N.M. Admin. Code § 20.6.2.5103 - DESIGNATED AQUIFERS FOR CLASS I WELLS AND CLASS III WELLS
A. Any person may
file a written petition with the secretary seeking commission consideration of
certain aquifers or portions of aquifers as "designated aquifers". The purpose
of aquifer designation is:
(1) for Class I
wells, to allow as a result of injection , the addition of water contaminants
into ground water , which before initiation of injection has a concentration
between 5,000 and 10,000 mg/l TDS ; or
(2) for Class III wells, to allow as a result
of injection , the addition of water contaminants into ground water , which
before initiation of injection has a concentration between 5,000 and 10,000
mg/l TDS , and not provide for restoration or complete restoration of that
ground water pursuant to Paragraph (2) of Subsection C of
20.6.2.5101 NMAC.
B. The applicant shall identify
(by narrative description, illustrations, maps or other means) and describe
such aquifers, in geologic and geometric terms (such as vertical and lateral
limits and gradient) which are clear and defnite.
C. An aquifer or portion of an aquifer may be
considered for aquifer designation under Subsection A of this section, if the
applicant demonstrates that the following criteria are met:
(1) it is not currently used as a domestic or
agricultural water supply; and
(2)
there is no reasonable relationship between the economic and social costs of
failure to designate and benefts to be obtained from its use as a domestic or
agricultural water supply because:
(a) it is
situated at a depth or location which makes recovery of water for drinking or
agricultural purposes economically or technologically impractical at present
and in the reasonably foreseeable future; or
(b) it is already so contaminated that it
would be economically or technologically impractical to render that water ft
for human consumption or agricultural use at present and in the reasonably
foreseeable future.
D. The petition shall state the extent to
which injection would add water contaminants to ground water and why the
proposed aquifer designation should be approved. For Class III wells, the
applicant shall state whether and to what extent restoration will be carried
out.
E. The secretary shall either
transmit the petition to the commission within 60 recommending that a public
hearing be held, or refuse to transmit the petition and notify the applicant in
writing citing reasons for such refusal.
F. If the secretary transmits the petition to
the commission , the commission shall review the petition and determine to
either grant or deny a public hearing on the petition. If the commission grants
a public hearing, it shall issue a public notice, including the following
information:
(1) name and address of the
applicant;
(2) location, depth,
TDS , areal extent, general description and common name or other identification
of the aquifer for which designation is sought;
(3) nature of injection and extent to which
the injection will add water contaminants to ground water ; and
(4) address and telephone number at which
interested persons may obtain further information.
G. If the secretary refuses to transmit the
petition to the commission , then the applicant may appeal the secretary 's
disapproval of the proposed aquifer designation to the commission within 30
days, and address the issue of whether the proposed aquifer designation meets
the criteria of Subsections A, B, C, and D of this section.
H. If the commission grants a public hearing,
the hearing shall be held in accordance with the provisions of Section
74-6-6 NMSA 1978.
I. If the commission does not grant a public
hearing on the petition, the aquifer designation shall not be
approved.
J. After public hearing
and consideration of all facts and circumstances included in Section
74-6-4(D) NMSA
1978, the commission may authorize the secretary to approve a proposed
designated aquifer if the commission determines that the criteria of
Subsections A, B, C, and D of this section are met.
K. Approval of a designated aquifer petition
does not alleviate the applicant from complying with other sections of
20.6.2.5000 through 20.6.2.5399
NMAC, or of the responsibility for protection, pursuant to this part, of other
nondesignated aquifers containing ground water having 10,000 mg/l or less
TDS .
L. Persons other than the
petitioner may add water contaminants as a result of injection into an aquifer
designated for injection , provided the person receives a discharge permit
pursuant to the requirements of
20.6.2.5000 through 20.6.2.5399
NMAC. Persons, other than the original petitioner or his designee, requesting
addition of water contaminants as a result of injection into aquifers
previously designated only for injection with partial restoration shall file a
petition with the commission pursuant to the requirements of Subsections A, B,
C, and D of this section.
Notes
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