N.M. Admin. Code § 19.15.5.9 - COMPLIANCE
A. An operator is
in compliance with Subsection A of
19.15.5.9 NMAC if the operator:
(2)
is not subject to a division or commission order, issued after notice and
hearing, finding the operator to be in violation of an order requiring
corrective action;
(3) does not
have a penalty assessment that is unpaid more than 30 days after issuance of
the order assessing the penalty; and
(4) has no more than the following number of
wells out of compliance with
19.15.25.8 NMAC that are not
subject to an agreed compliance or final order setting a schedule for bringing
the wells into compliance with
19.15.25.8 NMAC and imposing
sanctions if the schedule is not met:
(a) two
wells or fifty percent of the wells the operator operates, whichever is less,
if the operator operates 100 wells or less;
(b) five wells if the operator operates
between 101 and 500 wells;
(c)
seven wells if the operator operates between 501 and 1000 wells; and
(d) 10 wells if the operator operates more
than 1000 wells.
B.
Inactive wells.
(1) The division shall make available on its
website, and update daily, an "inactive well list" listing each well, by
operator, that according to division records:
(a) shows no production or injection for past
15 months;
(b) does not have its
well bore plugged in accordance with
19.15.25.9 NMAC through
19.15.25.11 NMAC;
(c) is not in approved temporary abandonment
in accordance with
19.15.25.12 NMAC through
19.15.25.14 NMAC; and
(d) is not subject to an agreed compliance or
final order setting a schedule for bringing the well into compliance with
19.15.25.8
NMAC.
(2) A well inactive
for more than 15 months creates a rebuttable presumption that the well is out
of compliance with
19.15.25.8
NMAC.
Notes
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