N.M. Admin. Code § 20.5.118.1803

Current through Register Vol. 35, No. 21, November 5, 2024

Section 20.5.118.1803 - SPILLS AND OVERFILLS

A. Owners and operators of storage tank systems shall contain and immediately clean up a spill or overfill, and report the spill or overfill to the department within 24 hours in accordance with 20.5.118.1800 NMAC except as provided in Subsection C of this section, and begin corrective action in accordance with 20.5.119 and 20.5.120 NMAC in the following cases:

(1) any spill or overfill of petroleum that results in a release to the environment that exceeds 25 gallons, that causes a sheen on nearby surface water, or that creates a vapor hazard pursuant to 20.5.119.1902 NMAC; and

(2) any spill or overfill of a hazardous substance that results in a release to the environment that equals or exceeds its reportable quantity under the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (CERCLA), and 40 CFR part 302.

B. Owners and operators of storage tank systems shall contain and immediately clean up a spill or overfill of petroleum that is less than 25 gallons, and a spill or overfill of a hazardous substance that is less than the reportable quantity. Owners and operators shall notify the department if cleanup cannot be accomplished within 24 hours, or within another reasonable time period which has been established by the department.

C. Pursuant to 40 CFR parts 302.7 and 355.40, owners and operators shall also immediately report a release of a hazardous substance equal to or in excess of its reportable quantity to the national response center under sections 102 and 103 of CERCLA and to appropriate state and local authorities under Title III of the Superfund Amendments and Reauthorization Act of 1986.

[To provide notice to the department under this section, telephone the department staff person currently on duty; to obtain this number, check the petroleum storage tank bureau's pages on the department website.]

N.M. Admin. Code § 20.5.118.1803

Adopted by New Mexico Register, Volume XXIX, Issue 14, July 24, 2018, eff. 7/24/2018