection well or for a geothermal facility permit that includes a new injection well may begin injection until the permittee has taken all required corrective action. Any permit issued for or that includes an existing injection well requiring corrective action shall include a compliance schedule requiring the permittee to complete any corrective action accepted or prescribed under Subsection A of 19.11.2.17 NMAC as soon as possible.

C. A permittee shall take all reasonable steps to minimize or correct any adverse impact on the environment resulting from non-compliance with the permit.

Notes

N.M. Admin. Code § 19.11.2.17

Adopted by New Mexico Register, Volume XXIX, Issue 04, February 27, 2018, eff. 2/27/2018