N.M. Admin. Code § 20.6.2.4105 - EXEMPTIONS FROM ABATEMENT PLAN REQUIREMENTS
A. Except as provided in Subsection B of this
Section, Sections
20.6.2.4104 and
20.6.2.4106 NMAC do not apply to a
person who is abating water pollution :
(1)
from a storage tank, under the authority of the Petroleum Storage Tank
Regulations (20.5 NMAC) adopted by the New Mexico Environmental Improvement
Board , or in accordance with the New Mexico Ground Water Protection
Act ;
(2) under the authority of the
U.S. Environmental Protection Agency pursuant to either the federal
Comprehensive Environmental Response, Compensation and Liability Act , and
amendments, or the Resource Conservation and Recovery Act ;
(3) under the authority of the secretary
pursuant to the Hazardous Waste Management Regulations (20.4.1 NMAC) adopted by
the New Mexico Environmental Improvement Board ;
(4) under the authority of the U.S. Nuclear
Regulatory Commission or the U.S. Department of Energy pursuant to the Atomic
Energy Act ;
(5) from a solid waste
landfill, under the authority of the secretary pursuant to the Solid Waste
Management Regulations (20.9.1 NMAC) adopted by the N.M. Environmental
Improvement Board ;
(6) under the
authority of a ground water discharge plan approved by the secretary , provided
that such abatement is consistent with the requirements and provisions of
Sections 20.6.2.4101, 20.6.2.4103, Subsections C and E of Section 20.6.2.4106,
Sections 20.6.2.4107 and
20.6.2.4112 NMAC;
(7) under the authority of a Letter of
Understanding, Settlement Agreement or Administrative Order on Consent signed
by the secretary prior to December 1, 1995, provided that abatement is being
performed in full compliance with the terms of the Letter of Understanding,
Settlement Agreement or Administrative Order on Consent; and
(8) on an emergency basis, or while abatement
plan approval is pending, or in a manner that will result in compliance with
the standards and requirements set forth in Section
20.6.2.4103 NMAC within one
hundred and eighty (180) days after notice is required to be given pursuant to
Paragraph (1) of Subsection A of Section
20.6.2.1203 NMAC, provided that
the delegated agency does not object to the abatement action pursuant to
Paragraphs (6) and (7) of Subsection A of Section
20.6.2.1203 NMAC.
B. If the secretary determines
that abatement of water pollution subject to Subsection A of this section will
not meet the standards of Subsections A, B, and C of Section
20.6.2.4103 NMAC, or that
additional action is necessary to protect health, welfare, environment or
property, the secretary may notify a responsible person , by certified mail, to
submit an abatement plan pursuant to Section 20.6.2.4104 and Subsection A of
Section 20.6.2.4106 NMAC. The notification
shall state the reasons for the secretary 's determination. In any appeal of the
secretary 's determination under this Section, the secretary shall have the
burden of proof.
C. Sections
20.6.2.4104 and
20.6.2.4106 NMAC do not apply to
the following activities:
(1) Discharges
subject to an effective and enforceable National Pollutant Discharge
Elimination System (NPDES) permit;
(2) Land application of ground water
contaminated with nitrogen originating from human or animal waste and not
otherwise exceeding the standards of Subsection A of Section
20.6.2.3103 NMAC, provided that it
is done in compliance with a discharge plan approved by the
secretary ;
(3) Abatement of water
pollution resulting from the withdrawal and decontamination or blending of
polluted water for use as a public or private drinking-water supply, by any
person other than a responsible person , unless the secretary determines that a
hazard to public health may result; and
(4) Reasonable operation and maintenance of
irrigation and flood control facilities.
Notes
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