N.M. Admin. Code § 20.6.2.7 - DEFINITIONS
The following terms, as used in this part shall have the
following meanings; terms defined in the
A.
Definitions that begin with the
letter "A."
(1)
"abandoned
well " means a well whose use has been permanently discontinued or which
is in a state of disrepair such that it cannot be rehabilitated for its
intended purpose or other purposes including monitoring and
observation;
(2)
"abate " or
"abatement " means the investigation, containment, removal or other
mitigation of water pollution ;
(3)
"abatement plan " means a description of any operational,
monitoring, contingency and closure requirements and conditions for the
prevention, investigation and abatement of water pollution , and includes Stage
1, Stage 2, or Stage 1 and 2 of the abatement plan , as approved by the
secretary ;
(4)
"adjacent
properties " means properties that are contiguous to the discharge site
or property that would be contiguous to the discharge site but for being
separated by a public or private right of way, including roads and
highways.
B.
Definitions that begin with the letter "B." "background " means,
for purposes of ground water abatement plans only and for no other purposes in
this part or any other regulations including but not limited to surface water
standards, the amount of ground water contaminants naturally occurring from
undisturbed geologic sources or water contaminants which the responsible person
establishes are occurring from a source other than the responsible person 's
facility; this definition shall not prevent the secretary from requiring
abatement of commingled plumes of pollution, shall not prevent responsible
persons from seeking contribution or other legal or equitable relief from other
persons, and shall not preclude the secretary from exercising enforcement
authority under any applicable statute, regulation or common law;
C.
Definitions that begin with the
letter "C."
(1)
"casing "
means pipe or tubing of appropriate material, diameter and weight used to
support the sides of a well hole and thus prevent the walls from caving, to
prevent loss of drilling mud into porous ground, or to prevent fluid from
entering or leaving the well other than to or from the injection
zone ;
(2)
"cementing "
means the operation whereby a cementing slurry is pumped into a drilled hole
and/or forced behind the casing ;
(3)
"cesspool" means a
"drywell " that receives untreated domestic liquid waste containing
human excreta, and which sometimes has an open bottom and/or perforated sides;
a large capacity cesspool means a cesspool that receives liquid waste greater
than that regulated by 20.7.3 NMAC;
(4)
"collapse " means the
structural failure of overlying materials caused by removal of underlying
materials;
(5)
"commission " means:
(a) the New
Mexico water quality control commission or
(b) the department , when used in connection
with any administrative and enforcement activity;
(6)
"confining zone " means a
geological formation, group of formations, or part of a formation that is
capable of limiting fluid movement from an injection zone ;
(7)
"conventional mining " means
the production of minerals from an open pit or underground excavation;
underground excavations include mine shafts, workings and air vents, but does
not include excavations primarily caused by in situ extraction
activities;
D.
Definitions that begin with the letter "D."
(1)
"daily composite sample "
means a sample collected over any twenty-four hour period at intervals not to
exceed one hour and obtained by combining equal volumes of the effluent
collected, or means a sample collected in accordance with federal permit
conditions where a permit has been issued under the national pollutant
discharge elimination system or for those facilities which include a waste
stabilization pond in the treatment process where the retention time is greater
than twenty (20) days, means a sample obtained by compositing equal volumes of
at least two grab samples collected within a period of not more than
twenty-four (24) hours;
(2)
"department ", "agency", or "division " means the New
Mexico environment department or a constituent agency designated by the
commission ;
(3)
"discharge
permit " means a discharge plan approved by the department ;
(4)
"discharge permit
modification " means a change to the requirements of a discharge permit
that result from a change in the location of the discharge, a significant
increase in the quantity of the discharge, a significant change in the quality
of the discharge; or as required by the secretary ;
(5)
"discharge permit renewal "
means the re-issuance of a discharge permit for the same, previously permitted
discharge;
(6)
"discharge
plan " means a description of any operational, monitoring, contingency,
and closure requirements and conditions for any discharge of effluent or
leachate which may move directly or indirectly into ground water ;
(7)
"discharge site " means the
entire site where the discharge and associated activities will take
place;
(8)
"disposal "
means to abandon, deposit, inter or otherwise discard a fluid as a final action
after its use has been achieved;
(9)
"domestic liquid waste "
means human excreta and water -carried waste from typical residential plumbing
fixtures and activities, including but not limited to waste from toilets,
sinks, bath fixtures, clothes or dishwashing machines and floor
drains;
(10)
"domestic liquid
waste treatment unit " means a watertight unit designed, constructed and
installed to stabilize only domestic liquid waste and to retain solids
contained in such domestic liquid waste , including but not limited to aerobic
treatment units and septic tanks;
(11)
"drywell " means a well ,
other than an improved sinkhole or subsurface fluid distribution system ,
completed above the water table so that its bottom and sides are typically dry
except when receiving fluids;
E.
Definitions that begin with the
letter "E." "experimental technology " means a technology which has not
been proven feasible under the conditions in which it is being
tested;
F.
Definitions that
begin with the letter "F." "fluid " means material or substance which
flows or moves whether in a semisolid, liquid, sludge, gas, or any other form
or state;
G.
Definitions that
begin with the letter "G." "ground water " means interstitial water which
occurs in saturated earth material and which is capable of entering a well in
sufficient amounts to be utilized as a water supply;
H.
Definitions that begin with the
letter "H." "hazard to public health" exists when water which is used or
is reasonably expected to be used in the future as a human drinking water
supply exceeds at the time and place of such use, one or more of the standards
of Subsection A of
20.6.2.3103 NMAC, or the naturally
occurring concentrations, whichever is higher in determining whether a
discharge would cause a hazard to public health to exist, the secretary shall
investigate and consider the purification and dilution reasonably expected to
occur from the time and place of discharge to the time and place of withdrawal
for use as human drinking water ;
I.
Definitions that begin with the letter "I."
(1)
"improved sinkhole " means a
naturally occurring karst depression or other natural crevice found in volcanic
terrain and other geologic settings which have been modified by man for the
purpose of directing and emplacing fluids into the subsurface;
(2)
"injection " means the
subsurface emplacement of fluids through a well ;
(3)
"injection zone " means a
geological formation, group of formations, or part of a formation receiving
fluids through a well ;
J
Definitions that begin with the
letter "J." [RESERVED]
K.
Definitions that begin with the letter "K." [RESERVED]
L.
Definitions that begin with the
letter "L." [RESERVED]
M.
Definitions that begin with the letter "M." "motor vehicle waste disposal
well " means a well which receives or has received fluids from vehicular
repair or maintenance activities;
N.
Definitions that begin with the
letter "N." "non-aqueous phase liquid " means an interstitial body of
liquid oil, petroleum product, petrochemical, or organic solvent, including an
emulsion containing such material;
O.
Definitions that begin with the
letter "O."
(1)
"operational
area " means a geographic area defined in a project discharge permit
where a group of wells or well fields in close proximity comprise a single
class III well operation;
(2)
"owner of record " means an owner of property according to the
property records of the tax assessor in the county in which the discharge site
is located at the time the application was deemed administratively
complete;
P.
Definitions that begin with the letter "P."
(1)
"packer " means a device
lowered into a well to produce a fluid -tight seal within the casing ;
(2)
"person " means an individual
or any other entity including partnerships, corporation, associations,
responsible business or association agents or officers, the state or a
political subdivision of the state or any agency, department or instrumentality
of the United States and any of its officers, agents or employees;
(3)
"petitioner " means a person
seeking a variance from a regulation of the commission pursuant to Section
74-6-4(H) NMSA
1978;
(4)
"plugging "
means the act or process of stopping the flow of water , oil or gas into or out
of a geological formation, group of formations or part of a formation through a
borehole or well penetrating these geologic units;
(5)
"project discharge permit "
means a discharge permit which describes the operation of similar class III
wells or well fields within one or more individual operational areas;
Q.
Definitions that begin
with the letter "Q." [RESERVED]
R.
Definitions that begin with the
letter "R."
(1)
"refuse "
includes food, swill, carrion, slops and all substances from the preparation,
cooking and consumption of food and from the handling, storage and sale of food
products, the carcasses of animals, junked parts of automobiles and other
machinery, paper, paper cartons, tree branches, yard trimmings, discarded
furniture, cans, oil, ashes, bottles, and all unwholesome material;
(2)
"responsible person " means a
person who is required to submit an abatement plan or who submits an abatement
plan pursuant to this part;
S.
Definitions that begin with the
letter "S."
(1)
"secretary " or "director " means the secretary of the
New Mexico department of environment or the director of a constituent agency
designated by the commission ;
(2)
"sewer system " means pipelines, conduits, pumping stations, force
mains, or other structures, devices, appurtenances or facilities used for
collecting or conducting wastes to an ultimate point for treatment or
disposal ;
(3)
"sewerage
system " means a system for disposing of wastes , either by surface or
underground methods, and includes sewer systems, treatment works, disposal
wells and other systems;
(4)
"significant modification of Stage 2 of the abatement plan " means
a change in the abatement technology used excluding design and operational
parameters, or re-location of 25 percent or more of the compliance sampling
stations, for any single medium, as designated pursuant to Paragraph (4) of
Subsection E of
20.6.2.4106 NMAC;
(5)
"subsurface fluid distribution
system " means an assemblage of perforated pipes, drain tiles, or other
mechanisms intended to distribute fluids below the surface of the
ground;
(6)
"subsurface
water " means ground water and water in the vadose zone that may become
ground water or surface water in the reasonably foreseeable future or may be
utilized by vegetation;
T.
Definitions that begin with the
letter "T."
(1)
"TDS "
means total dissolved solids as determined by the "calculation method" (sum of
constituents), by the "residue on evaporation method at 180 degrees" of the
"U.S. geological survey techniques of water resource
investigations," or by conductivity, as the secretary may
determine;
(2)
"toxic
pollutant " means any water contaminant or combination of the water
contaminants in the list below
(a) acrolein
(CAS 107-02-8)
(b) acrylonitrile
(CAS 107-13-1)
(c) benzene and
alkylbenzenes
(i) benzene (CAS
71-43-2)
(ii) toluene
(methylbenzene) (CAS 108-88-3)
(iii) ethylbenzene (CAS 100-41-4)
(iv) xylenes (dimethyl benzene isomers):
o-xylene (CAS 95-47-6); m-xylene (CAS 108-38-3); and p-xylene (CAS
106-42-3)
(v) styrene
(ethenylbenzene) (CAS 100-42-5)
(d) chlorinated benzenes
(i) monochlorobenzene (CAS
108-90-7)
(ii) 1,2-dichlorobenzene
(ortho-dichlorobenzene) (CAS 95-50-1)
(iii) 1,4-dichlorobenzene
(para-dichlorobenzene) (CAS 106-46-7)
(iv) 1,2,4-trichlorobenzene (CAS 120-82-1)
(v) 1,2,4,5-tetrachlorobenzene
(CAS 95-94-3)
(vi)
pentachlorobenzene (CAS 608-93-5)
(vii) hexachlorobenzene (CAS
118-74-1)
(e)
chlorinated phenols
(i) 2,4-dichlorophenol
(CAS 120-83-2)
(ii)
2,4,5-trichlorophenol (CAS 95-95-4)
(iii) 2,4,6-trichlorophenol (CAS
88-06-2)
(iv) pentachlorophenol
(PCP) (CAS 87-86-5)
(f)
chloroalkyl ethers
(i) bis (2-chloroethyl)
ether (CAS 111-44-4)
(ii) bis
(2-chloroisopropyl) ether (CAS 108-60-1)
(iii) bis (chloromethyl) ether (CAS
542-88-1)
(g)
1,2-dichloropropane (propylene dichloride, PDC) (CAS 78-87-5)
(h) dichloropropenes (CAS 542-75-6)
(i) 1,4-dioxane (CAS
123-91-1)
(j) halogenated ethanes
(i) 1,2-dibromoethane (ethylene dibromide,
EDB) (CAS 106-93-4)
(ii)
1,1-dichloroethane (1,1-DCA) (CAS 75-34-3)
(iii) 1,2-dichloroethane (ethylene
dichloride, EDC) (CAS 107-06-2)
(iv) 1,1,1-trichloroethane (TCA) (CAS
71-55-6)
(v) 1,1,2-trichloroethane
(1,1,2-TCA) (CAS 79-00-5)
(vi)
1,1,2,2-tetrachloroethane (CAS 79-34-5)
(vii) hexachloroethane (CAS
67-72-1)
(k) halogenated
ethenes
(i) chlorothene (vinyl chloride) (CAS
75-01-4)
(ii) 1,1-dichloroethene
(1,1-DCE) (CAS 75-35-4)
(iii)
cis-1,2-dichloroethene (cis-1,2-DCE) (CAS 156-59-2)
(iv) trans-1,2-dichloroethene (trans-1,2-DCE)
(CAS 156-60-5)
(v) trichloroethene
(trichloroethylene, TCE) (CAS 79-01-6)
(vi) tetrachloroethene (perchloroethylene,
PCE) (CAS 127-18-4)
(l)
halogenated methanes
(i) bromodichloromethane
(CAS 75-27-4)
(ii) bromomethane
(CAS 74-83-9)
(iii) chloromethane
(CAS 74-87-3)
(iv)
dichlorodifluoromethane (fluorocarbon-12) (CAS 75-71-8)
(v) dichloromethane (methylene chloride) (CAS
75-09-2)
(vi) tribromomethane
(bromoform) (CAS 75-25-2)
(vii)
trichloromethane (chloroform) (CAS 67-66-3)
(viii) tetrachloromethane (carbon
tetrachloride) (CAS 56-23-5)
(ix)
trichlorofluoromethane (fluorocarbon-11) (CAS 75-69-4)
(m) hexachlorobutadiene (CAS
87-68-3)
(n) isophorone (CAS
78-59-1)
(o) methyl
tertiary-butyl-ether (MTBE) (CAS 1634-04-4)
(p) nitroaromatics and high explosives (HE)
(i) nitrobenzene (CAS 98-95-3)
(ii) 2,4-dinitrotoluene (2,4-DNT) (CAS
121-14-2)
(iii) 2,6-dinitrotoluene
(2,6-DNT) (CAS 606-20-2)
(iv)
octrahydro-1,3,5,7-tetranitro-1,3,5,7-tetrazocine(HMX)(CAS 2691-41-0)
(v) hexahydro-1,3,5-trinitro-1,3,5-triazine
(RDX) (CAS 121-82-4)
(vi)
2,4,6-trinitrotoluene (TNT) (CAS 118-96-7)
(vii) 2,4-dinitro-o-cresol (CAS
534-52-1)
(viii) dinitrophenols
(CAS 51-28-5)
(q)
nitrosamines
(i) N-nitrosodiethylamine (CAS
55-18-5)
(ii)
N-nitrosodimethylamine (CAS 62-75-9)
(iii) N-nitrosodibutylamine (CAS
924-16-3)
(iv)
N-nitrosodiphenylamine (CAS 86-30-6)
(v) N-nitrosopyrrolidine (CAS
930-55-2)
(r)
perchlorate (CAS 14797-73-0)
(s)
perfluorinated-chemicals (PFCs)
(i)
perfluorohexane sulfonic acid (PHHxS) (CAS 355-46-4)
(ii) perfluorooctane sulfonate (PFOS) (CAS
1763-23-1)
(iii) perfluorooctanoic
acid (PFOA) (CAS 335-67-1)
(t) pesticides
(i) Aldrin (CAS 309-00-2)
(ii) atrazine (CAS 1912-24-9)
(iii) chlordane (CAS 57-74-9)
(iv) DDT (CAS 50-29-3)
(v) dieldrin (CAS 60-57-1)
(vi) endosulfan (CAS 115-29-7)
(vii) endrin (CAS 72-20-8)
(viii) heptachlor (CAS 76-44-8)
(ix) hexachlorocyclohexane (HCH, lindane):
alpha-HCH (CAS 319-84-6); beta-HCH (CAS 319-85-7); gamma-HCH (CAS 58-89-9);
and, technical-HCH (CAS 608-73-1)
(x) hexachlorocyclopentadiene (CAS
77-47-4)
(xi) prometon (CAS
1610-18-0)
(xii) toxaphene (CAS
8001-35-2)
(u) phenol
(CAS 108-95-2)
(v) phthalate esters
(i) dibutyl phthalate (CAS 84-74-2)
(ii) di-2-ethylhexyl phthalate (DEHP) (CAS
117-81-7)
(iii) diethyl phthalate
(DEP) (CAS 84-66-2)
(iv) dimethyl
phthalate (DMP) (CAS 131-11-3)
(w) polycyclic compounds
(i) benzidine (CAS 92-87-5)
(ii) dichlorobenzidine (CAS
91-94-1)
(iii) diphenylhydrazine
(CAS 122-66-7
(iv) polychlorinated
biphenyls (PCBs) (CAS 1336-36-3)
(x) polynuclear aromatic hydrocarbons (PAHs)
(i) anthracne (CAS 120-12-7)
(ii) benzo(a)pyrene (CAS 50-32-8)
(iii) 3,4-benzofluoranthene (CAS
205-99-2)
(iv) benzo(k)fluoranthene
(CAS 207-08-9)
(v) fluoranthene
(CAS 206-44-0)
(vi) fluorene (CAS
86-73-7)
(vii) naphthalene (CAS
91-20-3)
(viii) 1-methylnaphthalene
(CAS 90-12-0)
(ix)
2-methylnaphthalene (CAS 91-57-6)
(x) phenanthrene (CAS 85-01-8)
(xi) pyrene (CAS 129-00-0)
(y) thiolane 1,1 dioxide
(sulfolane) (CAS 126-33-0)
U.
Definitions that begin with the
letter "U." [RESERVED]
V.
Definitions that begin with the letter "V." "vadose zone " means
earth material below the land surface and above ground water , or in between
bodies of ground water
W.
Definitions that begin with the letter "W."
(1)
"wastes " means sewage,
industrial wastes , or any other liquid, gaseous or solid substance which will
pollute any waters of the state;
(2)
"water " means all water
including water situated wholly or partly within or bordering upon the state,
whether surface or subsurface, public or private, except private waters that do
not combine with other surface or subsurface water ;
(3)
"water contaminant " means
any substance that could alter if discharged or spilled the physical, chemical,
biological or radiological qualities of water ; "water contaminant " does not
mean source, special nuclear or by-product material as defined by the Atomic
Energy Act of 1954;
(4)
"watercourse " means any river, creek, arroyo, canyon, draw, or
wash, or any other channel having definite banks and beds with visible evidence
of the occasional flow of water ;
(5)
"water pollution " means
introducing or permitting the introduction into water , either directly or
indirectly, of one or more water contaminants in such quantity and of such
duration as may with reasonable probability injure human health, animal or
plant life or property, or to unreasonably interfere with the public welfare or
the use of property;
(6)
"well " means:
(1) A bored,
drilled, or driven shaft;
(2) A dug
hole whose depth is greater than the largest surface dimension;
(3) An improved sinkhole ; or
(4) A subsurface fluid distribution
system ;
(7)
"well
stimulation " means a process used to clean the well , enlarge channels,
and increase pore space in the interval to be injected, thus making it possible
for fluids to move more readily into the injection zone ; well stimulation
includes, but is not limited to, (1) surging, (2) jetting, (3) blasting, (4)
acidizing, (5) hydraulic fracturing.
X.
Definitions that begin with the
letter "X." [RESERVED]
Y.
Definitions that begin with the letter "Y." [RESERVED]
Z.
Definitions that begin with the
letter "Z." [RESERVED]
Notes
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