N.M. Admin. Code § 19.15.17.10 - SITING REQUIREMENTS

A. Except as otherwise provided in 19.15.17 NMAC.

(1) An operator shall not locate a temporary pit containing low chloride fluid:

(a) where ground water is less than 25 feet below the bottom of the pit; a variance may be granted for a pit used solely to cavitate a coal bed methane well and where the operator demonstrated that the proposed operation will protect groundwater during the temporary pit's use;

(b) within (i) 100 feet of any continuously flowing watercourse or any other significant watercourse, or (ii) 200 feet of any lakebed, sinkhole or playa lake (measured from the ordinary high-water mark);

(c) within 300 feet from an occupied permanent residence, school, hospital, institution or church in existence at the time of initial application;

(d) within (i) 200 feet of a spring or a private, domestic fresh water well used by less than five households for domestic or stock watering purposes, or (ii) 300 feet of any other fresh water well or spring, in existence at the time of the initial application;

(e) within incorporated municipal boundaries or within a defined municipal fresh water well field covered under a municipal ordinance adopted pursuant to NMSA 1978, Section 3-27-3, as amended, unless the municipality specifically approves;

(f) within 100 feet of a wetland;

(g) within the area overlying a subsurface mine, unless a variance is granted that approves the proposed location based upon the operator's demonstration that the temporary pit's construction and use will not compromise the subsurface integrity;

(h) within an unstable area, unless a variance is granted upon a demonstration that the operator has incorporated engineering measures into the design to ensure that the temporary pit's integrity is not compromised; or

(i) within a 100-year floodplain.

(2) Unless a variance is specifically provided for in Paragraph (1) of Subsection A of 19.15.17.10 NMAC, an operator must obtain an exception to locate a temporary pit containing low chloride fluids inside setbacks set forth in Paragraph (1) of Subsection A of 19.15.17.10 NMAC.

(3) An operator shall not locate a temporary pit containing fluids that are not low chloride fluids:

(a) where ground water is less than 50 feet below the bottom of the pit; a variance may be granted for a pit used solely to cavitate a coal bed methane well and where the operator demonstrated that the proposed operation will protect groundwater during the temporary pit's use;

(b) within (i) 300 feet of any continuously flowing watercourse or any other significant watercourse or (ii) 200 feet of any lakebed, sinkhole or playa lake (measured from the ordinary high-water mark);

(c) within 300 feet from an occupied permanent residence, school, hospital, institution or church in existence at the time of initial application;

(d) within (i) 500 feet of a spring or a private, domestic fresh water well used by less than five households for domestic or stock watering purposes, or (ii) 1,000 feet of any other fresh water well or spring, in existence at the time of the initial application;

(e) within incorporated municipal boundaries or within a defined municipal fresh water well field covered under a municipal ordinance adopted pursuant to NMSA 1978, Section 3-27-3, as amended, unless the municipality specifically approves;

(f) within 300 feet of a wetland;

(g) within the area overlying a subsurface mine, unless a variance is granted that approves the proposed location based upon the operator's demonstration that the temporary pit's construction and use will not compromise the subsurface integrity;

(h) within an unstable area, unless a variance is granted upon a demonstration that the operator has incorporated engineering measures into the design to ensure that the temporary pit's integrity is not compromised; or

(i) within a 100-year floodplain.

(4) An operator must obtain a variance to locate a temporary pit containing non-low chloride fluids inside setbacks set forth in Paragraph (3) of Subsection A of 19.15.17.10 NMAC. The operator must obtain an exception to locate a non-low chloride fluids temporary pit inside setbacks set forth in Paragraph (1) of Subsection A of 19.15.17.10 NMAC.

(5) An operator shall not locate a permanent pit or multi-well fluid management pit:

(a) where ground water is less than 50 feet below the bottom of the permanent pit;

(b) within 300 feet of a continuously flowing watercourse, or 200 feet of any other significant watercourse or lakebed, sinkhole or playa lake (measured from the ordinary high-water mark), unless the division's Santa Fe office approves an alternative distance based upon the operator's demonstration that surface and ground water will be protected;

(c) within 1000 feet from a permanent residence, school, hospital, institution or church in existence at the time of initial application;

(d) within 500 feet of a spring or a fresh water well used for domestic or stock watering purposes, in existence at the time of initial application;

(e) within incorporated municipal boundaries or within a defined municipal fresh water well field covered under a municipal ordinance adopted pursuant to NMSA 1978, Section 3-27-3, as amended, unless the municipality specifically approves;

(f) within 500 feet of a wetland;

(g) within the area overlying a subsurface mine, unless the operator obtains an exception and demonstrates that the pit's construction and use will not compromise subsurface integrity;

(h) within an unstable area, unless the operator demonstrates that it has incorporated engineering measures into the design to ensure that the pit's integrity is not compromised; or

(i) within a 100-year floodplain.

(6) An operator must obtain an exception to locate a permanent pit or multi-well fluid management pit inside setbacks set forth in Paragraph (5) of Subsection A of 19.15.17.10 NMAC.

(7) An operator shall not locate material excavated from a pit's construction:

(a) within 100 feet of a continuously flowing watercourse or a significant watercourse;

(b) 200 feet from a lakebed, sinkhole or playa lake (measured from the ordinary high-water mark);

(c) within 100 feet of a wetland; or

(d) within a 100-year floodplain.

(8) An operator shall not locate a below-grade tank:

(a) within 100 feet of a continuously flowing watercourse, significant watercourse, lakebed, sinkhole, wetland or playa lake (measured from the ordinary high-water mark);

(b) within 200 feet of a spring or a fresh water well used for public or livestock consumption;

(c) where depth to ground water is less than 25 feet below the bottom of the tank.

B. An emergency pit is exempt from the siting criteria of 19.15.17 NMAC.

C. Closure for burial trenches and in place closure.

(1) An operator shall not implement trench or in-place closure:

(a) where ground water is less than 25 feet below the bottom of the buried waste;

(b) within 100 feet of a continuously flowing watercourse, or 200 feet of any other significant watercourse or lakebed, sinkhole or playa lake (measured from the ordinary high-water mark);

(c) within 300 feet from an occupied permanent residence, school, hospital, institution or church in existence at the time of initial application;

(d) within 300 feet of a spring or private, domestic fresh water well used for domestic or stock watering purposes;

(e) within incorporated municipal boundaries or within a defined municipal fresh water well field covered under a municipal ordinance adopted pursuant to NMSA 1978, Section 3-27-3, as amended, unless the municipality specifically approves;

(f) within 300 feet of a wetland;

(g) within the area overlying a subsurface mine, unless the division specifically approves the proposed location based upon the operator's demonstration that subsurface integrity will not be compromised;

(h) within an unstable area, unless the operator demonstrates that it has incorporated engineering measures into the design to ensure that the onsite closure method will prevent contamination of fresh water and protect public health and the environment; or

(i) within a 100 year floodplain.

(2) An operator must obtain a variance to locate a burial trench inside setbacks set forth in Paragraph (3) of Subsection A of 19.15.17.10 NMAC. The operator must obtain an exception to locate a burial trench inside setbacks set forth in Paragraph (1) of Subsection A of 19.15.17.10 NMAC.

Notes

N.M. Admin. Code § 19.15.17.10

19.15.17.10 NMAC - Rp, 19.15.17.10 NMAC, 6/28/13