TITLE 40 - PROTECTION OF ENVIRONMENT

CHAPTER I - ENVIRONMENTAL PROTECTION AGENCY

SUBCHAPTER D - WATER PROGRAMS

PART 147 - STATE UNDERGROUND INJECTION CONTROL PROGRAMS

subpart hhh - LANDS OF THE NAVAJO, UTE MOUNTAIN UTE, AND ALL OTHER NEW MEXICO TRIBES

147.3011 - Plugging and abandonment of Class III wells.

To meet the requirements of 146.10(d) of this chapter, owners and operators of Class III uranium projects underlying or in aquifers containing up to 5,000 mg/l TDS which have been exempted under 146.4 of this chapter shall: (a) Include in the required plugging and abandonment plan a plan for aquifer clean-up and monitoring which demonstrates adequate protection of surrounding USDWs.

  (1) The Director shall include in each such permit for a Class III uranium project the concentrations of contaminants to which aquifers must be cleaned up in order to protect surrounding USDWs.

  (2) The concentrations will be set as close as is feasible to the original conditions.

  (b) When requesting permission to plug a well, owners and operators shall submit for the Director's approval a schedule for the proposed aquifer cleanup, in addition to the information required by 146.34(c).

  (c) Cleanup and monitoring shall be continued until the owner or operator certifies that no constituent listed in the permit exceeds the concentrations required by the permit, and the Director notifies the permittee in writing that cleanup activity may be terminated.