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Environmental Handbook - Surface Waste Management Facilities

A commercial surface waste management facility is a facility that receives compensation for collection, disposal, evaporation, remediation, reclamation, treatment, and/or storage of oil field related wastes. A centralized surface waste management facility is a facility that does not receive compensation for waste management, and is used exclusively by one generator subject to New Mexico’s "Oil and Gas Conservation Tax Act" Section 7-30-1 NMSA-1978 as amended; and receives exclusively oil field wastes that are generated from production units or leases the generator, or an affiliate of the generator, operates (for this provision’s purposes, an affiliate of a generator is a person who controls, is controlled by or is under common control with the generator).  A small landfarm is a centralized landfarm of two acres or less that has a total capacity of 2000 cubic yards or less in a single lift of eight inches or less, remains active for a maximum of three years from the date of its registration and that receives only petroleum hydrocarbon-contaminated soils (excluding drill cuttings) that are exempt or non-hazardous waste.  Please click on the following hotlink for a current list of the commercial surface waste management facilities in the State of New Mexico.

To construct and operate a commercial or centralized surface waste management facility, except for small landfarms registered pursuant to Paragraph (1) of Subsection A of 19.15.36.16 NMAC, an application, form C-137, must be filed with the Environmental Bureau in the Oil Conservation Division (OCD) Santa Fe Office as specified under the requirements of 19.15.36 NMAC.  Prior to establishment of a new small landfarm, the operator shall file a form C-137 EZ, small landfarm registration, with the Environmental Bureau in the OCD’s Santa Fe office.  If the operator is not the surface estate owner at the proposed site, the operator shall furnish with its form C-137 EZ its certification it has a written agreement with the surface estate owner authorizing the site’s use for the proposed small landfarm.  The OCD shall issue the operator a registration number no more than 30 days from receipt of the properly completed form.

Financial assurance is required prior to construction of all permitted surface waste management facilities. Centralized surface waste management facilities shall submit acceptable financial assurance in the amount of $25,000 per facility or a statewide “blanket” financial assurance in the amount of $50,000 to cover all of that applicant’s centralized facilities, unless such applicant has previously posted a blanket financial assurance for centralized facilities. Commercial surface waste management facilities, prior to the OCD issuing the permit, the applicant shall submit acceptable financial assurance in the amount of the commercial facility’s estimated closure and post closure cost, or $25,000, whichever is greater.  The financial assurance shall be on OCD-prescribed forms, payable to the State of New Mexico and conditioned upon the surface waste management facility’s proper operation, site closure and post closure monitoring in compliance with State of New Mexico statutes, OCD rules and the surface waste management facility permit terms.

The OCD shall distribute notice of its determination that an application for a new surface waste management facility or for a renewal or major modification of an existing surface waste management facility is administratively complete to persons who have requested notification of division and commission hearing dockets within 30 days following the date that the OCD determines the application to be administratively complete.  The applicant for a new surface waste management facility permit, permit renewal or major modification will issue written public notice of the application, upon receipt of notification of the OCD’s determination that the application is administratively complete.  Within 60 days after the end of the public comment period, the OCD shall issue a tentative decision concerning the application, renewal or modification, including proposed conditions for approval or reasons for disapproval, as applicable.  The OCD shall mail notice of the tentative decision, together with a copy of the decision to the applicant and shall post notice on the OCD’s website, together with a copy of the tentative decision.  Within 30 days after receiving the OCD’s tentative decision, the applicant shall provide public notice of the tentative decision.

 

Surface waste management facilities shall accept only exempt or non-hazardous waste, except as provided in Paragraph (3) of Subsection F of 19.15.36.13 NMAC.  The operator shall not accept hazardous waste at a surface waste management facility.  The operator shall not accept wastes containing regulated naturally occurring radioactive material (NORM) at a surface waste management facility except as provided in Subsection C of 19.15.9.714 NMAC.  The operator shall require the following documentation for accepting oil field wastes, and both the operator and the generator shall maintain and make the documentation available for OCD inspection.

                    (1)     Exempt oil field wastes.  The operator shall require a certification on form C-138, signed by the generator or the generator’s authorized agent, that represents and warrants that the oil field wastes are generated from oil and gas exploration and production operations, are exempt waste and are not mixed with non-exempt waste.  The operator shall have the option to accept such certifications on a monthly, weekly or per load basis.  The operator shall maintain and shall make the certificates available for the OCD’s inspection.

                    (2)     Non-exempt, non-hazardous, oil field wastes.  The operator shall require a form C-138, oil field waste document, signed by the generator or its authorized agent.  This form shall be accompanied by acceptable documentation to determine that the oil field waste is non-hazardous.

                    (3)     Emergency non-oil field wastes.  The operator may accept non-hazardous, non-oil field wastes in an emergency if ordered by the department of public safety.  The operator shall complete a form C-138, oil field waste document, describing the waste, and maintain the same, accompanied by the department of public safety order, subject to OCD inspection.

The person tendering oil field waste for treatment at a landfarm shall certify, on form C-138, that representative samples of the oil field waste have been subjected to the paint filter test and tested for chloride content, and that the samples have been found to conform to these requirements.  The landfarm’s operator shall not accept oil field waste for landfarm treatment unless accompanied by this certification.

Under no circumstance will an OCD regulated surface waste management facility accept hazardous wastes.

Existing permitted surface waste management facilities in operation prior to the effective date of 19.15.36 NMAC pursuant to division permits or orders may continue to operate in accordance with such permits or orders, subject to the following provisions.

              A.              Existing surface waste management facilities shall comply with the operational, waste acceptance and closure requirements provided in 19.15.36 NMAC, except as otherwise specifically provided in the applicable permit or order, or in a specific waiver, exception or agreement that the division has granted in writing to the particular surface waste management facility.

              B.              Major modification of an existing surface waste management facility and a new landfarm cells constructed at an existing surface waste management facility shall comply with the requirements provided in 19.15.36 NMAC.

              C.              The division shall process an application for a surface waste management facility permit filed prior to May 18, 2006 in accordance with 19.15.9.711 NMAC, and an application filed after May 18, 2006 in accordance with 19.15.36 NMAC.

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