N.M. Admin. Code § 20.6.2.5004 - PROHIBITED UNDERGROUND INJECTION CONTROL ACTIVITIES AND WELLS
A. No person shall
perform the following underground injection activities nor operate the
following underground injection control wells.
(1) The injection of fluids into a motor
vehicle waste disposal well is prohibited. Motor vehicle waste disposal wells
are prohibited. Any person operating a new motor vehicle waste disposal well
(for which construction began after April 5, 2000) must close the well
immediately. Any person operating an existing motor vehicle waste disposal well
must cease injection immediately and must close the well by December 31, 2002,
except as provided in this subsection.
(2) The injection of fluids into a large
capacity cesspool is prohibited. Large capacity cesspools are prohibited. Any
person operating a new large capacity cesspool (for which construction began
after April 5, 2000) must close the cesspool immediately. Any person operating
an existing large capacity cesspool must cease injection immediately and must
close the cesspool by December 31, 2002.
(3) The injection of any hazardous or
radioactive waste into a well is prohibited, except as provided in
20.6.2.5300 through 20.6.2.5399
NMAC or this subsection.
(a) Class I
radioactive waste injection wells are prohibited, except naturally-occurring
radioactive material (NORM) regulated under 20.3.1.1407 NMAC is allowed as a
Class I non-hazardous waste injection well pursuant to Paragraph (1) of
Subsection B of
20.6.2.5002 NMAC.
(b) Class IV wells are prohibited, except for
wells re-injecting treated ground water into the same formation from which it
was drawn as part of a removal or remedial action if the injection has prior
approval from the environmental protection agency (EPA ) or the department under
the Comprehensive Environmental Response, Compensation, and Liability Act
(CERCLA) or the Resource Conservation and Recovery Act (RCRA).
(4) Barrier wells, drainage wells,
recharge wells, return flow wells, and motor vehicle waste disposal wells are
prohibited, except when the discharger can demonstrate that the discharge will
not adversely affect the health of persons, and
(a) the injection fluid does not contain a
constituent or exhibit a physical parameter (which could include pH, redox
condition or temperature) which may cause an exceedance at any place of present
or reasonable foreseeable future use of any primary state drinking water
maximum contaminant level as specified in the water supply regulations,
"Drinking Water " (20.7.10 NMAC), adopted by the environmental improvement board
under the Environmental Improvement Act or the standard of
20.6.2.3103 NMAC, whichever is
more stringent;
(b) the discharger
can demonstrate that the injection will result in an overall or net improvement
in water quality as determined by the secretary .
B. Closure of prohibited
underground injection control wells shall be in accordance with
20.6.2.5005 and
20.6.2.5209 NMAC.
Notes
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No prior version found.