N.M. Admin. Code § 20.6.2.5342 - ESTABLISHING PERMIT CONDITIONS
A. In addition to conditions required in
20.6.2.5341 NMAC, the director
shall establish conditions, as required on a case-by-case basis under
Subsection H of
20.6.2.3109 NMAC, Subsection A of
20.6.2.5343 NMAC, and
20.6.2.5344 NMAC. Permits for
owners or operators of hazardous waste injection wells shall also include
conditions meeting the requirements of
20.6.2.5310 NMAC, Paragraphs (1)
and (2) of Subsection A of this section, and
20.6.2.5351 through
20.6.2.5363 NMAC.
(1)
Financial
responsibility.
(a) The permittee,
including the transferor of a permit, is required to demonstrate and maintain
financial responsibility and resources to close, plug, and abandon the
underground injection operation in a manner prescribed by the director until:
(i) the well has been plugged and abandoned
in accordance with an approved plugging and abandonment plan pursuant to
Subsection P of
20.6.2.5341 NMAC, and
20.6.2.5209 NMAC, and submitted a
plugging and abandonment report pursuant to Subsection Q of
20.6.2.5341 NMAC; or
(ii) the well has been converted in
compliance with the requirements of Subsection O of
20.6.2.5341 NMAC; or
(iii) the transferor of a permit has received
notice from the director that the transfer has been approved and that the
transferee's required financial assurance is in place.
(b) The owner or operator of a well injecting
hazardous waste must comply with the financial responsibility requirements of
20.6.2.5320 NMAC.
(2)
Additional
conditions. The director shall impose on a case-by-case basis such
additional conditions as are necessary to prevent the migration of fluids into
groundwater of the state of New Mexico.
B.
Applicable requirements.
(1) In addition to conditions required in all
permits the director shall establish conditions in permits as required on a
case-by-case basis, to provide for and assure compliance with all applicable
requirements of this part.
(2) An
applicable requirement is a state statutory or regulatory requirement which
takes effect prior to final administrative disposition of the permit. An
applicable requirement is also any requirement which takes effect prior to the
modification or revocation and reissuance of a permit.
(3) New or renewed permits, and to the extent
allowed under
20.6.2.3109 NMAC modified or
terminated permits, shall incorporate each of the applicable requirements
referenced in
20.6.2.5342 NMAC.
C.
Incorporation.
All permit conditions shall be incorporated either expressly or by
reference. If incorporated by reference, a specific citation to the applicable
regulations or requirements must be given in the permit.
Notes
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