TITLE 20 ENVIRONMENTAL
PROTECTION
CHAPTER 6 WATER
QUALITY
PART 7 GROUND
WATER PROTECTION - SUPPLEMENTAL PERMITTING REQUIREMENTS FOR COPPER MINE
FACILITIES
20.6.7.1 ISSUING
AGENCY: Water Quality Control Commission.
[20.6.7.1 NMAC - N,
12/1/13]
20.6.7.2 SCOPE: All
persons subject to the Water Quality Act, Sections 74-6-1 NMSA 1978 et seq. and
specifically copper mine facilities and their operations.
[20.6.7.2 NMAC - N,
12/1/13]
20.6.7.3 STATUTORY
AUTHORITY: Standards and regulations are adopted by the
commission under the authority of the Water Quality Act, Sections 74-6-1
through 74-6-17 NMSA 1978.
[20.6.7.3 NMAC - N,
12/1/13]
20.6.7.4 DURATION:
Permanent.
[20.6.7.4 NMAC - N,
12/1/13]
20.6.7.5 EFFECTIVE
DATE: 12/1/13, unless a later date is cited at the
end of a section.
[20.6.7.5 NMAC - N,
12/1/13]
20.6.7.6 OBJECTIVE: The
purpose of 20.6.7 NMAC is to supplement the general permitting requirements of
20.6.2.3000 through 20.6.2.3114 NMAC to control discharges of water
contaminants specific to copper mine facilities and their operations to prevent
water pollution. Compliance with these
rules does not relieve an applicant or permittee of a
copper mine facility from complying with the Mining Act rules in Title 19,
Chapter 10 NMAC under the authority of the mining and minerals division.
[20.6.7.6 NMAC - N,
12/1/13]
20.6.7.7 DEFINITIONS:
A. Terms
defined in the Water Quality Act and 20.6.2.7 NMAC shall have the meanings as
given in such.
B. A term defined
in this part shall have the following meaning.
(1) “Acid mine drainage” means water that is
discharged from an area affected by mining exploration, mining, or reclamation,
with a pH of less than 5.5 and in which total acidity exceeds total alkalinity
as defined by the latest edition of standard
methods for the examination of water and wastewater.
(2) “Additional conditions” means conditions
and requirements included in a discharge permit pursuant to Subsection D of
Section 74-6-5 NMSA 1978 that are based on site specific circumstances and that
are in addition to those imposed in the rules of the commission.
(3) “Applicable standards” means the standards
set forth in 20.6.2.3103 NMAC; the background concentration approved by the
department; or, any alternative abatement standard approved by the commission
pursuant to Subsection F of 20.6.2.4103 NMAC.
(4) “Applicant” means the person applying for
a new, renewed, modified, or amended discharge permit.
(5) “Area of open pit hydrologic containment”
means, for an open pit that intercepts the water table, the area where ground
water drains to the open pit and is removed by evaporation or pumping, and is
interior to the department approved monitoring well network installed around
the perimeter of an open pit pursuant to Paragraph (4) of Subsection B of
20.6.7.28 NMAC and also limited to the area of disturbance authorized by a
discharge permit.
(6) “As-built drawings” means engineering
drawings which portray units as constructed.
(7) “Background” means the concentration of
water contaminants naturally occurring from undisturbed geologic sources of
water contaminants.
(8) “Below-grade tank” means a tank including
sumps where a portion of the tank’s side walls is below the surrounding ground
surface elevation. A below-grade tank
does not include an above ground tank that is located at or above the surrounding
ground surface elevation and is surrounded by berms.
(9) “Closure” means all activities that
are required pursuant to 20.6.7.33 NMAC
through 20.6.7.35 NMAC and an approved discharge permit to monitor, minimize,
control, mitigate, prevent or abate water pollution associated with a copper
mine facility after operations at the copper mine facility, or at an individual
unit within the copper mine facility, have ceased.
(10) “Construction quality assurance” or “CQA”
means a planned system of activities necessary to ensure that standards and
procedures are adhered to and that construction and installation meet design
criteria, plans and specifications. A
CQA includes inspections, verifications, audits, evaluations of material and
workmanship necessary to determine and document the quality of the constructed
impoundment or structure, and corrective actions when necessary.
(11) “Construction quality control” or “CQC”
means a planned system of operational techniques and activities used to
preserve the quality of materials and ensure construction to
specifications. Elements of a CQC
include inspections, testing, data collection, data analysis and appropriate
corrective actions.
(12)
“CQA/CQC report” means a report that summarizes all inspection, testing,
data collection, data analysis and any corrective actions completed as part of
CQA or CQC for a project.
(13) “Copper mine facility” means all areas
within which copper mining and its related activities that may discharge water
contaminants occurs and where the discharge will or does take place including,
but not limited to open pits; waste rock piles; ore stockpiles; leaching
operations; solution extraction and electrowinning
plants; ore crushing, ore milling, ore concentrators; tailings impoundments;
smelters; pipeline systems, tanks or impoundments used to convey or store
process water, tailings or impacted stormwater;
and truck or equipment washing units.
(14) “Copper mine rule” means 20.6.7 NMAC, as
amended.
(15) “Cover system” means any engineered or
constructed system designed as a source control measure to minimize to the
maximum extent practicable the ingress of water or oxygen into a waste rock
pile, leach stockpile or tailing material.
A cover system may be comprised of a monolithic layer of, or any
combination of, earthen materials, synthetic materials, vegetation, and
amendments.
(16) “Critical structure” means earthen or rock
structures or embankments (such as an outslope of a
rock stockpile), that are likely to cause an exceedance
of applicable groundwater standards or undue risk to property in the event of a
significant unexpected slope movement.
(17) “Date of postal notice” means the date
when the United States postal service first makes notice to the applicant or permittee of its possession of certified mail addressed to
the applicant or permittee.
(18) “Discharge” means spilling, leaking,
pumping, pouring, emitting, or dumping of a water contaminant in a location and
manner where there is a reasonable probability that the water contaminant may
reach ground water.
(19) “Discharge permit amendment” means a minor
modification of a discharge permit that does not result in a significant change
in the location of a discharge, an increase in daily discharge volume of
greater than 10% of the original daily discharge volume approved in an existing
discharge permit for an individual discharge location, a significant increase
in the concentration of water contaminants discharged, or introduction of a new
water contaminant discharged.
(20)
“Discharge volume” means the volume of discharged process water,
impacted stormwater or tailings measured at a
specific point at the copper mine facility over a specified period of time.
(21) “Existing copper mine facility” means a
copper mine facility operating under an approved discharge permit as of the
effective date of the copper mine rule.
Existing copper mine facility includes a copper mine covered under an
approved discharge permit as of the effective date of the copper mine rule that
is on standby status in accordance with mining and minerals division rules.
(22) “Existing impoundment” means an
impoundment that is currently receiving or has ever received process water or
collected impacted stormwater and that has not been
closed pursuant to a discharge permit.
(23) “Expiration” means the date upon which the
term of a discharge permit ends.
(24) “Factor of safety” means, for slope
stability purposes, the ratio of the resisting forces to the driving forces.
(25) “Final CQA report” means a report prepared
by the CQA officer that includes as-built drawings and a detailed description
of the installation methods and procedures that document that the work was
conducted as designed.
(26) “Flow meter” means a measuring device or
structure used to measure the volume of water, process water, tailings or stormwater that passes a particular reference section in a
unit of time.
(27) “Freeboard” means the vertical distance
between the elevation at the lowest point of the top inside edge of the
impoundment and the design high water elevation of the water level in the
impoundment.
(28)
“Highway” means any public road operated and maintained by the local,
county, state or federal government.
(29) “Impacted stormwater”
means direct precipitation and runoff that comes into contact with water
contaminants within a copper mine facility which causes the stormwater
to exceed one or more of the standards of 20.6.2.3103 NMAC and includes
overflow from a primary process solution impoundment or other collection system
resulting from a precipitation event.
(30) “Impoundment” means any structure designed
and used for storage or containment of mine process water, or impacted stormwater, or used for solids settling, excluding a
tailings impoundment. A process water or
stormwater transfer sump or a tank, below-grade tank,
drum or pit bottom is not an impoundment.
(31) “Interbench slope” means the outslope
surface between terrace benches or between a terrace bench and any engineered
conveyance system (i.e., a system to divert runoff).
(32) “Large copper mine facility” means a
copper mine facility that has disturbed or is proposing to disturb an area of
1500 acres or greater.
(33) “Leach stockpile” means stockpiles of ore
and all other rock piles associated with mining disturbances that have been
leached, are currently being leached or have been placed in a pile for the
purpose of being leached.
(34) “Liner system” means an engineered system
required by the copper mine rule for the containment, management or storage of
process water, leach stockpile material, waste rock, tailings or other
materials that have the potential to generate water contaminants including all
constructed elements of the system and may include the subgrade, liner bedding,
leak detection systems, synthetic liners, earthen liners, overliners,
solution collection systems, anchor trenches, and berms, or other system
elements, as applicable.
(35) “Maximum daily discharge volume” means the
total daily volume of process water (expressed in gallons per day) or tailings
(expressed in tons per day) authorized for discharge by a discharge permit.
(36) “Medium copper mine facility” means a
copper mine facility that has disturbed or is proposing to disturb an area of a
minimum of 500 acres but less than 1500 acres.
(37) “Mining and minerals division” means the
mining and minerals division of the New Mexico energy, minerals, and natural
resources department.
(38) “Mining Act” means the New Mexico Mining
Act, Sections 69-36-1 through 69-36-20, NMSA 1978.
(39) “New copper mine facility” means a copper
mine facility that is not operating under an approved discharge permit as of
the effective date of the copper mine rule.
(40) “Non-impacted stormwater”
means stormwater run-off generated as a result of
direct precipitation at a copper mine facility that does not exceed the
standards of 20.6.2.3103 NMAC.
(41) “Open pit” means the area within which ore
and waste rock are exposed and removed by surface mining.
(42) “Open pit surface drainage area” means the
area in which storm water drains into an open pit and cannot feasibly be
diverted by gravity outside the pit perimeter, and the underlying ground water
is hydrologically contained by pumping or evaporation
of water from the open pit.
(43)
“Operator” means the person or persons responsible for the overall
operations of a copper mine facility.
(44) “Outslope” means
the sloped perimeter of waste rock piles, leach stockpiles and tailings
impoundments.
(45) “Owner” means the person or persons who
own all or part of a copper mine facility.
(46) “Permittee”
means a person who is issued or receives by transfer a discharge permit for a
copper mine facility, the holder of an expired discharge permit, or, in the
absence of a discharge permit, a person who makes or controls a discharge at a
copper mine facility.
(47) “Pipeline corridor” means a constructed
pathway that contains concentrate, tailing or process water pipelines,
associated spill containment structures, the pipeline subgrade and access
roads.
(48) “Pipeline system” means one or more
pipelines and associated structures used to transport process water,
concentrate, slurry, tailing or impacted stormwater.
(49) “PLS” means pregnant leach solution that
is generated from leaching ore or rock stockpiles.
(50) “Process water” means any water containing
water contaminants in excess of the standards of 20.6.2.3103 NMAC that is
generated, managed or used within a copper mine facility including raffinate; PLS; leachate collected from waste rock
stockpiles, leach stockpiles, and tailings impoundments; tailings decant water;
pit dewatering water; intercepted ground water, laboratory or other waste
discharges containing water contaminants; and domestic wastes mixed with
process water.
(51) “Seepage” means leachate that is
discharged from a waste rock stockpile or tailing impoundment and emerges above
or at the ground surface or that is present in the vadose
zone and may be captured prior to entering ground water.
(52) “Slag” means a partially vitreous
by-product of the process of smelting ore.
(53) “Slope angle” means the horizontal run
distance divided by the vertical rise, measured along the steepest gradient of
the interbench slope’s physical surface (for example,
a 2.5:1 slope refers to 2.5 horizontal and 1 vertical).
(54) “Small copper mine facility” means a
copper mine facility that has disturbed or is proposing to disturb less than
500 acres and that does not contain tailings impoundments or leach stockpiles.
(55) “Spillway” means a structure used for
controlled releases from a stormwater or process
water impoundment, in a manner that protects the structural integrity of the
impoundment.
(56) “Stormwater”
means all direct precipitation and runoff generated within a copper mine
facility from a storm event.
(57) “Surface water(s) of the state” means all
surface waters as defined in 20.6.4.7 NMAC.
(58) “SX/EW” means solution extraction and electrowinning.
(59) “Tailings” means finely crushed and ground
rock residue and associated fluids discharged from an ore milling, flotation
beneficiation and concentrating process.
(60) “Tailings impoundment” means an
impoundment that is the final repository of tailings.
(61) “Unauthorized discharge” means a release
of process water, tailings, leachate or seepage from individual copper mine
facility components, impacted stormwater or other substances
containing water contaminants not approved by a discharge permit.
(62) “Underground mine” means the below-surface
mine workings within which ore and waste rock are removed.
(63) “Unit” means a component of a mining
operation including but not limited to processing, leaching, excavation,
storage, stockpile or waste units.
(64) “Variance” means a commission order
establishing requirements for a copper mine facility or a portion of a copper
mine facility that are different than the requirements in the copper mine rule.
(65) “Waste rock” means all material excavated
from a copper mine facility that is not ore or clean top soil.
[20.6.7.7 NMAC - N,
12/1/13]
20.6.7.8 REQUIREMENTS
FOR DISCHARGING FROM COPPER MINE FACILITIES:
A. No
person shall discharge effluent or leachate from a copper mine facility so that
it may move directly or indirectly into ground water without a discharge permit
approved by the department. A person
intending to discharge from a copper mine facility shall submit an application
for a discharge permit pursuant to 20.6.7.10 NMAC and remit fees pursuant to
20.6.7.9 NMAC.
B. Permittees, owners of a copper mine facility and
holders of an expired permit are responsible for complying with the copper mine
rule.
C. Unless
otherwise noted in 20.6.7 NMAC, the requirements of 20.6.2.3101 through
20.6.2.3114 NMAC apply to a copper mine facility.
D. Compliance with
commission rules including the requirements of 20.6.7 NMAC does not relieve a
copper mine facility owner, operator or permittee
from complying with the requirements of other applicable local, state and
federal regulations or laws.
[20.6.7.8 NMAC - N,
12/1/13]
20.6.7.9 FEES: An
applicant or permittee shall pay fees to the
department’s water quality management fund pursuant to this section in lieu of
20.6.2.3114 NMAC.
A. The
permittee of a copper mine shall remit an annual
permit fee as follows: large copper mines, one hundred and twenty-five thousand
dollars ($125,000); medium copper mines, sixty-two thousand and five hundred
dollars ($62,500); and small copper mines, twelve thousand and five hundred
dollars ($12,500). Annual permit fees
shall be due each August 1 after the effective date of the discharge permit
until the discharge permit is terminated.
B. An
applicant for a discharge permit, a discharge permit renewal, discharge permit
renewal and modification, or discharge permit modification for a copper mine
facility shall remit an application fee of one thousand dollars ($1,000). The application fee is not refundable and may
not be applied toward future discharge permit applications.
C. A
permittee requesting a discharge permit amendment
separate from a discharge permit renewal or modification shall remit with the
request a discharge permit amendment fee of five hundred dollars ($500). The permit amendment fee is not refundable
and may not be applied toward future discharge permit applications or
amendments.
D. A permittee requesting temporary permission
to discharge pursuant to Subsection B of 20.6.2.3106 NMAC shall remit with the
request a temporary permission fee of one thousand dollars ($1,000). The temporary permission fee is not
refundable and may not be applied toward future discharge permit applications
or requests for temporary permission to discharge.
[20.6.7.9 NMAC - N,
12/1/13]
20.6.7.10 GENERAL
APPLICATION REQUIREMENTS FOR ALL COPPER MINE FACILITIES: This
section specifies the general requirements for discharge permit applications
for all types of copper mine facilities.
A. Before
submitting an initial application for a new copper mine facility, a prospective
applicant shall schedule a pre-application meeting with the department to
discuss the proposed location of the copper mine facility and individual units,
the operating plans for the proposed process units, the physical
characteristics of the copper mine facility’s proposed site and other
information that is required to be submitted in an application for a discharge
permit. The pre-application meeting
shall be held in Santa Fe, unless otherwise agreed to by the department. The pre-application meeting should occur no
less than 60 days before the submission of the application except as approved
by the department.
B. Instead
of the information required by Subsection C of 20.6.2.3106 NMAC, an applicant
shall provide information and supporting technical documentation pursuant to
this section and 20.6.7.11 NMAC.
C. Notwithstanding
Subsection F of 20.6.2.3106 NMAC, a permittee shall
submit an application for renewal of a discharge permit for a copper mine
facility or a unit of the copper mine facility to the department at least 270
days before the discharge permit expiration date, unless closure of the copper
mine facility is approved by the department before that date.
D. For a copper mine facility that has been
issued a discharge permit but has not been constructed or operated, a permittee shall submit to the department at least 270 days
before the discharge permit expiration date an application for renewal pursuant
to Subsection B of this section or a statement certifying that the copper mine
facility has not been and will not be constructed and that no discharges have
occurred or will occur. Upon the
department’s verification of the certification, the department shall terminate
the discharge permit, if necessary, and retire the discharge permit number from
use.
E. An
application for a new, renewed, or modified discharge permit for a copper mine
facility shall include the information and supporting documentation required by
this section except that previously submitted materials may be included by
reference in discharge permit renewal or modification applications provided
that the materials are current, readily available to the secretary and
sufficiently identified to be retrieved.
The applicant shall attest to the truth of the information and
supporting documentation in the application.
The applicant shall provide to the department a hard copy (paper format)
of the original signed completed application and all supporting
documentation. The applicant shall also
provide an electronic copy of the original signed application and all
supporting documentation in portable document format (PDF) on a compact disc
(CD) or digital versatile disc (DVD) or other format approved by the
department.
F. Within
90 days of the department notifying the applicant in writing that the
application is deemed administratively complete pursuant to Subsection A of
20.6.2.3108 NMAC, the department shall review the application for technical
completeness and shall issue a written notice by certified mail to the
applicant indicating whether the application is technically complete or is
deemed to be deficient. An application
must include the information required by Subsection B of this section to be
deemed technically complete.
G. If
the department determines that an application is technically deficient, the
applicant shall have 60 days from the date of postal notice of the technical
deficiency notification to provide the information required by this
section. Upon request by the applicant
and for good cause shown, the department may grant one or more extensions of
time for the applicant to provide the information required by the technical
deficiency notification.
(1) If an applicant for a new discharge permit
does not provide all information required by this section to the department
within 60 days of the date of postal notice of the technical deficiency, or
within any extension granted by the department, the department may deny the
application. The department shall
provide notice of denial to the applicant by certified mail.
(2) If an applicant for a renewed or modified
discharge permit does not provide all information required by this section to
the department within 60 days of the date of postal notice of the technical
deficiency, or within any extension granted by the department, the department
may deny the application or may propose a discharge permit for approval
consistent with the requirements of the copper mine rule. If the department denies the application, the
department shall provide notice of denial to the applicant by certified mail.
(3) An applicant may supplement an application
at any time during the technical review period.
The department shall review the information for technical completeness
within 90 days of receipt.
H. Within 90 days
after an application is deemed technically complete or all information has been
submitted to the department pursuant to a technical deficiency notification,
the department shall make available a proposed approval of a discharge permit
and a draft discharge permit or a notice of denial of a discharge permit
application pursuant to Subsection H of 20.6.2.3108 NMAC and provide a copy to
the mining and minerals division. The
draft discharge permit shall contain applicable conditions specified in the
copper mine rule, any conditions based on a variance issued for the copper mine
facility pursuant to 20.6.2.1210 NMAC, and any additional conditions imposed
under Subsection I of this section.
Requests for a hearing on the proposed approval of a discharge permit or
denial of a discharge permit shall be submitted to the department pursuant to
Subsection K of 20.6.2.3108 NMAC.
I. The department may impose additional conditions on a discharge permit
in accordance with Section 74-6-5 NMSA 1978.
If the department proposes an additional condition in a discharge permit
that is not included in the copper mine rule, the department shall include a
written explanation of the reason for the additional condition with the copy of
the draft permit and proposed approval sent to the applicant pursuant to
Subsection H of 20.6.2.3108 NMAC.
Pursuant to subsection K of 20.6.2.3108 NMAC, written comments regarding
the additional condition may be submitted to the department during the comment
period and a hearing may be requested regarding the additional conditions.
J. The secretary
shall approve a discharge permit provided that it poses neither a hazard to
public health nor undue risk to property, and:
(1) the requirements of the copper mine rule
are met;
(2) the
provisions of 20.6.2.3109 NMAC are met, with the exception of Subsection C of
20.6.2.3109 NMAC; and
(3) the denial of an application for a
discharge permit is not required pursuant to Subsection E of Section 74-6-5
NMSA 1978.
[20.6.7.10 NMAC - N,
12/1/13]
20.6.7.11 APPLICATION
REQUIREMENTS FOR DISCHARGE PERMITS FOR A COPPER MINE FACILITY:
A. An application
for a new discharge permit or a renewal of an existing discharge permit shall
include the applicable information in this section. An application for a modification of an
existing discharge permit shall include the information in this section
relevant to the proposed modification but need not include information listed
in this section if the information was submitted to the department in the prior
discharge permit application and the information has not changed since the
discharge permit was issued. The
department may require separate operational and closure discharge permits, or
may combine operational and closure requirements in the same permit.
B. Contact information.
An application shall include:
(1) applicant’s name, title and affiliation
with the copper mine facility, mailing address, and telephone number;
(2) the name, mailing address and telephone
number of each owner and operator of the copper mine facility;
(3) if different than the applicant, the
application preparer’s name, title and affiliation with the copper mine
facility, mailing address, telephone number and signature;
(4) the mailing address and telephone number
of any independent contractor authorized to assist the copper mine facility
with compliance with the Water Quality Act and 20.6.2 NMAC and 20.6.7 NMAC; and
(5) if the person submitting the application
is not the owner or operator of the copper mine facility, a certification that
the person is duly authorized to submit the application on behalf of the owner
or operator.
C. Ownership and real property agreements.
(1) An application shall include the copper
mine facility owner’s name, title, mailing address and phone number.
(a) If more than one person has an ownership
interest in the copper mine facility or a partnership exists, then the
applicant shall list all persons having an ownership interest in the copper
mine facility, including their names, titles, mailing addresses and telephone
numbers.
(b) If any corporate entity holds an ownership
interest in the copper mine facility, the applicant shall also list the
name(s), as filed with the New Mexico public regulation commission, of the
corporate entity, and the corporate entity’s registered agent’s name and
address.
(2) If the applicant is not the owner of the
real property upon which the copper mine facility is or will be situated, or
upon which the discharge will occur, the applicant shall submit the name,
address and telephone number of the owner(s), and a notarized statement from
the owner which authorizes the use of the real property for the duration of the
term of the requested permit. In the
event the property is under federal or state ownership the applicant shall provide
other evidence of authorization to enter public lands for mining.
D. Setbacks. An
application for a new copper mine facility shall include a scaled map of the
proposed copper mine facility layout demonstrating that the copper mine
facility meets the setback requirements of 20.6.7.19 NMAC.
E. Copper mine facility information and
location. An application shall
include:
(1) the copper mine facility name, physical
address and county;
(2) the township, range and section for the
entire copper mine facility; and
(3) the total acreage of the copper mine
facility.
F. Public notice preparation.
(1) An application for a new, modified or
renewed and modified discharge permit shall include the name of a newspaper of
general circulation in the location of the copper mine facility for the display
advertisement publication, the proposed public location(s) for posting of the
2-foot by 3-foot sign, and the proposed off-site public location for posting of
the additional notice, as required by Subsection B of 20.6.2.3108 NMAC.
(2) An application for a renewed discharge
permit that does not seek a discharge permit modification shall include the
name of a newspaper of general circulation in the location of the copper mine
facility for the future display advertisement publication as required by
Subsection C of 20.6.2.3108 NMAC.
G. Pre-discharge total dissolved solids
concentration in ground water. An
application shall include the pre-discharge total dissolved solids
concentration, or range of concentration, from analytical results of ground
water obtained from on-site test data from the aquifer(s) that may be affected
by discharges from the copper mine facility.
A copy of the laboratory analysis stating the pre-discharge total
dissolved solids concentration shall be submitted with the application.
H. Determination of maximum daily discharge
volume. An application shall include
the following information.
(1) The proposed maximum daily discharge
volume of process water and tailings for each discharge location and a
description of the discharge locations and the methods and calculations used to
determine that volume.
(2) The identification of all sources of
process water and tailings.
(3) The estimated daily volume of process
water and tailings generated.
(4) Information regarding other waste
discharges (i.e., domestic or industrial) at the copper mine facility. Permit identification numbers shall be
submitted for those discharges that are already permitted.
I. Process water and tailings quality. An application shall include estimated
concentrations of process water and tailings slurry quality for the
constituents identified in 20.6.2.3103 NMAC including the basis for these
estimations.
J. Identification and physical description of
the copper mine facility. An
application shall include the following information;
(1) a scaled map of the entire existing or
proposed copper mine facility showing the location of all features identified
in Paragraphs (2) through (11) of this subsection; the map shall be clear and
legible, and drawn to a scale such that all necessary information is plainly
shown and identified; the map shall show the scale in feet or metric measure, a
graphical scale, a north arrow, and the effective date of the map; multiple
maps showing different portions of the copper mine facility may be provided
using different scales as appropriate; documentation identifying the means used
to locate the mapped objects (i.e., global positioning system (GPS), land survey,
digital map interpolation, etc.) and the relative accuracy of the data (i.e.,
within a specified distance expressed in feet or meters) shall be included with
the map; any object that cannot be directly shown due to its location inside of
existing structures, or because it is buried without surface identification,
shall be identified on the map in a schematic format and identified as such;
(2) a description of each existing or proposed
tailing impoundment, leach stockpile, process water and impacted stormwater impoundment, waste rock stockpile, and slag
including information about its location, purpose, liner material, storage or
disposal capacity, and the methods proposed or used to prevent pollution of
ground water;
(3)
a description of each existing or proposed open pit and underground mine
within the proposed copper mine facility and information about its location,
depth, size, and acreage;
(4) a description of each existing or proposed
material handling and processing unit including crushing, milling,
concentrating, smelting and SX/EW units within the copper mine facility, and
information about its location and proposed methods of process water handling
and disposal;
(5)
a description of existing or proposed sumps, tanks, pipelines and truck
and equipment wash units, including information for each unit regarding its
location, purpose, construction material, dimensions and capacity; for portable
tanks or pipelines or those subject to periodic relocation, identify the areas
within which they may be used;
(6) a description of the proposed method(s) to
manage stormwater runoff and run-on to minimize
leachate that may be discharged;
(7) a description of water wells and
monitoring wells, including information for each well regarding its location,
construction material, dimensions and capacity;
(8) a description of flow meters required
pursuant to the copper mine rule or a discharge permit and fixed pumps for
discharge of process water, tailings and impacted stormwater;
(9) a description of any surface water(s) of
the state and any other springs, seeps, ditch irrigation systems, acequias, and irrigation canals and drains located within
the boundary of the copper mine facility;
(10) a description of proposed sampling
locations; and
(11) a description of all septic tanks and leachfields used for the disposal of domestic wastes.
K. Surface soil survey, geology and hydrology. An application shall include:
(1) the most recent regional soil survey map
and associated descriptions identifying surface soil type(s);
(2) a geologic map covering the area within a
one-mile radius of the copper mine facility and geologic and lithological
information which provides a geologic profile of the subsurface conditions
beneath the copper mine site, including the thickness of each geologic unit,
identification of which geologic units are water bearing, cross sectional
diagrams and sources of all such information; and
(3) hydrologic information on any surface
waters of the state within one-half mile of the boundary of the copper mine
facility, and of subsurface conditions for all water bearing zones beneath the
copper mine facility including maximum and minimum depths to ground water,
direction of ground water flow, hydrologic gradients shown by potentiometric
maps, transmissivity and storativity,
and ground water quality; the sources of all such information shall be provided
with the application.
L. Location map. An application shall include a location map
with topographic surface contours identifying all of the following features
located within a one-mile radius of the copper mine facility:
(1) watercourses, lakebeds, sinkholes, playa
lakes, seeps and springs (springs used to provide water for human consumption
shall be so denoted);
(2) wells supplying water for a public water
system and private domestic water wells;
(3) irrigation and other water supply wells;
and
(4) ditch irrigations systems, acequias, irrigation canals and drains.
M. Flood zone map. An application shall include, if available,
the most recent 100-year flood zone map developed by the federal emergency
management administration (FEMA), flood insurance rate map or other flood
boundary and floodway map with the copper mine clearly identified along with
all 100-year frequency flood zones for the copper mine facility, and a
description of any engineered measures used for flood protection.
N. Engineering design, construction and
surveying. Pursuant to 20.6.7.17,
20.6.7.18, 20.6.7.20, 20.6.7.21, 20.6.7.22, 20.6.7.23 and 20.6.7.26 NMAC an
application shall include:
(1) plans and specifications for proposed new
or modified tailings impoundments, leach stockpiles, waste rock stockpiles, and
process water and impacted stormwater impoundments
and associated liners;
(2) plans and specifications for proposed new
or modified tanks, pipelines, truck and equipment wash units and other
containment systems; and
(3) a stormwater
management plan.
O. Material characterization plan and material
handling plan. An application shall
include a material characterization plan and, if applicable, a material
handling plan for all waste rock excavated at the copper mine facility pursuant
to Subsection A of 20.6.7.21 NMAC.
P. Hydrologic
conceptual model. An application for
a discharge permit for a new copper mine facility shall include a site
hydrologic conceptual model providing:
(1) a description of the hydrogeologic
setting at the copper mine facility including ground water potentiometric maps,
surface water drainages and flows, types of ground water and surface water
recharge and its distribution, and hydrologic boundary conditions and divides;
(2) the site hydrogeologic
setting relative to both local and regional hydrology and geology including
appropriate cross-sectional diagrams depicting major geologic formations and
structures, aquifers, and ground water depths;
(3) potential sources of water contaminants
including discharge types and their locations;
(4) potential pathways for migration of water
contaminants to ground water and surface water; and
(5) any surface waters of the state that are
gaining because of inflow of ground water that may be affected by water
contaminants discharged from the copper mine facility.
Q. Waste minimization plan. An application shall include a waste
minimization plan to implement, as practicable, best management practices for
minimization and recycling of process water and wastes generated at the copper
mine facility to reduce the potential for impacts to ground water.
R. Monitoring wells. An application shall include the location of
all existing and proposed ground water monitoring wells pursuant to 20.6.7.28
NMAC.
S. Flow metering. An application shall describe a copper mine
facility’s flow metering system pursuant to Paragraph (5) of Subsection C of
20.6.7.17 NMAC, Subsection E of 20.6.7.18 NMAC, and Subsections C and E of
20.6.7.29 NMAC, including:
(1) the method(s) (i.e., pumped versus gravity
flow) of process water discharge and stormwater
transfer and handling;
(2) the proposed flow measurement devices for
each flow method and information about its type and capacity; and
(3) the location of all existing and proposed
flow meters required pursuant to the copper mine rule or a discharge permit.
T. Closure plan. An application shall include a closure plan
for all portions of a copper mine facility pursuant to Subsection A of
20.6.7.18 NMAC, 20.6.7.33 NMAC, 20.6.7.34 NMAC and 20.6.7.35 NMAC unless
closure of the copper mine facility is covered, or will be covered, by a
separate closure discharge permit.
U. Financial assurance. An application shall include a proposal for
financial assurance for those portions of a copper mine facility to be
reclaimed in accordance with a closure plan submitted pursuant to Subsection A
of 20.6.7.18 NMAC, 20.6.7.33 NMAC, 20.6.7.34 NMAC and 20.6.7.35 NMAC.
V. Variances. An application shall identify any issued or proposed
variances for the copper mine facility pursuant to 20.6.2.1210 NMAC and the
sections of the copper mine rule affected by the variance(s).
W. Meteorological data. An application shall include a plan to
measure meteorological data at sites throughout the copper mine facility
including precipitation, temperature, relative humidity, solar radiation, wind
speed and wind direction.
[20.6.7.11 NMAC - N,
12/1/13]
20.6.7.12 [RESERVED]
20.6.7.13 [RESERVED]
20.6.7.14 REQUIREMENTS
FOR A DISCHARGE PERMIT AMENDMENT:
A. A permittee may submit a request for a
discharge permit amendment to the department at any time during the term of an
approved discharge permit.
B. A permittee shall remit a fee pursuant to Subsection
C of 20.6.7.9 NMAC with the request for a discharge permit amendment.
C. A discharge permit amendment shall be administratively reviewed and
evaluated by the department and is not subject to public notice or a public
hearing.
D. The department shall approve, disapprove or request additional
information necessary for a determination regarding a discharge permit
amendment within 30 days of receipt of a request.
E. The department
shall provide notice of all discharge permit amendment approvals or denials to
those persons on the copper mine facility-specific list maintained by the
department who have requested notice of discharge permit applications.
[20.6.7.14 NMAC - N,
12/1/13]
20.6.7.15 [RESERVED]
20.6.7.16 [RESERVED]
20.6.7.17 GENERAL
ENGINEERING AND SURVEYING REQUIREMENTS:
A. Practice of engineering. All
plans, designs, drawings, reports and specifications required by the copper mine rule that require
the practice of engineering shall bear the seal and signature of a licensed New
Mexico professional engineer pursuant to the New Mexico Engineering and
Surveying Practice Act, Sections 61-23-1 through 61-23-33, NMSA 1978, and the
rules promulgated under that authority.
B. Practice of surveying. All plans, drawings and reports required by
the copper mine rule that require the practice of surveying shall bear the seal
and signature of a licensed New Mexico professional surveyor pursuant to the
New Mexico Engineering and Surveying Practice Act, Sections 61-23-1 through
61-23-33, NMSA 1978, and the rules promulgated under that authority.
C. Engineering plans and specifications
requirements. The following engineering plans and
specifications and associated requirements shall be submitted to the department
for approval with an application for a new, renewed or modified discharge
permit, as applicable.
(1) Liner
system plans and specifications. An
applicant or permittee proposing or required to
construct a new or improve an existing liner system required by the copper mine
rule or an existing discharge permit, including the repair, modification or
replacement of a liner system, shall include the following elements in all
liner system plans and specifications submitted to the department.
(a) Construction
plans and specifications. Detailed
and complete construction plans and
specifications and supporting design calculations developed pursuant to
this section and 20.6.7.18 and 20.6.7. 20 through 20.6.7.26 NMAC shall be
submitted to the department.
(b) Liner
system CQA/CQC. The construction and
installation of all liner systems and the repair, modification or replacement
of a liner system shall be conducted in accordance with a construction quality
assurance/construction quality control (CQA/CQC) plan. A CQA/CQC plan shall be included as part of
the design plans and specifications. The
CQA/CQC plan shall specify the observations and tests to be used to ensure that
construction of the liner system meets all design criteria, plans and
specifications. All liner system testing
and evaluation reports for liner construction and installation, including
modifications and replacements shall be signed and sealed by a licensed New Mexico
professional engineer with experience in liner system construction and
installation. The CQA/CQC plan shall
include the following elements.
(i) the identity
of persons responsible for overseeing the CQA/CQC program. The person responsible for overseeing the
CQA/CQC plan shall be a licensed New Mexico professional engineer with
experience in liner system construction and installation;
(ii) an inspection protocol;
(iii) identification of field and laboratory
testing equipment and facilities proposed to be used, and calibration methods;
(iv) the procedures for
observing and testing the liner, subgrade, liner bedding, and other liner
system construction material;
(v) a protocol for
verification of any manufacturers’ quality control testing and procedures;
(vi) the procedures for reviewing
inspection test results and laboratory and field sampling test results;
(vii) the actions to be taken
to replace or repair liner material, subgrade, liner bedding, or other liner
system construction materials should deficiencies be identified;
(viii) the procedures for
seaming synthetic liners;
(ix) the reporting procedures
for all inspections and test data; and
(x) the submission of a CQA/CQC report.
(c) Management
of process water, solids and sludge or impacted stormwater
during liner system improvement. An
applicant or permittee proposing or required to
improve copper mine facility operational units that requires the use of a liner
system, including re-lining or replacement of an existing liner system, shall
submit a plan for managing process water, solids and sludges,
or impacted stormwater during preparation and
construction of the improvement. The
plan shall be submitted as part of the design plans and specifications. The plan shall include the following minimum
elements.
(i) a plan for handling
and disposal of process water, solids and sludges and
impacted stormwater discharges during improvement to
the impoundment;
(ii) a plan for removal and
disposal of process water, solids and sludges or impacted
stormwater within the liner system prior to beginning
improvement to the liner system;
(iii) a plan and schedule for
implementation of the project; and
(iv) if the plan proposes a
temporary location for the discharge of process water, solids and sludge, or
impacted stormwater not authorized by the effective
discharge permit, the applicant or permittee shall
request temporary permission to discharge from the department pursuant to
Subsection B of Section 20.6.2.3106 NMAC.
(d) Dam
safety. An applicant or permittee proposing or required to construct a tailings
impoundment shall submit documentation of compliance with the requirements of
the dam safety bureau of the state engineer pursuant to Section 72-5-32 NMSA
1978, and rules promulgated under that authority, unless exempt by law from
such requirements.
(2) Tank,
pipeline, sump or other containment system plans and specifications. An applicant or permittee
proposing or required to construct a new tank, pipeline, sump or other
containment system for the management of tailings, process water or other water
contaminants shall submit detailed and complete construction plans and specifications and supporting design
calculations developed pursuant to this section and 20.6.7.23 NMAC. The construction plans and specifications for
an improvement(s) or replacement of an existing tank, pipeline, sump or other containment
systems shall address the management of solids, waste, process water or other
water contaminants generated during preparation and construction of the
improvements or replacement. This
requirement does not apply to portable or temporary tanks, pipelines, sumps, or
other containment systems that are subject to periodic relocation during mining
operations.
(3) Process
water or impacted stormwater treatment system plans
and specifications. An applicant or permittee proposing or required to construct a treatment
system during mine operations for process water or impacted stormwater
to be treated prior to discharge shall submit detailed and complete construction plans and specifications
and supporting design calculations developed pursuant to this section and
20.6.7.18 NMAC.
(4) Impacted
stormwater management plans and specifications. An applicant shall submit stormwater
management plans and specifications to limit run-on of stormwater
and manage impacted stormwater in a manner which
prevents water pollution that may cause an exceedance
of the applicable standards. The plans
and specifications shall be submitted with an application for a new or renewed
discharge permit, or as applicable with an application for a modified discharge
permit, and shall include the following information.
(a) A scaled map of the copper mine facility
showing:
(i) the property
boundaries of the copper mine facility and the mining areas;
(ii) all existing and proposed
structures;
(iii) existing and proposed
final ground surface contours outside of the open pit surface drainage area at
appropriate vertical intervals; and
(iv) existing and proposed stormwater containment and conveyance structures, including
construction materials, size, type, slope, capacity and inlet and invert
elevation (or minimum and maximum slopes) of the structures, as applicable.
(b) A description of existing surface water
drainage conditions.
(c) A description of the proposed
post-development surface water drainage conditions.
(d) Supplemental information supporting the stormwater management plan including the following
information:
(i) hydrologic and
hydraulic calculations for design storm events;
(ii) hydraulic calculations
demonstrating the capacity of existing and proposed stormwater
impoundments;
(iii) hydraulic calculations
demonstrating the capacity of existing and proposed conveyance channels to
divert stormwater or contain and transport runoff to stormwater impoundment(s); and
(iv) a list of tools and
references used to develop the hydrologic and hydraulic calculations such as
computer software, documents, circulars, and manuals.
(e) A plan to manage impacted stormwater, and to divert run-on of non-impacted stormwater where practicable. The plan shall include, as necessary, design,
construction, and installation of stormwater run-on
and run-off diversion structures, collection of impacted stormwater,
and a description of existing surface water drainage conditions. The plan shall consider:
(i) the amount, intensity, duration and
frequency of precipitation;
(ii) watershed characteristics
including the size, topography, soils and vegetation of the watershed; and
(iii) runoff characteristics including the peak
rate, volumes and time distribution of runoff events.
(5) Flow
metering plans. An applicant or permittee proposing or required to install a flow meter(s)
pursuant to the copper mine rule shall submit a flow metering plan to support
the selection of the proposed device along with information or construction
plans and specifications, as appropriate, detailing the installation or
construction of each device. This
information or construction plans and
specifications proposed by the applicant or permittee
shall be submitted to the department with the application for a new discharge
permit or a renewed or modified discharge permit if a new flow meter is proposed.
D. New impoundment engineering design
requirements. At a minimum, construction of a new
impoundment or replacement of an existing impoundment shall be in accordance
with the applicable liner, design, and construction requirements of this
subsection. These requirements do not
apply to tailing impoundments that are subject to the specific engineering
design requirements of Paragraph (4) of Subsection A of 20.6.7.22 NMAC.
(1) General
design and construction requirements.
(a) The outside slopes of an impoundment shall
be a maximum of two (horizontal) to one (vertical) and shall meet a minimum
static factor of safety of 1.3 with water impounded to the maximum capacity
design level, except where an impoundment is bounded by rock walls or is below
the surrounding surface grade.
(b) The dikes of an impoundment shall be
designed to allow for access for maintenance unless otherwise approved by the
department.
(c) Liners shall be installed with sufficient
slack in the liner material to accommodate expansion and contraction due to
temperature changes. Folds in the liner
material shall not be present in the completed liner except to the extent
necessary to provide slack.
(d) Liners shall be anchored in an anchor
trench. The trench shall be of a size
and setback distance sufficient for the size of the impoundment.
(e) Liner panels shall be oriented such that
all sidewall seams are vertical.
(f) Any opening in the liner through which a
pipe or other fixture protrudes shall be sealed in accordance with the liner
manufacturer’s requirements. Liner
penetrations shall be detailed in the construction plans and as-built drawings.
(g) All liners shall be installed by an
individual that has the necessary training and experience as required by the
liner manufacturer.
(h) Liner manufacturer’s installation and
field seaming guidelines shall be followed.
(i) All liner
seams shall be field tested by the installer and verification of the adequacy
of the seams shall be submitted to the department along with the as-built
drawings.
(j) Concrete slabs installed on top of a liner
for operational purposes shall be completed in accordance with manufacturer and
installer recommendations to ensure liner integrity.
(2) Impoundment
capacity. Impoundments shall meet
the following design capacities.
Capacity requirements may be satisfied by a single impoundment or by the
collective capacity of multiple interconnected impoundments and any
interconnected tanks.
(a) Capacity
requirements for impoundments that
contain leach solutions.
Process water systems that impound leach solutions shall be designed for
adequate overflow capacity for upset conditions such as power outages, pump or
conveyance disruptions and significant precipitation events. Any impoundment that collects leach solutions
and is routinely at capacity shall be designed to maintain a minimum of two
feet of freeboard during normal operating conditions while conveying the
maximum design process flows. The
appropriate overflow capacity design shall consider system redundancies such as
backup power systems and pumps. The
overflow capacity shall be designed to contain the maximum design flows for the
collection system for the maximum period of time that is required for
maintenance activities or restoration to normal operating conditions while
maintaining two feet of freeboard. If the collection system receives direct precipitation
run-off with little or no flow attenuation in the upgradient
leach stockpile collection system, the overflow capacity shall be sized to
contain the runoff from a 100 year, 24 hour storm event in addition to the
upset condition capacity. For process
water impoundments located within the open pit surface drainage area, the open
pit bottom may be utilized for a portion of the permitted impoundment
capacity. Impoundments constructed on a
leach stockpile such that any overflow would discharge to and be contained by
the approved leach stockpile system are not subject to this capacity
requirement.
(b) Other
process water impoundment capacity requirements. Process water impoundments intended to manage
or dispose of process water, other than leach solutions, shall be designed for
adequate overflow capacity for upset conditions such as power outages, pump or
conveyance disruptions and significant precipitation events. Any impoundment that collects such process
water and is routinely at capacity shall be designed to maintain a minimum of
two feet of freeboard during normal operating conditions while conveying the
maximum design process flows. The
appropriate overflow capacity design shall consider system redundancies such as
backup power systems and pumps. The
overflow capacity shall be designed to contain the maximum design flows for the
collection system for the maximum period of time that is required for
maintenance activities or restoration to normal operating conditions while
maintaining two feet of freeboard. For
process water impoundments located within the open pit surface drainage area,
the open pit bottom may be utilized for a portion of the permitted impoundment
capacity. Impoundments constructed on a
leach stockpile such that any overflow would discharge to and be contained by
the approved leach stockpile system are not subject to this capacity
requirement.
(c) Combination
process water/impacted stormwater impoundment
capacity requirements. Impoundments,
other than impoundments for the containment of leach solutions, intended to
dispose of a combination of process water and impacted stormwater
shall be designed to contain, at a minimum, the volume described in
Subparagraph (b) of Paragraph 2 of this subsection and the volume of stormwater runoff and direct precipitation generated from
the receiving surface area resulting from a 100 year return interval storm
event while preserving two feet of freeboard.
For combination process water/impacted stormwater
impoundments located within the open pit surface drainage area, the open pit
bottom may be utilized for a portion of the impoundment capacity.
(d) Evaporative
impacted stormwater impoundment design requirements. Impoundments intended to manage or dispose of
impacted stormwater by evaporation shall be designed
to contain, at a minimum, the volume of stormwater
runoff and direct precipitation generated from the receiving surface area
resulting from a 100 year return interval storm event while preserving two feet
of freeboard. For impoundments located
within the open pit surface drainage area, the open pit bottom may be utilized
for a portion of the impoundment capacity.
(e)
Other impacted stormwater impoundment design requirements. Other impacted stormwater
impoundment systems shall be designed to prevent overflow resulting from a 100
year return interval storm event while maintaining two feet of freeboard and
may use interconnected impoundments, gravity flow conveyances and pumping
systems designed to remove water from individual impoundments at rates to
prevent overflow during the design storm event.
The appropriate overflow capacity design shall consider system redundancies
such as backup power systems and pumps.
For impacted stormwater impoundments located
within the open pit surface drainage area, the open pit bottom may be utilized
for a portion of the permitted impoundment capacity.
(f)
Conveyance design requirement. Open channel conveyance structures intended
to transport stormwater to an impoundment shall be
designed to convey, at a minimum, the peak flow from a 100 year return interval
storm event while preserving adequate freeboard, but not less than six inches
of freeboard. Conveyances shall be
designed to minimize ponding and infiltration of stormwater.
(g) Solids
settling. An impoundment designed
and used for solids settling shall not be used to satisfy the impoundment
capacity requirements of this paragraph.
(3) Process
water and impacted stormwater long-term storage
impoundments. Process water, and
impacted stormwater impoundments that store impacted stormwater for longer than thirty days shall meet the
following design and construction requirements, except that process water and
impacted stormwater long-term impoundments located
within an open pit surface drainage area of an existing copper mine facility
may be designed and constructed in accordance with the requirements of
Paragraph (4) of this subsection.
(a) Liner
system. At a minimum, impoundments
subject to this paragraph shall be designed and constructed as an engineered
liner system consisting of a suitable subgrade and liner bedding overlain by a
secondary synthetic liner which is overlain by a leak collection system
overlain by a primary synthetic liner, unless an alternate design is approved
by the department pursuant to Subparagraph (e) of this paragraph. The liner system shall be installed in
accordance with a department approved CQA/CQC plan pursuant to Paragraph (2) of
Subsection C of 20.6.7.17 NMAC.
(b) Liner
system sub-grade and bedding. The
liner system shall be placed upon a stable sub-grade. The sub-grade shall be free of sharp rocks,
vegetation and stubble to a depth of at least six inches below the liner. Liners shall be placed on a liner bedding of
sand or fine soil. The surface in
contact with the liner shall be smooth to allow for good contact between liner
bedding. The liner bedding surface shall
be sufficiently dry during liner installation such that free or excess water
will not hinder the welding of seams.
The liner installer shall provide the owner or permittee
with a sub-grade and liner bedding acceptance certificate prior to installing
the liner indicating acceptance of the earthwork.
(c) Liner
type. The primary and secondary
synthetic liners for the impoundment shall provide the same or greater level of
containment, including permeability, as a 60 mil HDPE geomembrane
liner system. The liner system’s tensile
strength, tear and puncture resistance and resistance to degradation by
ultraviolet light shall be compatible with design loads, exposure and
conditions.
(d) Leak
collection system. A leak collection
system shall be constructed between the primary and secondary synthetic liners
for the purpose of collecting and rapidly removing fluids from leaks that may
occur in the primary liner so that minimal hydraulic head is maintained on the
secondary liner. The leak collection
system shall consist of a drainage layer, fluid collection pipes and a fluid
removal system to prevent hydraulic head transference from the primary liner to
the secondary liner and shall meet the following requirements.
(i) The drainage
layer shall be constructed of granular soil materials or geosynthetic
drainage net (geonet) with a design slope of at least
two percent. Drainage material shall
have a coefficient of permeability of 1x10-2 centimeters/second or
greater.
(ii) Perforated fluid
collection pipes shall be installed to transmit fluid from the drainage layer
to a fluid collection sump(s).
Collection pipe material, diameter, wall thickness, and slot size and
distribution shall be sufficient to prevent deflection, buckling, collapse or
other failure. Collection pipes shall be
installed with slopes equivalent to the slope of the drainage layer. Collection pipe systems shall be designed to
allow for cleaning of all collection pipes with standard pipe cleaning
equipment.
(iii) A fluid removal system shall be installed
to remove fluid from the leak collection system. The fluid removal system shall consist of a
sump(s), a dedicated pump(s), an automated pump activation system that
activates the pump(s) when a specific fluid level is reached in a sump(s), a
totalizing flow meter to measure to measure the volume of leachate pumped from
the system, and an automated alarm system that provides warning of pump
failure. Alternately a gravity drain system
may be utilized where practicable and approved by the department.
(e) An applicant or permittee
may propose for department approval an alternative design for process water and
impacted stormwater long-term storage impoundments
that provides the same or greater level of containment as a double
synthetically lined system with leak collection.
(4) Impacted
stormwater impoundments. Impacted stormwater
impoundments that store impacted stormwater for less
than 30 days shall meet the following design and construction requirements;
except that any such impoundments located within an open pit surface drainage
area may not require a liner.
(a) Liner
system. At a minimum, an impacted stormwater impoundment subject to this paragraph shall be
constructed as an engineered liner system consisting of a compacted subbase overlain by a synthetic liner. The liner system shall be installed in
accordance with a department approved CQA/CQC plan pursuant to Paragraph (2) of
Subsection C of 20.6.7.17 NMAC.
(b) Liner
system subgrade and liner bedding.
The liner system shall be prepared and placed upon a stable
subgrade. The top surface of the subgrade
shall be smooth and free of sharp rocks or any other material that could
penetrate the overlying liner bedding or synthetic liner. Liner bedding shall be placed atop the
subgrade and shall consist of a minimum of six inches of sand or fine soil to
allow for good contact between liner and liner bedding. The liner bedding surface shall be
sufficiently dry during liner installation such that free or excess water will
not hinder the welding of seams. The
liner installer shall provide the owner or permittee
with a sub-grade and liner bedding acceptance certificate prior to installing
the liner indicating acceptance of the earthwork.
(c) Liner
type. Synthetic liners for an
impacted stormwater impoundment shall provide the same
or greater level of containment, including permeability, as a 60 mil HDPE geomembrane liner system.
The liner system’s tensile strength, tear and puncture resistance and
resistance to degradation by ultraviolet light shall be compatible with design
loads, exposure and conditions.
(d) Wind
protection. Liner systems for
impacted stormwater impoundments shall be designed
and constructed with a weighting system to secure the liner and limit liner
damage during periods of extreme wind events when the impoundment is empty.
(e) Alternate
design. An applicant or permittee may propose for department approval an
alternative design for an impacted stormwater
impoundment that provides the same or greater level of containment as the liner
system described in Subparagraphs (a) through (d) of this paragraph.
(5) Non-impacted
stormwater impoundments. Non-impacted stormwater
impoundments located outside the open pit surface drainage area over
contaminated areas where the water has the potential to infiltrate and produce
a leachate that may cause an exceedance of the
applicable standards require a liner system designed and installed in
accordance with Paragraph (4) this subsection.
(6) Separation
between impoundments and ground water.
Impoundments that require a liner pursuant to this subsection shall not
be constructed in a location where the vertical distance between the seasonal
high ground water level and the finished grade of the floor of the impoundment
is less than or equal to four feet unless the applicant or permittee
submits an engineering evaluation from a licensed New Mexico professional
engineer that demonstrates that the impoundment design will not be affected by
shallow ground water conditions.
(7) Spillways. Impacted stormwater
impoundments shall have spillways to safely discharge the peak runoff of a
25-year, 24-hour precipitation event, or an event with a 90-percent chance of
not being exceeded for the design life of the impoundment. Impoundments intended as primary containment
for process water shall not be designed with a spillway that empties onto the
ground surface.
[20.6.7.17 NMAC - N,
12/1/13]
20.6.7.18 GENERAL
OPERATIONAL REQUIREMENTS:
A. Planning for closure. To the extent practicable, copper mine
facility units shall be designed and operated in a manner that considers
implementation of the copper mine facility closure plan submitted pursuant to
20.6.7.33 NMAC including:
(1) identifying material that is suitable for
use to construct covers and, when feasible, segregating that material from
other mined materials to preserve it for use to construct covers; and
(2) consideration of closure grading and
drainage plans in the design and construction of leach stockpiles, tailings
impoundments, waste rock stockpiles, and other copper mine facilities.
B. Construction requirements. A permittee shall meet
the following requirements for construction of a liner system for the
containment of water contaminants, including repair or relining of a liner
system.
(1) A permittee
shall notify the department at least five working days before starting
construction or repair or relining to allow for an inspection by the
department, except in the case of an emergency repair. If an emergency repair is necessary, the permittee shall notify the department within 24 hours of
starting the repair.
(2) A permittee
shall submit to the department a construction certification report bearing the
seal and signature of a licensed New Mexico professional engineer, when
required by the New Mexico Engineering and Surveying Practice Act, Sections
61-23-1 through 61-23-33 NMSA 1978, and the rules promulgated under that
authority, verifying that installation and construction was completed pursuant
to Subsections C and D of 20.6.7.17 NMAC.
The construction certification report shall include as-built drawings,
final specifications, final capacity calculations and the CQA/CQC report.
(3) The construction certification report
shall be submitted to the department before discharging or placing ore or
wastes in a liner system.
C. Notice of mining operations and discharge. A permittee shall
provide written notice to the department of the commencement, or recommencement
of operations as follows.
(1) For
new copper mine facilities.
(a) Commencement
of construction. A permittee shall provide written notice to the department a
minimum of 30 days before commencing construction of units covered by a permit
issued pursuant to the copper mine rule.
(b)
Commencement of discharge. A minimum of 30 days prior to discharging or
emplacement of ore or waste rock in a constructed impoundment, stockpile, or
tailings impoundment a permittee shall provide
written notice to the department of the anticipated date that discharge or
emplacement of ore or waste rock will commence.
A permittee shall provide written verification
to the department of the actual date of commencement within 30 days of
commencement.
(2) For
existing copper mine facilities.
(a) Commencement
of a new discharge. A minimum of 30
days prior to discharging or emplacement of ore or waste in a newly constructed
impoundment, stockpile, or tailings impoundment the permittee
shall provide written notice to the department of the anticipated date that
discharge or emplacement of ore or waste will commence. A permittee shall
provide written verification to the department of the actual date of
commencement within 30 days of commencement.
(b) Recommencement
of mining. If a permittee
is on standby pursuant to the Mining Act, a permittee
shall provide written notice to the department indicating the planned date of
recommencement of operations at a copper mine facility that include operation
of units covered by a permit issued pursuant to the copper mine rule. Written notification shall be submitted to
the department a minimum of 30 days prior to the date mining is to recommence.
D. Stormwater management. A permittee shall
divert and manage stormwater from the open pit, leach
stockpiles, waste rock and tailings impoundments and other copper mine facility
areas containing material that could generate or release water contaminants in
accordance with a stormwater management plan as
required by Paragraph (4) of Subsection C of 20.6.7.17 NMAC.
E. Flow meters. A permittee shall
employ a flow metering system that uses flow measurement devices (flow meters,
weirs or other department approved method) to measure the volume of process
water and tailings discharged at a copper mine facility as follows.
(1) Flow
meter installation. Flow meters
shall be installed in accordance with the flow meter plans submitted with the
application for a new, renewed or modified discharge permit pursuant to
Paragraph (5) of Subsection C of 20.6.7.17 NMAC, and this section. Flow meters shall be permanently labeled with
meter identification nomenclature, and the month and year of meter
installation.
(2)
Flow meter inspection and
maintenance. A permittee
shall visually inspect flow meters on a monthly basis for evidence of
malfunction. If a visual inspection
indicates a flow meter is not functioning to measure flow, the permittee shall repair or replace the meter within 30 days
of or as soon as practicable following discovery. The repaired or replaced flow meter shall be
installed and calibrated pursuant to this subsection. The permittee shall
submit a report of repaired or replaced meters to the department in the
subsequent monitoring report which shall include:
(a) information on repairs including a
description of the malfunction; a statement verifying the repair, and a
description of calibration of the flow meter pursuant to Paragraph (3) of this
subsection.
(b) for replacement meters, information
demonstrating that the device is in accordance with the plan for flow metering
devices submitted pursuant to Paragraph (5) of Subsection C of 20.6.7.17 NMAC,
and that the device has been calibrated pursuant to Paragraph (3) of this
subsection.
(3) Flow meter calibration. All flow meters required under the copper mine
rule shall be calibrated to have their accuracy ascertained according to the
flow metering plan submitted pursuant to Paragraph (5) of Subsection C of
20.6.7.17 NMAC and the approved discharge permit. Flow meters shall be calibrated to within
plus or minus ten percent of actual flow.
(4) Excluded
flow meters. A permittee
may utilize additional flow meters not required by the copper mine rule and
those flow meters are not subject to the copper mine rule requirements.
F. Impoundments.
(1) New
impoundments. Construction of an
impoundment pursuant to a discharge permit issued after the effective date of
the copper mine rule shall be performed in accordance with the liner, design,
and construction requirements of Subsection D of 20.6.7.17 NMAC.
(2) Existing
impoundments. An impoundment
authorized by a discharge permit issued prior to the effective date of the
copper mine rule and in existence on the effective date of the copper mine rule
that does not meet the requirements of Paragraph (3) of Subsection D of
20.6.7.17 NMAC may continue to receive process water or impacted stormwater provided the requirements of Subparagraphs (a)
and (b) or (c) of this paragraph are met or the impoundment is located within
the open pit surface drainage area. If
the requirements of Subparagraphs (a) and (b) or (c) of this paragraph are not
met, the impoundment shall be replaced or improved in accordance with the liner,
design, and construction requirements of Subsection D of 20.6.7.17 NMAC.
(a) Ground water monitoring data from
monitoring wells downgradient of the impoundment
indicates that the impoundment is functioning as designed.
(b) The
impoundment has integrity and is capable of maintaining integrity for its
operational life.
(c) The impoundment is covered by a variance
granted pursuant to 20.6.2.1210 NMAC.
(3) Impoundment
inspection and maintenance. A permittee shall maintain impoundments to prevent conditions
which could affect the structural integrity of the impoundments and associated
liners during active operations. Such
conditions include, but are not limited to, erosion damage; animal burrows or
other animal damage; the presence of vegetation including aquatic plants,
weeds, woody shrubs or trees growing within five feet of the top inside edge of
a sub-grade impoundment, within five feet of the toe of the outside berm of an
above-grade impoundment, or within the impoundment itself; evidence of seepage;
evidence of berm subsidence; and the presence of large debris or large
quantities of debris in the impoundments.
A permittee shall inspect impoundments and
surrounding berms on a quarterly basis to ensure proper condition and control
vegetation growing in and around the impoundments in a manner that is
protective of the liners. Within 24
hours of discovery, a permittee shall report to the
department any evidence of damage that threatens the structural integrity of a
berm or liner of an impoundment or that may result in an unauthorized
discharge. A permittee
is not required to report routine berm maintenance to the department.
(4) Freeboard. The fluid level elevation in an impoundment
shall be maintained such that a minimum of two feet of freeboard is preserved
within the impoundment at all times.
(5) Leak
collection system inspection and maintenance: A permittee shall
inspect and maintain impoundments utilizing primary and secondary liners and
equipped with leak collection systems as follows:
(a) liquid accumulation within the sump of the
leak collection system shall be returned to the respective impoundment or the
process water system utilizing an automatically activated pump or other
engineered design approved by the department to minimize hydraulic head on the
secondary liner by insuring the interstitial space between the liners does not become
saturated; and
(b) the permittee
shall inspect the sump(s), dedicated pump(s), any automated pump activation
system, any automated alarm system and totalizing flow meter associated with
the leak detection and collection system on a monthly basis for evidence of
malfunction; if an inspection indicates malfunction of any of these components,
the permittee shall repair the component(s) within 30
days of discovery or shall retain a record of why the repair took longer; the permittee shall notify the department of component
malfunctions and repairs made in the subsequent quarterly report.
[20.6.7.18 NMAC - N,
12/1/13]
20.6.7.19 SETBACK
REQUIREMENTS FOR A COPPER MINE FACILITY APPLYING FOR A DISCHARGE PERMIT:
A. The setback requirements of this section apply to a new copper mine
facility for which an application for a discharge permit is received by the
department after the effective date of the copper mine rule.
B. The setback requirements shall be measured as horizontal map distances.
C. The required setback distances shall be met as certified by the
applicant as of the receipt date of the application.
D. If the setback requirements apply to a copper mine facility, an
applicant or permittee shall not propose or construct
a leach stockpile, waste rock stockpile, tailing impoundment, or process water
and impacted stormwater impoundment that does not
meet the setback as determined as of the receipt date of the application for a
new discharge permit by the department.
E. Leach stockpile, waste rock stockpile,
tailing impoundment, process water impoundment or impacted stormwater
impoundment setback requirements.
(1) Leach stockpiles, waste rock stockpiles,
tailing impoundments, process water impoundments or impacted stormwater impoundments shall be located:
(a) greater than 500 feet from a private
domestic water well or spring that supplies water for human consumption; and
(b) greater than 1000 feet from any water well
or spring that supplies water for a public water system as defined by 20.7.10
NMAC, unless a wellhead protection program established by the public water
system requires a greater distance.
(2) The requirements of Subparagraph (a) of
Paragraph (1) of this subsection shall not apply to wells or springs that
supply water to the copper mine facility for human consumption and are located
within the property boundary of the copper mine facility.
(3) The requirements of Paragraph (1) of this
subsection shall not apply to wells that are constructed after a copper mine
facility received a discharge permit for a leach stockpile, waste rock
stockpile, tailing impoundment, process water impoundment or impacted stormwater impoundment.
(4) Setback distances shall be measured from
the toe of the outer edge of a leach stockpile, waste rock stockpile, tailing
impoundment, process water impoundment or impacted stormwater
impoundment at its final design build out.
[20.6.7.19 NMAC - N,
12/1/13]
20.6.7.20 REQUIREMENTS
FOR LEACH STOCKPILES AND SX/EW PLANTS:
A. Engineering design requirements. At a
minimum, the following requirements shall be met in designing leach stockpiles
at copper mine facilities unless the applicant or permittee
can demonstrate that an alternate design will provide an equal or greater level
of containment.
(1) New
leach stockpiles. New leach
stockpiles shall meet the following requirements.
(a) Liner
system. A new leach stockpile shall
be placed on an engineered liner system consisting of a subgrade and compacted
earthen liner overlain by a synthetic liner which is overlain by a solution
collection system designed to transmit process fluids out of the leach
stockpile. The liner system shall be
approved by the department prior to installation and shall be installed in
accordance with a department approved CQA/CQC plan pursuant to Paragraph (1) of
Subsection C of 20.6.7.17 NMAC.
(b) Liner
system subgrade and earthen liner. A
liner system earthen liner shall be prepared and placed upon a stable
subgrade. The prepared earthen liner
shall consist of a minimum of 12 inches of soil that has a minimum re-compacted
in-place coefficient of permeability of 1x10-6 cm/sec. The top surface of the earthen liner shall be
smooth and free of sharp rocks or any other material that could penetrate the
overlying synthetic liner.
(c) Liner
type. A synthetic liner for a leach
stockpile shall provide the same or greater level of containment, including
permeability, as a 60 mil HDPE geomembrane liner
system. The liner system’s tensile
strength, tear and puncture resistance and resistance to degradation by
ultraviolet light shall be compatible with design loads, exposures and
conditions. A licensed New Mexico
professional engineer with experience in liner system construction and
installation shall identify the basis for the geomembrane
composition and specific liner based upon:
(i) the type,
slope and stability of the subgrade;
(ii) the overliner
protection and provisions for hydraulic relief within the liner system;
(iii) the load and the means
of applying the load on the liner system;
(iv) the compatibility of the
liner material with process solutions applied to the leach stockpile and
temperature extremes of the location at which it will be installed; and
(v) the liner’s ability to
remain functional for five years after the implementation of closure of the
leach stockpile.
(d) Solution
collection system. A solution
collection system shall be constructed in an overliner
protection and drainage system. The
solution collection system shall be designed to remain functional for five
years after the operational life of the leach stockpile. The overliner
protection shall be designed and constructed to protect the synthetic liner
from damage during loading and minimize the potential for penetration of the
synthetic liner. A sloped collection
system shall be designed that will transmit fluids out of the drainage layer of
the leach stockpile. The collection
system shall be designed to maintain a hydraulic head of less than the
thickness of the drainage layer but the drainage layer shall not exceed five
feet in thickness. Any penetration of
the liner by the collection system through which a pipe or other fixture
protrudes shall be constructed in accordance with the liner manufacturer’s
requirements. Liner penetrations shall
be detailed in the construction plans and as-built drawings.
(e) Solution
containment systems. PLS flows
exiting the leach stockpile shall be collected, contained and conveyed to a
process water impoundment(s) or tank(s) using pipelines or lined conveyance
systems.
(f) Alternate
design. An applicant may propose and
the department may approve an alternative design for a leach stockpile located
within an open pit surface drainage area provided that the stockpile and
solution capture systems are designed to maximize leach solution capture
considering the site-specific conditions of the open pit, underlying geology
and hydrology, and leach solutions will not migrate outside of the open pit
surface drainage area.
(2) Solution
extraction/electrowinning (SX/EW) plants. All SX/EW plants shall be designed to contain
all associated process fluids within impermeable vessels with secondary
containment or process water impoundments meeting the requirements of
Subsection D of 20.6.7.17 NMAC. All
pipeline and tank systems associated with SX/EW plants shall be designed and
operated pursuant to 20.6.7.23 NMAC.
B. Construction.
(1) New
leach stockpile and SX/EW plants.
Construction of a new leach stockpile or SX/EW plant, including
expansion of an existing leach stockpile beyond its ground surface footprint on
the effective date of the copper mine rule, shall be performed in accordance
with the applicable engineering requirements of Subsection A of 20.6.7.20 and
20.6.7.17 NMAC.
(2) Existing
leach stockpiles. A leach stockpile
system, including its associated solution collection or containment system, at
a copper mine facility in existence on the effective date of the copper mine
rule is not required to meet the design and construction requirements of
Subsection A of 20.6.7.20 NMAC and may continue to operate as previously
permitted under a discharge permit subject to compliance with the contingency
requirements of 20.6.30 NMAC. A permit
issued for such an existing leach stockpile system after the effective date of
the copper mine rule may include the conditions of the existing discharge
permit, which shall not be considered to be “additional conditions” under
Subsection I of 20.6.7 NMAC.
C. Operational requirements.
(1) Leach
stockpile operating requirements. A permittee operating a leach stockpile shall operate the
stockpile pursuant to the following requirements.
(a) The stockpile shall remain within the area
identified in the discharge permit.
(b) The perimeter of the stockpile and the
solution collection system shall be inspected monthly.
(c) Any evidence of instability in the
stockpile that could potentially result in a slope failure or an unauthorized
discharge shall be reported to the department as soon as possible, but not
later than 24 hours after discovery and corrected pursuant to Subsection H of
Section 20.6.7.30 NMAC.
(d) Any leaks or spills of PLS or leach
solutions outside the leach stockpile or containment system shall be recorded
and reported pursuant to 20.6.2.1203 NMAC.
(e) If seeps occur they shall be monitored on
a monthly basis and an estimate of the seep flow rate shall be made. Monthly records of the seep inspections and
flow rates shall be maintained and included in the site monitoring reports.
(f) Leach solution application rates shall not
exceed the maximum rates approved in the discharge permit.
(g) The daily leach solution application and PLS
collection rate shall be determined using flow meters installed in accordance
with this section and Paragraph (5) of Subsection C of 20.6.7.17 NMAC.
(h) The daily rate and monthly volume of leach
solution applied and PLS collected shall be recorded, maintained, and included
in the site monitoring reports.
(2) Solution
extraction/electrowinning (SX/EW) plants. A permittee
operating a SX/EW plant shall operate the SX/EW plant pursuant to the following
requirements.
(a) All solution management and extraction
operations shall be contained within pipeline and tank systems designed and
operated pursuant to 20.6.7.23 NMAC or process water impoundments meeting the requirements
of Subsection D of 20.6.7.17 NMAC.
(b) Sludge and spent electrolyte from the
SX/EW plant shall be either placed upon the leach stockpile for leaching or
disposed of at an approved location.
[20.6.7.20 NMAC - N,
12/1/13]
20.6.7.21 REQUIREMENTS
FOR COPPER MINE WASTE ROCK STOCKPILES:
A. Material characterization
requirements.
(1) Material
characterization and acid mine drainage prediction. All waste rock stored, deposited or disposed of
at a copper mine facility shall be evaluated for its potential to generate acid
and to release water contaminants at levels in excess of the standards of
20.6.2.3103 NMAC. A plan for determining
the potential of the material to release water contaminants, and the method for
such evaluations shall be submitted to the department for approval in a
material characterization plan that includes the following.
(a) The geologic, mineralogical, physical, and
geochemical characteristics of the material stored, deposited or disposed of at
the copper mine facility.
(b) A sampling and analysis plan to provide
representative samples of the entire range of material stored, deposited or
disposed of at the copper mine facility.
The plan shall include quality assurance/quality control procedures to
be implemented to ensure the validity of the sample results. The plan shall consider the following factors
in collecting and establishing representative samples.
(i) lithological
variations;
(ii) particle size
distribution of each lithology;
(iii) hydraulic conductivity,
water content and matric suction relationship for each lithology;
(iv) mineralogical and
textural variations;
(v) the nature and extent of
sulfide mineralization;
(vi) color variation;
(vii) degree and nature of
fracturing;
(viii) variations in oxidation
and reducing conditions; and
(ix) the nature and extent of secondary
mineralization.
(c) A static testing program using, at a
minimum, acid/base accounting, or a department approved equivalent testing
method, to evaluate the acid generation and neutralization potential of the
material; and meteoric water mobility procedure or other department approved
method for whole rock testing to determine water contaminant leaching
potential.
(d) If the results of static testing indicate
that a material may be acid generating or may generate a leachate containing
water contaminants, a kinetic testing program shall be proposed to evaluate
reaction rates, provide data to estimate drainage quality, the lag time to
acidification of the material, and primary weathering and secondary mineral
precipitation/dissolution as it may affect acidification, neutralization and
drainage quality. The length of and
means of determining when kinetic tests will be discontinued shall be approved
by the department prior to implementation of the kinetic testing program.
(e) If the results of the static testing or
kinetic testing indicate that the material will be acid generating or generate
water contaminants, and the materials will be placed outside of an open pit
surface drainage area, a plan shall be submitted to the department to evaluate
whether discharges of leachate from the stockpile may cause an exceedance of applicable standards, including an evaluation
of the geology and hydrology of the area where the material is to be
placed. The plan may include either a
department approved model or other department approved demonstration.
(f) If an interceptor system pursuant to
Subparagraph (d) of Paragraph (1) of Subsection B of this section or a liner
system is proposed for storage or disposal of waste rock, the kinetic testing
program is not required.
(2) Material
handling plan. A permittee
shall manage waste rock that may generate or release water contaminants
according to a material handling plan approved by the department. The material handling plan shall address:
(a) segregation of acid generating materials
and materials that may generate or release water contaminants and the method
for handling, storage or disposal of the materials in a manner designed to
prevent an exceedance of applicable standards;
(b) stockpiling of non-acid generating
materials for potential use in neutralizing acid generating materials or in
reclamation;
(c) blending or layering of material types to
maximize the benefit of acid neutralizing material;
(d) any chemical amendments of the waste rock;
(e) a description of any proposed containment
system(s) proposed in accordance with Subsection B of 20.6.7.21 NMAC.
B. Engineering design requirements
for new waste rock stockpiles. At a
minimum, the following requirements
shall be met in designing engineered structures for waste rock stockpiles at
copper mine facilities unless the applicant or permittee
can demonstrate that an alternate design will provide an equal or greater level
of containment.
(1) New
waste rock stockpiles located outside an open pit surface drainage area. New waste rock stockpiles located outside an
open pit surface drainage area shall meet the following requirements unless the
applicant or permittee demonstrates through material
characterization or implementation of a material handling plan pursuant to
Subsection A of this section that the waste rock pile will not cause an exceedence of applicable standards.
(a) Stormwater
run-on shall be diverted or contained to minimize contact between stormwater run-on and the stockpiled material.
(b) Seepage from the sides of a waste rock stockpile
shall be captured and contained through the construction of headwalls,
impoundments and diversion structures as applicable.
(c) Ground water impacted by waste rock
stockpiles in excess of applicable standards shall be captured and contained
through the construction of interceptor systems as applicable.
(d) The applicant shall submit design plans
signed and sealed by a qualified licensed New Mexico professional engineer
along with a design report that includes the following.
(i) The proposed
areal extent and configuration of the waste rock stockpile.
(ii) The topography of the
site where the waste rock stockpile will be located.
(iii) The geology of the site.
(iv) The design of waste rock
stockpile seepage collection systems, to be proposed based on consideration of
site-specific conditions.
(v) The design of stormwater diversion structures to minimize contact between
stormwater run-on and the waste rock material. The design shall consider the amount,
intensity, duration and frequency of precipitation; watershed characteristics
including the area, topography, geomorphology, soils and vegetation of the
watershed; and run-off characteristics of the watershed including the peak
rate, volumes and time distribution of run-off events.
(vi) An aquifer evaluation to
determine the potential nature and extent of impacts to ground water from the
waste rock stockpile based on the proposed waste rock stockpile design and
geochemical characteristics. The aquifer
evaluation shall include a complete description of aquifer characteristics and hydrogeologic controls on the movement of leachate from the
waste rock stockpile and ground water impacted by the waste rock stockpile
based on actual field data.
(vii) A design report for a
proposed interceptor system for containment and capture of ground water
impacted by the waste rock stockpile based on the aquifer evaluation required
in Subparagraph (d) of Paragraph (1) of Subsection B of this section. The design report shall include, at a minimum
construction drawings and interceptor system performance information,
recommended equipment including pumps and meters, recommended pump settings and
pumping rates, methods for data collection, and a demonstration that the permittee has adequate water rights to operate the system
as designed. The design report shall include a demonstration that the
interceptor system design will capture ground water impacted by the waste rock
stockpile such that applicable standards will not be exceeded at monitor well
locations specified by 20.6.7.28 NMAC.
The interceptor system shall be designed to maximize capture of impacted
ground water and minimize the extent of ground water impacted by the waste rock
stockpile.
(viii) within 120 days of
completion of seepage collection and interceptor system construction, or liner
system installation a final report shall be submitted to the department that
includes complete as-built drawings and a summary of how the items in
Subparagraph (a) of Paragraph (1) of Subsection B of 20.6.7.21 thru
Subparagraph (d) of Paragraph (1) of Subsection B of 20.6.7.21 NMAC were
incorporated into the design.
(e) If the department determines that the
proposed waste rock stockpile, seepage collection and interceptor systems when
operated in accordance with the design plan specified in this paragraph would
cause ground water to exceed applicable standards at monitoring well locations
specified by 20.6.7.28 NMAC, the department shall require additional controls
which may include but are not limited to a liner system as additional
conditions in accordance with Subsection H of 20.6.7.10 NMAC.
(2) New
waste rock stockpiles located inside an open pit surface drainage area. Stormwater run-on
shall be diverted or contained to minimize contact between stormwater
run-on and the stockpiled material.
C. Construction.
(1)
New waste rock stockpiles. Construction of a new waste rock stockpile
shall be performed in accordance with the applicable engineering requirements
of Subsection B of 20.6.7.21 NMAC and 20.6.7.17 NMAC.
(2) Existing
waste rock stockpiles. A waste rock
stockpile in existence on the effective date of the copper mine rule is not
required to meet the design and construction requirements of Subsection B of
20.6.7.21 NMAC and may continue to operate as previously authorized under a
discharge permit unless ground water monitoring of the stockpile pursuant to
20.6.7.28 NMAC requires implementation of corrective action under Subsection A
of 20.6.7.30 NMAC. A permit issued for
such an existing waste rock stockpile after the effective date of the copper
mine rule may include the conditions of the existing discharge permit, which
shall not be considered to be “additional conditions” under Subsection I of
20.6.7 NMAC.
D. Operational requirements. A permittee
operating a waste rock stockpile shall operate the stockpile pursuant to the
following requirements.
(1) The stockpile shall remain within the area
identified in the approved design plan required in Paragraph (1) of Subsection
B of 20.6.7.21 NMAC.
(2) The perimeter of the stockpile and the
solution collection systems shall be inspected monthly.
(3) Any evidence of mass instability in the
stockpile that could potentially result in a slope failure that may result in
an unauthorized discharge shall be reported to the department as soon as
possible, but not later than 24 hours after discovery and corrected pursuant to
Subsection H of Section 20.6.7.30 NMAC.
(4) Any leaks or spills of leachate outside
the waste rock stockpile and any associated containment system shall be
recorded and reported pursuant to 20.6.2.1203 NMAC.
(5) If seeps occur, they shall be monitored on
a monthly basis and an estimate of the seep flow rate shall be made. Monthly records of the seep inspections and
flow rates shall be maintained and included in the site monitoring reports.
(6) Interceptor system collection rates shall
be determined using flow meters installed in accordance with Paragraph (5) of
Subsection C of 20.6.7.17 NMAC.
(7) The placement of waste rock shall be in
accordance with an operating plan that describes the sequencing of waste rock
deposition on an annual basis, operation of seepage collection systems,
operation of interceptor systems, operation of systems to return water to the
concentrator or other locations as appropriate, and any other water management
features.
(8) If an interceptor system to maintain
capture of ground water impacted by a waste rock stockpile exists, the permittee shall submit an interceptor system monitoring and
evaluation report pursuant to 20.6.7.29 NMAC.
[20.6.7.21 NMAC - N,
12/1/13]
20.6.7.22 REQUIREMENTS
FOR COPPER CRUSHING, MILLING, CONCENTRATOR, SMELTING AND TAILINGS IMPOUNDMENT
UNITS:
A. Engineering design requirements. At a
minimum, the following requirements shall be met in designing crushing,
milling, concentrating, smelting and tailings impoundment units at copper mine
facilities unless the applicant or permittee can
demonstrate that an alternate design will provide an equal or greater level of
containment.
(1) New
crushing and milling units. New
crushing and milling units, including associated ore storage, except when
located within the open pit surface drainage area, shall be designed to contain
and manage all materials containing water contaminants that have the potential
to migrate to ground water and cause an exceedance of
applicable standards on concrete or low permeability surfaces approved by the
department.
(2) New
concentrator units. New concentrator
units shall be designed to contain and manage in tank and pipeline systems
designed and operated pursuant to 20.6.7.23 NMAC all materials containing water
contaminants that have the potential to migrate to ground water and cause an exceedance of applicable standards. Tailing and concentrate thickener tanks may
be constructed with concrete or low permeability bottoms consisting of a
minimum of 12 inches of soil that has a minimum re-compacted in-place
coefficient of permeability of 1x10-6 cm/sec. The tank designs shall be based on plans and
specifications signed and sealed by a licensed New Mexico professional
engineer. For low permeability bottoms,
such plans and specifications shall describe how process rates, material
density and settling rates were considered in the design to minimize
infiltration such that water contaminants in the tank will not migrate to
ground water and cause an exceedance of applicable
standards.
(3) New
smelting units. New smelting units
shall be designed to contain and manage on impermeable surfaces all materials,
including associated slag and flue dust, containing water contaminants that
have the potential to migrate to ground water and cause an exceedance
of applicable standards.
(4) New
tailings impoundments. Tailings
impoundments shall be designed according to the following requirements.
(a) Stormwater
run-on shall be diverted and/or contained to minimize contact between stormwater run-on and the tailing material.
(b) Seepage from the sides of a tailing
impoundment shall be captured and contained through the construction of
headwalls, impoundments and diversion structures as applicable.
(c) Ground water impacted by the tailing
impoundment in excess of applicable standards shall be captured and contained
through the construction of interceptor systems designed in accordance with
Subparagraph (d) of Paragraph (4) of Subsection A of 20.6.7.22 NMAC.
(d) The applicant shall submit design plans
signed and sealed by a licensed New Mexico professional engineer along with a
design report that includes the following.
(i) The annual
volumes and daily maximum design rates of tailings or other discharge approved
by the department to be deposited in the impoundment.
(ii) The topography of the
site where the impoundment will be located.
(iii) The geology of the site.
(iv) The design footprint of the tailing
impoundment.
(v) The design of tailing
seepage collection systems, to be proposed based on consideration of
site-specific conditions.
(vi) The design of stormwater diversion structures to minimize contact between
stormwater run-on and the tailing material. The design shall consider the amount,
intensity, duration and frequency of precipitation; watershed characteristics
including the area, topography, geomorphology, soils and vegetation of the
watershed; and run-off characteristics of the watershed including the peak
rate, volumes and time distribution of run-off events.
(vii) An aquifer evaluation to determine the
potential nature and extent of impacts on ground water from the tailings
impoundment based on the proposed tailings impoundment design. The aquifer evaluation shall include a
complete description of aquifer characteristics and hydrogeologic
controls on movement of tailing drainage and ground water impacted by the
tailings impoundment.
(viii) A design report for a
proposed interceptor system for containment and capture of ground water
impacted by the tailings impoundment based on the aquifer evaluation required
in Subparagraph (d) of Paragraph (4) of Subsection A of this section. The design report shall include, at a minimum
construction drawings and interceptor system performance information,
recommended equipment including pumps and meters, recommended pump settings and
pumping rates, methods for data collection, and a demonstration that the permittee has adequate water rights to operate the system
as designed. The design report shall
include a demonstration that interceptor system design will capture ground
water impacted by the tailings impoundment such that applicable standards will
not be exceeded at monitoring well locations specified by 20.6.7.28 NMAC. The interceptor system shall be designed to
maximize capture of impacted ground water and minimize the extent of ground
water impacted by the tailings impoundment.
(ix) Within 120 days of
seepage collection and interceptor well system construction, or liner system
installation a final report shall be submitted to the department that includes
complete as-built drawings and a summary of how the items in Subparagraph (a)
thru Subparagraph (d) of Paragraph (4) of Subsection A of 20.6.7.22 NMAC were
incorporated into the design.
(e) If the department determines that the
proposed tailings impoundment, seepage collection and interceptor systems when
constructed and operated in accordance with the design plan specified in this
paragraph would cause ground water to exceed applicable standards at monitoring
well locations specified by 20.6.7.28 NMAC, the department shall require
additional controls, which may include but are not limited to, a liner system
as additional conditions in accordance with Subsection I of 20.6.7.10 NMAC.
(5) New
dry stack tailing piles. New dry
stack tailings piles shall comply with the material characterization,
engineering design, construction, and operational requirements of 20.6.7.21
NMAC, as applicable.
B. Construction.
(1) New
crushing, milling, concentrating, smelting, or tailings impoundment. Construction of a new crushing, milling,
concentrating, smelting, or tailings impoundment shall be performed in
accordance with the applicable engineering requirements of Subsection A of
20.6.7.22 and 20.6.7.17 NMAC.
(2) Existing
crushing, milling, concentrating, smelting or tailings impoundments. Crushing, milling, concentrating, smelting
and tailings impoundments at an existing copper mine facility in existence on
the effective date of the copper mine rule are not required to meet the liner,
design, and construction requirements of Subsection A of 20.6.7.22 NMAC and may
continue to operate as previously authorized under a discharge permit subject
to compliance with the contingency requirements of 20.6.7.30 NMAC so long as
they are maintained within the existing footprint. A permit issued for such an existing
crushing, milling, concentrating, smelting or tailings impoundment after the
effective date of the copper mine rule may include the conditions of the
existing discharge permit, which shall not be considered to be “additional
conditions” under Subsection I of 20.6.7 NMAC.
C. Operational Requirements.
(1) Tailings
impoundment operating requirements.
A permittee operating a tailings impoundment
shall operate the impoundment pursuant to the following requirements.
(a) The tailings impoundment shall remain
within the area identified in the approved design.
(b) The perimeter of the tailings impoundment and
any associated solution collection systems shall be inspected monthly.
(c) Any evidence of instability in the
tailings impoundment that could potentially result in a dam failure and an
unauthorized discharge shall be reported to the department as soon as possible,
but not later than 24 hours after discovery.
(d) Any leaks or spills outside the tailings
impoundment and any associated containment system shall be recorded and
reported pursuant to 20.6.2.1203 NMAC.
(e) If seeps occur, they shall be monitored on
a monthly basis and an estimate of the seep flow rate shall be made. Monthly records of the seep inspections and
flow rates shall be maintained and included in the site monitoring reports.
(f) The monthly volume of tailings placed in
the impoundment shall be recorded, maintained, and included in the site
monitoring reports.
(g) Tailings deposition rates shall not exceed
the maximum rates approved in the discharge permit.
(h) The daily tailings deposition and
associated solution system collection rate shall be determined using flow
meters installed in accordance with Paragraph (5) of Subsection C of 20.6.7.17
NMAC.
(i) The average
daily rate and monthly volume of tailings deposited and solution collected
shall be recorded, maintained, and included in the site monitoring reports.
(j) The placement of tailings and effluent
shall be in accordance with an operating plan that describes the following:
(i) the sequencing
of tailings deposition on an annual basis;
(ii) measures to manage the
surface impoundment area to maintain adequate freeboard;
(iii) operation of seepage
collection systems;
(iv) operation of interceptor systems;
(v) operation of systems to
return water to the concentrator or other locations as appropriate; and
(vi) any other water
management features.
(k) If an interceptor system to maintain
capture of ground water impacted by a tailings impoundment exists on the
effective date of the Copper Rule, the permittee
shall submit an interceptor system monitoring and evaluation report pursuant to
20.6.7.29 NMAC.
(2) Smelting
units. A permittee
operating a smelting unit shall operate pursuant to the following requirements.
(a) The smelting unit shall remain within the
area identified in the discharge permit.
(b) Slag and flue dust generated as a result
of smelting activities shall be characterized, managed, and properly stored and
disposed of.
(c) Any leaks or spills outside the
containment systems of the smelter unit shall be recorded and reported pursuant
to 20.6.2.1203 NMAC.
(3) Crushing,
milling and concentrating unit operating requirements. A permittee
operating a crushing, milling, or concentrating unit shall operate pursuant to
the following requirements.
(a) The crushing, milling and concentrating
operations shall remain within the area identified in the discharge permit.
(b) All containment system structures shall be
inspected monthly.
(c) Any leaks or spills of process water
outside the containment system shall be recorded and reported pursuant to
20.6.2.1203 NMAC.
[20.6.7.22 NMAC - N,
12/1/13]
20.6.7.23 REQUIREMENTS
FOR NEW PIPELINES AND TANKS:
A. Engineering design requirements. At a
minimum, the following requirements shall be met in designing new pipeline or
tank systems at copper mine facilities that contain process water or impacted stormwater unless the applicant or permittee
can demonstrate that an alternate design will provide an equal or greater level
of containment.
(1) New
Pipelines. New pipelines shall:
(a) be constructed of impermeable materials
that are compatible with the particular contents that are contained and carried
in the pipeline and are resistant to degradation by ultraviolet light if they
will be exposed to sunlight;
(b) for pipelines located outside of the open
pit surface drainage area and outside an area authorized for discharge of
process water, impacted stormwater or tailings,
incorporate a mechanism for monitoring the integrity of the pipeline system
including visual inspections, pressure change sensors, or other appropriate
means; and
(c) for pipelines located outside of the open
pit surface drainage area and outside an area authorized for discharge of
process water, impacted stormwater or tailings,
incorporate a mechanism of secondary containment to contain and control leaks
and spills including berms, placement within or drainage toward areas
authorized for discharge of the conveyed fluids, and impoundments that are
constructed consistent with the requirements of Subsection D of 20.6.7.17.D
NMAC.
(2) Tanks. New tank systems shall meet the following
requirements.
(a) Tanks shall be designed and constructed of
steel, concrete or impermeable materials that are compatible with the
particular contents that are contained within the tank and resistant to
degradation by ultraviolet light where exposed to sunlight.
(b) A tank system shall have a constructed
foundation consisting of a stable, level base free of rocks, debris, sharp
edges or irregularities that could puncture, crack or indent the tank
materials.
(c) A tank system shall be designed to prevent
overflow and the collection of surface water run-on.
(d) An above-ground tank system shall be bermed to contain 110 percent of the volume of the largest
tank within the system or the largest interconnected tanks.
(e) A below-grade tank system shall either be
placed in such a manner that the side walls are open for visual inspection or
the tank shall be designed with a secondary containment and leak detection
system.
B. Construction.
(1) New
pipeline and tank units.
Construction of a new pipeline or tank system shall be performed in
accordance with the applicable requirements of Subsection A of 20.6.7.23 NMAC
and 20.6.7.17 NMAC.
(2) Existing
pipeline and tank units. A pipeline
or tank system in existence on the effective date of the copper mine rule is
not required to meet the design requirements of Subsection A of 20.6.7.23 NMAC
and may continue to operate as previously permitted under a discharge permit
provided that, for a tank in contact with the ground surface and located
outside an open pit surface drainage area, it is inspected and tested at least
once every ten years for integrity pursuant to Subsection C of 20.6.7.23
NMAC. If an existing tank or pipeline
system cannot maintain integrity it shall be replaced in accordance with the
engineering requirements of Subsection A of 20.6.7.23 NMAC and 20.6.7.17 NMAC as
applicable. A permit issued for such an
existing tank or pipeline system after the effective date of the copper mine
rule may include the conditions of the existing discharge permit, which shall
not be considered to be “additional conditions” under Subsection I of 20.6.7
NMAC.
C. Operational requirements. A permittee
operating a pipeline or tank system shall operate the system pursuant to the
following requirements, as applicable.
(1) Pipelines and tanks shall remain within
the area identified in the discharge permit.
(2) Pipelines, tanks and secondary containment
systems shall be inspected on a monthly basis.
(3) The permittee
shall maintain and operate a below-grade tank(s) to prevent overtopping of the
tank(s).
(4) Any evidence of leaks or spills of fluids,
process water or tailings from a pipeline or tank system outside of permitted
secondary containment systems or outside an area permitted for discharge shall
be recorded, reported and corrected pursuant to Subsection G of 20.6.7.30 NMAC.
(5) Any evidence of leaks or spills of fluids,
process water or tailings from a pipeline or tank system inside of permitted
secondary containment systems or inside an area permitted for discharge shall
be recorded and reported to the department in the semiannual reports submitted
pursuant to Subsection A of 20.6.7.29 NMAC.
(6) Existing pipelines that do not meet the
engineering requirements of Subsection A of 20.6.7.23 NMAC shall be evaluated
for integrity at least once every five years.
A pipeline evaluation plan for such pipelines shall be included in an
application for renewal of a discharge permit for a copper mine facility.
(7) Existing below-grade tanks that do not
meet the engineering requirements of Subsection A of 20.6.7.23 NMAC shall be
emptied and visually inspected for integrity at least once every five years.
(8) A written record of all pipeline and tank
system inspections and integrity testing shall be maintained by the permittee for a period of at least five years.
(9) Any wastes generated from the cleaning of
pipeline or tank systems shall be disposed of offsite in accordance with
applicable laws or onsite in a manner approved by the department.
[20.6.7.23 NMAC - N,
12/1/13]
20.6.7.24 REQUIREMENTS
FOR OPEN PITS: Operational requirements. A permittee operating an open pit shall operate the open pit
pursuant to the following requirements, as applicable.
A. The
open pit shall remain within the area identified in the discharge permit.
B. Stormwater shall be diverted outward and away from the
perimeter of the open pit and, to the extent practicable, shall not be directed
into the open pit.
C. Water
generated from within the perimeter of the open pit and pit dewatering
activities shall be managed according to a mine operation water management
plan. The water management plan shall be
submitted to the department for approval in a discharge permit application for
a new copper mine facility or in an application for a discharge permit renewal.
D. During
operation of an open pit, the standards of 20.6.2.3103 NMAC do not apply within
the area of open pit hydrologic containment.
E. Leach
stockpiles, waste rock piles, and other regulated mine units in and surrounding
an open pit surface drainage area shall be designed and located to minimize the
size of the open pit surface drainage area to the extent practicable.
[20.6.7.24 NMAC - N,
12/1/13]
20.6.7.25 REQUIREMENTS
FOR UNDERGROUND COPPER MINE FACILITIES:
A. Material characterization
requirements: All waste rock removed from an underground mine
and taken to the surface shall be characterized and managed pursuant to the
copper mine rule. Any waste rock removed
from an underground copper mine facility, any tailings or any other waste that
is intended to be deposited in the mine shall be evaluated for its potential to
generate acid or to release water contaminants that would cause an exceedance of applicable standards following placement in
the underground mine. A plan for
determining the potential of the material to release water contaminants, and
the method for such evaluations, shall be submitted to the department for
approval in a material characterization plan pursuant to Paragraph (1) of
Section A of 20.6.7.21 NMAC.
B. Deposition of material in an underground copper mine. A permittee of an underground copper mine facility shall not:
(1) deposit any waste rock or tailings in an
underground mine that may generate a leachate that may cause an exceedance of applicable standards as determined by
Subsection A of this section;
(2) deposit any other wastes in an underground
mine unless deposition of the waste is expressly authorized by a discharge
permit approved by the department.
C. Operational requirements. A permittee
authorized to deposit waste rock, tailings or other waste in an underground
copper mine shall maintain records of the monthly volume of waste rock,
tailings or waste placed in the mine, and include this information in the site
monitoring reports submitted pursuant to 20.6.7.29 NMAC.
[20.6.7.25 NMAC - N,
12/1/13]
20.6.7.26 REQUIREMENTS
FOR TRUCK AND EQUIPMENT WASHING UNITS:
A. Engineering design requirements. At a
minimum, the following requirements shall be met in designing new truck and
equipment washing units at copper mine facilities unless the applicant or permittee can demonstrate that an alternate design will
provide an equal or greater level of containment.
(1) Truck and equipment washing shall be
conducted on a concrete pad or a pad constructed of materials of equivalent or
lower permeability designed to capture all wash water.
(2) Captured wash water shall freely drain
from the containment pad and when necessary be conveyed to an oil water
separator to remove oil and grease from the wash water.
(3) Wash water from the oil water separator
shall be conveyed to a tank system designed and constructed pursuant to
20.6.7.23 NMAC, an impoundment meeting the requirements of Subsection D of
20.6.2.7.17 NMAC, or may be directed to the mine process water circuit for use.
B. Construction.
(1) New
wash units for trucks or equipment.
Construction of new truck or equipment wash shall be performed in
accordance with the applicable engineering requirements of Subsection A of
20.6.7.26 and 20.6.7.17 NMAC.
(2) Existing
wash units for trucks and equipment.
A truck or equipment wash unit in
existence on the effective date of the copper mine rule and located outside of
the open pit surface drainage area shall meet the design requirements of
Subsection A of 20.6.7.26 NMAC within one year of the approval of a discharge
permit renewal pursuant to the copper mine rule.
C. Operational requirements. A permittee
operating a truck or equipment wash unit at a copper mine facility shall
operate pursuant to the following requirements.
(1) The truck or equipment wash unit shall
remain within the area identified in the discharge permit.
(2) Wash
water generated at the unit shall be contained within the designed containment
pad, separator and tank system, or impoundment until treated to meet applicable
standards for discharge or conveyed to the process water circuit.
(3) The
tank systems associated with the unit shall meet the operational requirements
of 20.6.7.26 NMAC.
(4) Any leaks or spills of wash water from the
containment pad, separator, tank system or impoundment shall be shall be
recorded, reported and corrected pursuant to Subsection G of 20.6.7.30 NMAC.
(5) Any wastes generated from the oil water
separator or the tank system shall be disposed of offsite in accordance with
applicable laws or onsite in a manner approved by the department.
[20.6.7.26 NMAC - N,
12/1/13]
20.6.7.27 [RESERVED]
20.6.7.28 WATER
QUALITY MONITORING REQUIREMENTS FOR ALL COPPER MINE FACILITIES: The
following water quality monitoring requirements apply to all copper mine
facilities unless otherwise specified.
A. Monitoring wells - location proposals. An applicant for a new, renewed or modified
discharge permit or permittee shall submit a plan for
department approval identifying the proposed location of monitoring wells
required pursuant to Subsection B of this section, and shall include the
following information.
(1) The location of each monitoring well
relative to the unit of the copper mine facility it is intended to monitor
shall be indicated on the scaled map required by Subsection J of 20.6.7.11
NMAC.
(2) The ground water flow direction beneath
the copper mine facility used to determine the monitoring well location(s),
including supporting documentation used to determine ground water flow
direction.
B. Monitoring wells – required locations. A permittee shall
monitor ground water quality as close as practicable around the perimeter and downgradient of each open pit, leach stockpile, waste rock
stockpile, tailings impoundment, process water impoundment, and impacted stormwater impoundment
The department may require additional wells around the perimeter of mine
units that are underlain by areas where ground water flow directions are
uncertain, including fracture flow systems, and around copper mine units that
have the potential to cause ground water mounding. The department may require additional
monitoring wells at any other unit of a copper mine facility that has the
potential to cause an exceedance of applicable
standards as additional permit conditions in accordance with Subsection I of
20.6.7.10 NMAC. Monitoring wells shall
be located pursuant to this section to detect an exceedance(s)
or a trend towards exceedance(s) of the applicable
standards at the earliest possible occurrence, so that investigation of the
extent of contamination and actions to address the source of contamination may
be implemented as soon as possible.
(1) Use
of existing monitoring wells. A
monitoring well in existence before the effective date of the copper mine rule
shall be deemed to be in an approved location for ground water monitoring
purposes provided the following requirements are met:
(a) the monitoring well location was
previously approved by the department; and
(b) the monitoring well is constructed as
previously approved by the department; or
(c) if the monitoring well and construction
was not previously approved by the department, the applicant or permittee can demonstrate that the well meets the location
and construction requirements of this section.
(2) Ground
water monitoring - leach stockpiles, waste rock stockpiles, tailings
impoundments. A permittee
shall install monitoring wells around the perimeter and downgradient
of each new leach stockpile, waste rock stockpile and tailings impoundment
located outside of the open pit surface drainage area, including its leachate
and solution capture and containment systems, to adequately monitor ground
water that may be impacted by water contaminants from those units. Each monitoring well shall be installed as
close as practicable to the proposed leach stockpile, waste rock stockpile or
tailings impoundment, including its leachate and solution capture and
containment systems, taking into account surface topography, hydrogeologic conditions, geologic controls,
infrastructure, engineering design plans, depth to ground water, working
distance and safety.
(a) For a new copper mine facility, the
monitoring well networks shall be installed at least 180 days before
emplacement of ore, waste rock or discharge of tailings at an individual leach
stockpile, waste rock stockpile or tailings impoundment to allow sampling prior
to discharge.
(b) A permittee
constructing a new leach stockpile, waste rock stockpile or tailings
impoundment at an existing copper mine facility, or expanding the footprint of
an existing leach stockpile, waste rock stockpile, or tailings impoundment,
shall install the monitoring well networks required to monitor ground water
around and downgradient of the leach stockpile, waste
rock stockpile or tailings impoundment before emplacement of ore, waste rock or
discharge of tailings unless an existing monitor well network adequately
monitors water quality in the area of the new leach stockpile, waste rock
stockpile or tailings impoundment.
(3) Ground
water monitoring - process water and impacted stormwater
impoundments. A minimum of one
monitoring well shall be located downgradient and
within 75 feet (measured as horizontal map distance) or as close as practicable
taking into account surface topography, hydrogeologic
conditions, infrastructure, working distance and safety of each new process
water or impacted stormwater impoundment located
outside of an open pit surface drainage area.
(a) For a new copper mine facility, monitoring
wells shall be installed at least 90 days before discharging to an individual
process water or impacted stormwater impoundment at
the copper mine facility to allow for sampling prior to discharge.
(b) A permittee
constructing a new process water or impacted stormwater
impoundment at an existing copper mine facility shall install the monitoring
well(s) required to monitor ground water downgradient
of the impoundment before discharging process water to the impoundment, before
collecting impacted stormwater in the impoundment
unless an existing monitor well network adequately monitors water quality in
the area of the new impoundment.
(4) Ground
water monitoring - open pit. A permittee shall install a sufficient number of monitoring
wells around the perimeter of an open pit to monitor ground water quality and
the hydrologic gradient around the pit.
For a new open pit, an applicant or permittee
shall submit a monitor well network installation plan to the department for
approval. The plan shall include
proposed locations of monitoring wells, a statement of the reasons for
selection of the monitoring well locations, and a schedule for installation.
(5) Ground
water monitoring - upgradient of each potential
contaminant source. A minimum of one
monitoring well shall be located upgradient of each
new leach stockpile, waste rock stockpile, tailings impoundment, and process
water and impacted stormwater impoundment at a copper
mine facility to establish upgradient ground water
quality conditions not likely to be affected by each contamination source that
is being monitored. If an applicant or permittee has existing monitoring wells located
appropriately to obtain sufficient background data at a copper mine facility
and establish and monitor upgradient conditions, the
department may waive the requirement for additional upgradient
wells.
(a) For a new copper mine facility, upgradient source monitoring wells shall be installed a
minimum of 180 days before emplacement of ore, waste rock or discharge of
tailings or other water contaminants at an individual leach stockpile, waste
rock stockpile, tailings impoundment or other impoundment.
(b)
A permittee constructing a new leach
stockpile, waste rock stockpile, tailings impoundment or other impoundment at
an existing copper mine facility shall install the monitoring well(s) required
to monitor ground water quality upgradient of a leach
stockpile, waste rock stockpile, tailings impoundment or other impoundment
before emplacement of ore, waste rock or discharging of tailings or water
contaminants into the individual source required to be monitored.
(6) Ground
water monitoring - upgradient of the copper mine
facility. A sufficient number of
monitoring wells shall be located upgradient of all
potential ground water contamination sources at a copper mine facility to
establish upgradient ground water quality conditions
that are not affected by any potential contamination sources at the copper mine
facility. For a new copper mine
facility, upgradient monitoring wells shall be
installed at least 180 days before emplacement of ore, waste rock or discharge
of tailings or other water contaminants at an individual leach stockpile, waste
rock stockpile, tailings impoundment or other impoundment.
C. Monitoring wells -
identification tags. A permittee shall clearly identify all monitoring wells
required by the copper mine rule with a permanent well identification tag that
contains well identification nomenclature included on the scaled map required
by Subsection J of 20.6.7.11 NMAC.
D. Monitoring wells - construction and
completion. A permittee
shall construct monitoring wells pursuant to 19.27.4 NMAC and the following
requirements unless the department approves of an alternate monitoring well
construction and completion design based upon site-specific hydrogeologic
conditions.
(1) All well drilling activities shall be
performed by an individual with a current and valid well driller license issued
by the state of New Mexico pursuant to 19.27.4 NMAC.
(2) The well driller shall employ drilling
methods that allow for accurate determinations of water table locations unless
otherwise approved by the department in advance of drilling. All drill bits, drill rods, and down-hole
tools shall be thoroughly cleaned immediately before drilling. The borehole diameter shall allow a minimum
annular space of two inches between the outer circumference of the well
materials (casing or screen) and the borehole wall to allow for the emplacement
of sand and sealant.
(3) The well shall be developed so that
formation water flows freely through the screen and is not turbid, and sediment
and drilling disturbances are removed from the well to the maximum extent
practicable.
(4) Unless otherwise approved by the
department, schedule 40 (or heavier) polyvinyl chloride (PVC) pipe, stainless
steel pipe, or carbon steel pipe shall be used as casing. The casing shall have an inside diameter not
less than two inches. The casing
material selected for use shall be compatible with, and chemically inert with
respect to the anticipated chemistry of the ground water and appropriate for
the contaminants of interest at the copper mine facility. The casing material and thickness selected
for use shall have sufficient collapse strength to withstand the pressure
exerted by grouts used as annular seals and thermal properties sufficient to
withstand the heat generated by the hydration of cement-based grouts.
(5) Casing sections shall be joined using
welded, threaded, or mechanically locking joints. The method selected shall provide sufficient
joint strength for the specific well installation.
(6) The casing shall extend from the top of
the screen to at least 18 inches above ground surface. The top of the casing shall be fitted with a
removable cap, and the exposed casing shall be protected by a locking steel
well shroud. The shroud shall be large
enough in diameter to allow easy access for removal of the cap. Alternatively, monitoring wells may be
completed below grade. In this case, the
casing shall extend from the top of the screen to between six and twelve inches
below the ground surface; the monitoring wells shall be sealed with locking,
expandable well plugs; a flush-mount, watertight well vault that is rated to
withstand traffic loads shall be emplaced around the wellhead; and the cover
shall be secured with at least one bolt.
The vault cover shall indicate that the wellhead of a monitoring well is
contained within the vault.
(7) Well
Screen.
(a) For
water table monitoring wells. A
maximum 20-foot section of continuous well screen shall be installed across the
water table with at least five feet of well screen placed above the water table
interface to allow for seasonal fluctuations.
The department may approve a greater screen length based on the
hydraulic properties of the aquifer, the hydrogeologic
setting, predictable water level decline rates, or the depth of the well. Screen shall consist of continuous-slot, machine
slotted, or other manufactured schedule 40 (or heavier) PVC or stainless
steel. Screens created by cutting slots
into solid casing with saws or other tools, other than as performed by the
manufacturer, shall not be used. The
screen material selected for use shall be compatible with the anticipated
chemistry of the ground water and appropriate for the contaminants of interest
at the copper mine facility. The screen
slot size shall be selected to retain 90 percent of the filter pack.
(b) For
deep or confined aquifer monitoring wells.
Monitoring wells installed in confined aquifers or below the water table
elevation of the shallowest aquifer to monitor ground water conditions in
different aquifers at depth shall be installed with a maximum ten foot section
of continuous well screen. The
department may approve a greater screen length based on the hydraulic
properties of the aquifer, the hydrogeologic setting,
or the depth of the well. The top of the
screen shall be placed at the location of the geologic boundary between the top
of the aquifer and the bottom of confining aquifers. Screen shall consist of continuous-slot,
machine slotted, or other manufactured schedule 40 or heavier PVC or stainless
steel. Screens created by cutting slots
into solid casing with saws or other tools shall not be used. The screen material selected for use shall be
compatible with the anticipated chemistry of the ground water and appropriate
for the contaminants of interest at the copper mine facility. The screen slot size shall be selected to
retain 90 percent of the filter pack.
(8) Screen sections shall be joined using
welded, threaded, or mechanically locking joints. The method selected shall
provide sufficient joint strength for the specific well installation and shall
not introduce constituents that may reasonably be considered contaminants of
interest at the copper mine facility. A
cap shall be attached to the bottom of the well screen.
(9) Casing and well screen shall be centered
in the borehole by installing centralizers near the top and bottom of the well
screen.
(10) A filter pack shall be installed around
the screen by filling the annular space from the bottom of the screen to at
least two feet above the top of the screen with clean silica sand using methods
that prevent bridging. The filter pack
shall be properly sized to exclude the entrance of fine sand, silt, and clay
from the formation into the monitoring well.
All filter pack placed deeper than twenty feet below land surface shall
be placed by tremie pipe. The well shall be surged or bailed to settle
the filter pack and additional sand added, if necessary, before the bentonite seal is emplaced.
(11) A bentonite seal
shall be constructed immediately above the filter pack by emplacing bentonite chips or pellets, three eighths of an inch in
size or smaller, in a manner that prevents bridging of the chips/pellets in the
annular space. All bentonite
seals placed deeper than twenty feet below land surface shall be placed by tremie pipe. The bentonite seal shall be a minimum of three feet in
thickness and hydrated with clean water.
Adequate time shall be allowed for expansion of the bentonite
seal before installation of the annular space seal.
(12) The annular space above the bentonite seal shall be sealed with cement grout or bentonite-based sealing material acceptable to the state
engineer in accordance with 19.27.4 NMAC.
All annual sealing materials placed deeper than twenty feet below land
surface shall be placed by tremie pipe. Annular space seals shall extend from the top
of the bentonite seal to the ground surface for wells
completed above grade, or to a level three to six inches below the top of
casing for wells completed at or below grade.
(13) A concrete pad with a minimum two-foot
radius and a minimum four-inch thickness shall be poured around the shroud or
well vault and wellhead. The concrete
and surrounding soil shall be sloped to direct rainfall and runoff away from
the wellhead.
E. Monitoring wells - office of the state
engineer requirements. A permittee shall obtain any well permits required by the
office of the state engineer prior to well drilling.
F. Ground water sample collection procedure. A permittee shall
perform all ground water sample collection, preservation, transport and
analysis according to the following procedure.
(1) Depth to ground water shall be measured
from the top of well casing at point of survey to the nearest 0.01 feet using
an electronic water level indicator consisting of dual conductor wire encased
in a cable or tape graduated to 0.01 feet, a probe attached to the end of the
conductor wire, and a visual or audible indicator; pneumatically or by using a
fiberglass or steel measuring tape using the chalk method, or other method
approved by the department.
(2) Monitoring wells shall be purged before
sample collection by one of the following methods, unless otherwise approved by
the department.
(a) Three well volumes of water shall be
purged from the well using conventional methods before sample collection.
(b) The monitoring well shall be purged using
low-flow purging methods as approved by the department until measurements of
indicator parameters have stabilized.
Low-flow purging shall be conducted with a low-flow pump using a low-stress
approach, micro-purge method or minimal drawdown method. Indicator parameters shall be measured
periodically during purging. A parameter
stabilization log shall be kept during each sampling event for each monitoring
well and include: date; water quality indicator parameter measurements; time
for all measurements; and the purge volume extracted.
(c) For low yield wells, the well shall be
purged of all available water.
(3) Following purging and immediately before
sample collection the following field parameters shall be measured and
recorded: pH, specific conductance, and temperature.
(4) In-line flow-through cells shall be
disconnected or by-passed during sample collection, if used during purging.
(5) Samples from the well shall be obtained,
prepared, preserved and transported to an analytical laboratory for analysis
pursuant to the methods authorized by Subsection B of 20.6.7.29 NMAC.
G. Ground water sampling - existing copper
mine facilities. For existing copper
mine facilities a permittee shall collect ground
water samples from all monitoring wells, seeps and springs for the analytes and at the frequency specified in an existing
discharge permit. A permittee
shall submit to the department semi-annual monitoring reports containing the
information required in Section 20.6.7.29 NMAC.
H. Ground water sampling - reduction of
sampling analytes. A permittee may
request approval from the department to reduce the sampling frequency of
individual water quality analytes. The basis for consideration of reduction of
sampling frequency may include a demonstration that the analyte
is not present in the impoundment or mine unit being monitored, or could not be
generated from the materials present through degradation, oxidation, decay or
any other expected process. A permittee may also request approval from the department to
reduce sampling frequency of an individual analyte if
it has not been detected in a particular monitoring well, is consistently below
the applicable standard, or is stable and predictable for eight consecutive
quarters. Ground water sampling analyte lists and the frequency of sampling shall be
reevaluated upon permit renewal.
I. Ground water sampling - new monitoring
wells. A permittee
shall submit to the department for approval a proposal for quarterly ground
water sampling from each newly installed monitoring required pursuant to this
section. Sampling analyte
lists shall be based on the geochemical characteristics of the solution or
material contained in the impoundment or mine unit intended to be monitored,
including constituents that can be generated from the materials present through
degradation, oxidation, decay or any other expected process. Proposed analytes
shall include field parameters as required in Subsection F of this section,
alkalinity-bicarbonate, alkalinity-carbonate, metals, and other analytes from Section 20.6.2.3103 NMAC as applicable.
(1) Samples shall be collected from each newly
installed monitoring well required pursuant to this section for a copper mine
facility before emplacement of ore, waste rock or discharge of tailings or
other water contaminants at an individual leach stockpile, waste rock
stockpile, tailings impoundment or other impoundment.
(2) For copper mine facilities installing a
new monitoring well during the term of a discharge permit, during construction
of a new impoundment, or as a result of required corrective actions, samples
shall be collected from the newly installed monitoring wells within 30 days of
well completion and prior to commencing operation of the newly constructed unit
as applicable.
J. Monitoring well survey and ground water
flow determination. The permittee shall survey or otherwise locate monitoring wells
and provide location information as required by this section. The coordinate location (northing and
easting) shall be provided in the established coordinate system for the copper
mine facility with an accuracy (rounded to the nearest foot/tenth meter) and
shall also be provided to the department in one of the following coordinate
systems: NM state plane (NAD 83) to the nearest foot, UTM (NAD 83) to the
nearest tenth of a meter, or latitude/longitude (Lat/Long
- WGS84) to the nearest tenth of a second.
Elevation of the ground surface at the well location shall be provided
to the nearest foot above mean sea level.
Elevation of the water level measuring point shall be provided to the
nearest hundredth of a foot above mean sea level. The water level measuring point for
monitoring wells shall be clearly marked on the casing. Depth to ground water at each monitoring well
location shall be measured from the point of survey to the nearest hundredth of
a foot in all surveyed wells pursuant to Subsection F of this section, and the
data shall be used to develop a map showing the location of all monitoring
wells and the direction and gradient of ground water flow at the copper mine
facility.
K. Monitoring well completion report. A permittee shall
submit to the department a monitoring well completion report for all newly
installed monitoring wells. The report
shall be submitted within 60 days of completion of installation of the
monitoring well. The report shall
contain the following information.
(1) Construction and lithologic
logs for the new monitoring wells including well record information specified
by 19.27.4 NMAC.
(2) Depth to ground water measured in each new
monitoring well.
(3) Survey data and a survey map showing the
locations of each new monitoring well and a ground water elevation contour map
developed pursuant to Subsection L of this section.
(4)
Analytical results of ground water samples collected from the new
monitoring wells, including laboratory quality assurance and quality control
summary reports, and field parameter measurements.
L. Ground water elevation contour maps. A permittee shall
develop ground water elevation contour maps on a semi-annual basis using data
associated with all monitoring wells installed in the appropriate geologic
formation and as required pursuant to this section. Top of casing elevation data, obtained from
monitoring well surveys completed pursuant to this section and quarterly depth
to ground water measurements in monitoring wells shall be used to calculate
ground water elevations at monitoring well locations. Ground water elevations between monitoring
well locations shall be estimated using common interpolation methods. Ground water elevations shall be expressed in
feet. A contour interval appropriate to
the data shall be used. Ground water
elevation data used to create potentiometric maps shall be limited to data
collected during the quarter being reported.
Ground water elevation contour maps shall depict the ground water flow
direction, using arrows, based on the orientation of the ground water elevation
contours, and the location and identification of each monitoring well and
monitored structure or impoundment. A permittee shall submit ground water elevation contour maps
to the department in the semi-annual monitoring reports, and submit annually a
map showing the extent of the existing open pit surface drainage area as
defined in Paragraph (43) of Subsection B of 20.6.7.7 NMAC.
M. Perennial stream sampling and reporting -
routine. A permittee
shall submit to the department for approval a proposal to collect quarterly
surface water samples from each perennial surface waters of the state within a
copper mine facility as necessary to monitor potential ground water inflow to
the perennial surface water. Analytes to be sampled and analyzed shall be based on the
geochemical characteristics of the solution or material contained in the
impoundment or mine unit closest to or most likely to effect the perennial
stream being sampled. A permittee shall submit to the department in the semi-annual
monitoring reports the field parameter measurements, the analytical results
(including the laboratory quality assurance and quality control summary report)
and a map showing the location of each sampling location in relation to the
copper mine facility.
N. Process
water, tailings slurry, impacted stormwater, seep,
and spring sampling and reporting. An applicant for a new, renewed
or modified discharge permit or permittee shall
submit for department approval a
sampling and analysis plan to monitor quarterly the quality of process water, tailings
slurry, impacted stormwater, seeps and springs at a
copper mine facility. Proposed analytes shall include field parameters as required in
Subsection F of this section, alkalinity-bicarbonate, alkalinity-carbonate,
metals, and other analytes from Section 20.6.2.3103
NMAC as applicable.
[20.6.7.28 NMAC - N,
12/1/13]
20.6.7.29 GENERAL
MONITORING REQUIREMENTS FOR ALL COPPER MINE FACILITIES:
A. Monitoring reports – schedule of submittal. A permittee shall
submit monitoring reports to the department on a semi-annual schedule that
shall contain all quarterly monitoring data and information collected pursuant
to the copper mine rule. Semi-annual
monitoring reports shall be submitted according to the following schedule:
(1) January 1 through June 30 (first and
second quarter sample periods) –
report due by August 31; and
(2) July 1 through December 31 (third and
fourth quarter sample periods) –
report due by February 28.
B. Monitoring reports - general requirements. A permittee shall submit monitoring reports to the department
that include a summary providing of all activities related to discharges at the
copper mine facility during the preceding six months including, but not limited
to the following:
(1) operational activities;
(2) minor spills and corrective actions not
reportable under Section 20.6.2.1203 NMAC;
(3) major spills and corrective actions
reportable under Section 20.6.2.1203 NMAC;
(4) maintenance and repairs of discharge
systems or units;
(5) a synopsis of completed studies relevant
to the copper mine facility or unit;
(6) monitoring well installation and abandonment;
(7) construction or demolition of structures;
(8) general locations and volumes of leach ore
placement;
(9) general locations and volumes of waste
rock placement; and
(10) a summary of seep and spring flows, if
applicable.
C. Monitoring Reports -
analytical requirements. A permittee shall submit monitoring reports to the department
that include the following analytical information.
(1)
A single table shall be provided semi-annually in a paper and electronic
spreadsheet format approved by the department.
The table shall include water quality data with those parameters
analyzed and water levels measured shown in columns. Single sampling events for each monitoring
site shall be shown in rows with the site name in the far left column, the
sampling date in the second column, the water level in the third column,
followed by individual analytes in the following
columns. Tabulated electrical
conductivity shall include the measured field values and corrected values to 25
degrees Celsius. Values exceeding
standards shall be bolded. Any
constituent not analyzed for a particular site shall be shown as “NA”, any site
not sampled shall be shown as “NS” with an associated reason, and any site not
measured for water levels shall be shown as “NM” with an associated reason.
(2) Semi-annual monitoring reports shall
include water quality trends, laboratory CQA/CQC, trends in hydrographs, and
potentiometric surface maps. At a
minimum, graphs with the previous five years of indicator parameter data shall
be presented for TDS, sulfate, and water levels. pH may substituted for water
levels at reservoirs or springs.
D. Sampling and analysis methods. A permittee shall
sample and analyze water pursuant to Subsection B of 20.6.2.3107 NMAC.
E. Process water, leach solutions, tailings
and liner solution collection system volume measurement and reporting. A permittee shall
measure the volume of process water, leach solutions applied, and tailings
discharges and solution collection system fluids collected using flow meters
pursuant to Paragraph (5) of Subsection C of 20.6.7.16 NMAC. Meter readings shall be recorded at intervals
no less than once per week. The average
daily discharge volume for each recording interval shall be calculated by
dividing the difference between the meter readings by the number of days
between meter readings. The permittee shall provide the meter readings including the
date, time and units of each measurement, and calculations for the average
daily volumes discharged and collected in gallons per day, in the semi-annual
monitoring reports submitted to the department.
F. Flow meter accuracy. Flow meters shall be monitored for accuracy
by comparing flow meter readings with prior readings and noting any significant
variations in readings that are not consistent with changes in operating
conditions. If a flow meter shows
inconsistent readings or otherwise appears to be non-operational, the permittee shall make a record of the inconsistent readings
and shall repair or replace a flow meter that does not appear to be operating
properly with a flow meter calibrated according to the flow metering plan pursuant
to Paragraph (5) of Subsection C of 20.6.7.17 NMAC. The permittee shall
submit the results of any inconsistent meter readings and the repair or
replacement of any flow meter(s) to the department annually in the monitoring
report due by February 1, including information on the location and meter
identification nomenclature specified in Paragraph (1) of Subsection E of
20.6.7.18 NMAC.
G. Meteorological data. A permittee shall
annually submit to the department meteorological data collected at sites throughout
the copper mine facility during each calendar year according to the approved
meteorological data plan submitted pursuant to Subsection W of 20.6.7.11
NMAC. The data shall be submitted to the
department in the monitoring report due on February 28 of each year.
H. Interceptor system monitoring and
evaluation. A permittee
operating an interceptor well system for a tailing impoundment or a waste rock
stockpile shall provide an annual monitoring and evaluation report of the
interceptor system. The report shall be
submitted to the department in the monitoring report due by February 28 of each
year and shall include the following information obtained from within and
surrounding the interceptor system as applicable:
(1) monthly measurements of the volume of
impacted ground water pumped by individual wells, interceptor trenches, or
other interceptor system components and the total volume pumped within the
monitoring period;
(2) the operational status of interceptor
system components;
(3) water level measurements of monitoring and
interceptor wells or other system components as applicable;
(4) semi-annual ground water elevation contour
maps pursuant to the requirements of Subsection L of 20.6.7.28 NMAC;
(5) semi-annual iso-concentration
maps of contaminants of concern; and
(6) an annual performance evaluation
assessment of the interceptor well system that contains information on:
(a) the performance of individual interceptor
wells and/or other interceptor system components over time;
(b) accumulated drawdown maps showing the
historical change in water level;
(c) time series hydrographs and graphs of
water quality trends for contaminants of concern covering at a minimum data
from the past five year time period;
(d) water quality distribution within the
system over time;
(e) cross-sectional diagrams depicting the
geologic, water level elevation and water quality in vertical profile;
(f) an analysis of the data, maps, graphs and
diagrams contained in the assessment; and
(g) recommendations for changes to optimize
performance of the system.
[20.6.7.29 NMAC - N,
12/1/13]
20.6.7.30 CONTINGENCY
REQUIREMENTS FOR COPPER MINE FACILITIES:
A. Exceedance of ground water standards. If monitoring of a water contaminant source
indicates that applicable standards are exceeded, or if the extent or magnitude
of existing ground water contamination is significantly increasing, the permittee shall collect a confirmatory sample from the
monitoring location(s) within 15 days to confirm the initial sampling results,
unless the permittee elects to accept the initial
sampling results as an accurate measurement of water quality. Within 30 days of the confirmation of the exceedance of applicable standards or significant increases
in existing contamination, the permittee shall take
the following actions. The department
may approve a longer time period not to exceed 90 days for good cause shown.
(1)
A corrective action plan shall be submitted to the department for
approval. The corrective action plan
shall describe any repairs made or proposed to address the cause of the exceedance or increase and shall propose source control
measures and a schedule for implementation.
The department shall approve or disapprove the corrective action plan
within 60 days of receipt. Following the
department’s approval of the corrective action plan, the permittee
shall initiate implementation of the plan according to the approved
schedule. If the department does not
approve the corrective action plan, the department shall notify the permittee of the deficiencies by certified mail. The permittee shall
submit a revised corrective action plan to the department within 60 days of the
date of postal notice of the notice of deficiency. The department shall approve or disapprove
the revised corrective action plan within 60 days of receipt.
(2) If the corrective action plan proposes
actions to correct deficiencies with a liner, the proposed actions shall
include repair or replacement of the existing liner, or construction and lining
of a new impoundment. If liner repair is
practicable, repairs shall be made pursuant to 20.6.7.17 NMAC or using a
material that is equivalent to the existing liner with respect to material
thickness and composition. Repairs shall
be completed in accordance with the approved schedule. If liner repair is not practicable, the
corrective action plan shall propose reconstruction and relining of the
impoundment pursuant to 20.6.7.17 NMAC or construction and lining of a new
impoundment pursuant to 20.6.7.17 NMAC.
Reconstruction or construction plans
and specifications for the impoundment shall be completed pursuant to
20.6.7.17 NMAC and submitted with the corrective action plan along with a
schedule for implementation. If a new
impoundment is constructed the existing impoundment shall be closed pursuant to
20.6.7.33 NMAC.
(3) The permittee
may be required to submit to the department for approval an abatement plan,
which includes a site investigation to define the source, nature and extent of
contamination; a proposed abatement option, and a schedule for its
implementation. The site investigation
and abatement option shall be consistent with the requirements and provisions
of Sections 20.6.2.4101, 20.6.2.4103, 20.6.2.4106, 20.6.2.4107, 20.6.2.4108 and
20.6.2.4112 NMAC.
(4) A corrective action plan or abatement plan
approved or submitted prior to the date of the copper mine rule shall satisfy
the requirements of this subsection provided that any substantial change in
monitoring results after the effective date of the copper mine rule may require
additional corrective action under this Subsection or modification of a
previously approved or submitted corrective action plan or abatement plan.
B. Monitoring well replacement. If information available to the department
indicates that a monitoring well(s) required by 20.6.7.28 NMAC is not located downgradient of or does not adequately monitor the
contamination source it is intended to monitor, is not completed pursuant to
20.6.7.28 NMAC, or contains insufficient water to effectively monitor ground
water quality, a permittee shall install a
replacement monitoring well(s). The
replacement monitoring well(s) shall be installed within 120 days of the date
of postal notice of notification from the department and a survey of the
replacement monitoring well(s) shall be performed within 150 days of the date
of postal notice of notification from the department. The replacement monitoring well(s) shall be
located, installed, completed, surveyed and sampled pursuant to 20.6.7.28 NMAC. The permittee shall
develop a monitoring well completion report pursuant to Subsection K of
20.6.7.28 NMAC and submit it to the department within 180 days of the date of
postal notice of notification from the department. The department may approve longer time
periods for good cause shown.
C. Exceedance of permitted maximum daily discharge
volume. If the maximum daily
discharge volume authorized by the discharge permit at a particular permitted
location is exceeded by more than 10% for any three average daily discharge
volumes within any one year period, the permittee
shall submit within 60 days of the third exceedance a
corrective action plan for reducing the discharge volume or an application for
a modified or renewed and modified discharge permit pursuant to 20.6.7.10
NMAC. Within 30 days of postal notice of
department approval, the permittee shall initiate
implementation of the corrective action plan.
D. Insufficient impoundment capacity. If a survey or capacity calculations indicate
an existing impoundment or impoundment system is not capable of meeting the
capacity requirements in Subsection D of 20.6.7.17 NMAC, within 90 days of the
effective date of the discharge permit the permittee
shall submit a corrective action plan for department approval. The plan may include, but is not limited to,
proposals for constructing an additional impoundment, reducing the discharge
volume, removing accumulated solids, or changing process water or impacted stormwater management practices. The corrective action plan shall include a
schedule for implementation. The schedule
shall propose completion within one year from the submittal date of the initial
corrective action plan. Within 30 days
of the date of postal notice of the department’s approval of the corrective
action plan, the permittee shall initiate
implementation of the plan. Should the
corrective action plan include removal of accumulated solids, solids shall be
removed from the impoundment in a manner that is protective of the impoundment
liner. The plan shall include the method
of removal, and locations and methods for storage and disposal of the solids.
E. Inability to preserve required freeboard. If a minimum of two feet of freeboard cannot
be preserved in the process water or impacted stormwater
impoundment, the permittee shall submit a corrective
action plan to the department for approval.
The corrective action plan shall be submitted within 30 days of the date
of discovery of the initial exceedance of the
freeboard requirement. The plan may
include, but is not limited to, proposals for constructing an additional
impoundment, reducing the maximum daily discharge volume, or changing process
water or impacted stormwater management
practices. The corrective action plan
shall include actions to be immediately implemented to regain and maintain a
minimum of two feet of freeboard until permanent corrective actions have been
completed. The corrective action plan
shall include a schedule for implementation.
The schedule shall propose completion within one year from the submittal
date of the initial corrective action plan.
Within 30 days of the date of postal notice of the department’s approval
of the corrective action plan, the permittee shall
initiate implementation of the plan.
F. Impoundment - structural integrity
compromised. Within 24 hours of
discovery, a permittee shall report to the department
any damage to the berms or the liner of an impoundment or any condition that
may compromise the structural integrity of the impoundment. Within 15 days of discovery, the permittee shall submit to the department a corrective
action plan describing any actions taken or proposed to be taken to repair the
damage or condition. Within 30 days of
receipt, the department shall approve or disapprove the proposed corrective
action plan. Repairs to the impoundment
liner or berms shall be completed pursuant to 20.6.7.17 NMAC. The corrective action plan shall include a
schedule for implementation. Within 30
days of the date of postal notice of the department’s approval of the
corrective action plan, the permittee shall initiate
implementation of the plan.
G. Unauthorized discharge - reporting and
correction. In the event of a spill
or release that is not authorized by the discharge permit, the permittee shall notify the department and take corrective
actions pursuant to 20.6.2.1203 NMAC.
Process water or impacted stormwater or other
material that is spilled or released that has the potential to impact water
quality shall be contained and pumped to a sump, impoundment, or leach
stockpile permitted pursuant to the copper mine rule. The permittee shall
repair or replace failed components within 48 hours from the time of failure or
as soon as practicable.
H. Leach stockpiles, tailings impoundment or
waste rock stockpiles - unstable slopes.
Within 24 hours of discovery, a permittee
shall report to the department any evidence of instability of the slope of a
leach stockpile or tailings impoundment or any condition that may compromise
the structural integrity of the leach stockpile, tailings impoundment or waste
rock stockpile. Within 15 days of
discovery, the permittee shall submit to the
department a corrective action plan describing any actions taken or proposed to
be taken to repair the damage or condition.
Within 30 days of receipt, the department shall respond to the proposed
corrective action plan. Repairs to the
slopes shall be completed consistent with the requirements of 20.6.7.20,
20.6.7.21, 20.6.7.22, and 20.6.7.33 NMAC, as applicable. The corrective action plan shall include a
schedule for implementation. Within 30
days of the date of postal notice of the department’s approval of the
corrective action plan, the permittee shall initiate
implementation of the plan.
I. Erosion of cover system or compromised stormwater conveyance structure, ponding of stormwater, or other conditions. Within 24 hours of discovery, a permittee shall report to the department any evidence of
significant erosion of a cover system required by 20.6.7.33 NMAC or compromise
of a stormwater conveyance structure; any significant
ponding of stormwater on the cover system; or any
other condition that may significantly compromise the cover system or stormwater conveyance structure. Within 15 days of the reported discovery, the
permittee shall submit to the department a corrective
action plan describing any actions taken or proposed to be taken to repair the
damage or condition. Within 30 days of
receipt, the department shall respond to the proposed corrective action
plan. Repairs to the cover system or stormwater conveyance structure shall be completed
consistent with the applicable requirements of 20.6.7.33 NMAC. The corrective action plan shall include a
schedule for implementation. Within 30
days of the date of postal notice of the department’s approval of the
corrective action plan, the permittee shall initiate
implementation of the plan.
J. Water management and water treatment system
failure. Within 24 hours of
discovery, a permittee shall report to the department
any significant failure of a water management or water treatment system
constructed and operated pursuant to 20.6.7.33 NMAC or any condition that may
cause a significant failure of the water treatment system. Within 15 days of the reported discovery, the
permittee shall submit to the department a corrective
action plan describing any actions taken or proposed to be taken to repair the
damage or condition. Within 30 days of
receipt, the department shall respond to the proposed corrective action
plan. Repairs to the water treatment
system shall be completed consistent with the applicable requirements of
20.6.7.33 NMAC. The corrective action
plan shall include a schedule for implementation. Within 30 days of the date of postal notice
of the department’s approval of the corrective action plan, the permittee shall initiate implementation of the plan.
K. Interim Emergency Water Management. An
applicant or permittee shall develop and submit to
the department an interim emergency fluid management plan. The purpose of the interim emergency water
management plan is to provide information to the department on how process
water systems, interceptor wells, seepage collection systems and storm water
management systems are operated and maintained to prevent discharges in the
event the department assumes management of the copper mine facility. An applicant or permittee
shall include in the plan process water flow charts showing electrical system
requirements, pump operations, seepage collection and interceptor well
operations and applicable operation and maintenance requirements. The interim process water management plan
shall be updated as major process water system changes occur that would affect
the interim emergency water management plan.
The interim emergency water management plan shall be maintained on site
and be available for department review.
The plan shall be submitted within180 days of discharge permit renewal
for an existing copper mine facility and no less than 60 days prior to
discharge at a new copper mine facility.
[20.6.7.30 NMAC - N,
12/1/13]
20.6.7.31 [RESERVED]
20.6.7.32 [RESERVED]
20.6.7.33 CLOSURE
REQUIREMENTS FOR COPPER MINE FACILITIES: An applicant or permittee shall submit a closure plan for all portions of a
copper mine facility covered by a discharge permit that addresses the following
requirements.
A. Design storm event.
Permanent storm water conveyances, ditches, channels and diversions
required for closure of a discharging unit at a copper mine facility shall be
designed to convey the peak flow generated by the 100 year return interval
storm event. The appropriate design
storm duration shall be selected based on the maximum peak flow generated using
generally accepted flood routing methods.
Sediment traps or small basins intended as best management practices may
not be subject to this requirement, based on department approval.
B. Slope stability. At
closure, tailing impoundment(s) not regulated by the office of the state
engineer, leach stockpile(s) or waste rock stockpile(s) shall be constructed to
promote the long-term stability of the structure. Closure of all critical structures at a
copper mine facility shall be designed for a long-term static factor of safety
of 1.5 or greater and non-critical structures shall be designed for a long-term
static factor of safety of 1.3 or greater.
The units being closed shall also be designed for a factor of safety of
1.1 or greater under pseudostatic analysis. A stability analysis shall be conducted for
the unit and shall include evaluation for static and seismic induced
liquefaction.
C. Surface re-grading.
During closure of any tailing
impoundment, waste rock pile or leach stockpile at a copper mine facility, the surface shall be re-graded to a
stable configuration that minimizes ponding and promotes the conveyance of
surface water off the unit. The operator
may propose for department approval a grading plan that allows ponding as an
appropriate part of closure provided additional ground water protection
measures, such as synthetic liner systems, are included as part of the design.
(1)
The top surfaces of all tailing impoundments at a copper mine facility shall be constructed to a minimum final
grade of 0.5% after accounting for the estimated magnitude and location of
large-scale settlement due to totaling consolidation or differential
settlement. Prior to final re-grading
activities, the permittee shall ensure that adequate
drainage of the tailing impoundment has occurred to ensure that large-scale
settlement following grading is minimized.
The CQC and CQA plan shall provide the methods and procedures to ensure
that the design and construction activities will be completed according to the
approved final design and specifications, including design aspects related to
potential future settlement.
(2) The top surfaces of all waste rock and
leach stockpiles at a copper mine facility shall be constructed to a minimum
final grade of 1%.
(3) The outslopes of
all tailing impoundments, waste rock and leach stockpiles at a copper mine facility shall be constructed to an interbench slope no steeper than three horizontal to one
vertical (3H:1V). Alternative slope
gradients may be allowed within an open pit surface drainage area, or if the permittee provides information showing that the cover
performance objectives in Subsection F of this section are met and the
exception is approved by the department.
(a) At existing copper mine facilities, where
re-grading of individual outslopes would intersect a
highway, cultural resource, physical infrastructure or a surface water of the
state, outslopes may be re-graded no steeper than
2.5:1 or as otherwise approved by the department in Paragraph (3) of this
subsection.
(b) At existing copper mine facilities, the
waste rock and leach stockpile outslopes within an
open pit surface drainage area are not required to be graded and covered.
(4) For design purposes, allowable
uninterrupted slope lengths shall be calculated using a generally accepted
erosion estimation method and shall be based on the final slope angle and cover
material characteristics representative of the cover materials proposed for use
at the site. The maximum uninterrupted
slope lengths shall be no greater than 300 feet for 4.0:1, 200 feet for 3:1
slopes and 175 feet for 2.5:1 slopes.
Alternative slope lengths may be allowed if the permittee
provides information showing that the cover performance objectives specified in
Subsection F of this section will be achieved and the exception is approved by
the department.
D. Open pits. The
applicant or permittee shall provide detailed
information and a closure plan for open pits that demonstrates how the
following criteria will be addressed through water management or other
activities at open pits to minimize the potential to cause an exceedance of applicable water quality standards:
(1) Open pits in which the evaporation from
the surface of an open pit water body is predicted to exceed the water inflow
shall be considered to be a hydrologic evaporative sink. If an open pit is determined to be a
hydrologic evaporative sink, the standards of 20.6.2.3103 NMAC do not apply
within the area of open pit hydrologic containment. This is limited to contaminants associated
with standard copper mining practices and found to be present within the open
pit, or that can be generated from the natural materials present in the open
pit through degradation, oxidation, decay or other expected process.
(2) After closure, if water within an open pit
is predicted to flow from the open pit into ground water and the discharge from
an open pit may cause an exceedance of applicable
standards at monitoring well locations specified by 20.6.7.28 NMAC, then the
open pit shall be considered a flow-through pit. In a flow-through pit system the open pit
water quality must meet ground water standards of 20.6.2.3103 NMAC or the open
pit must be pumped in order to maintain an area of open pit hydrologic
containment.
E. Surface water management. The permittee of a
copper mine facility shall maintain and implement a plan for the management of
all stormwater and sediment generated from the copper
mine facility during reclamation and following closure.
F. Cover system. At
closure, a permittee shall install a cover system on
waste rock piles, leach stockpiles, tailing impoundments and other units that
have the potential to generate leachate and cause an exceedance
of applicable standards at monitoring well locations specified by 20.6.7.28
NMAC using the following criteria, as appropriate. Any soil cover systems installed before the
effective date of the copper mine rule are not subject to the requirements of the
copper mine rule unless the department determines that an exceedance
of applicable standards has occurred or is likely to occur as a result of the
existing installed cover system, and that modification of the cover will
prevent further impacts to ground water.
Any cover system installed at an existing copper mine facility after the
effective date of the copper mine rule shall be a store and release earthen
cover system with a thickness of thirty-six inches and shall be constructed in
accordance with the applicable requirements of Paragraphs (1) through (3) of
this subsection. For leach and waste
rock stockpiles inside the open pit surface drainage area, a thirty-six inch
cover is only required on the top surfaces.
(1) The cover system shall be constructed of
thirty-six inches of earthen materials that are capable of sustaining plant
growth without continuous augmentation and have erosion resistant
characteristics. Erosion rates shall be
equal to or less than stable slopes in the surrounding environment after the
vegetation has reached near-equilibrium cover levels. Erosion will be estimated using generally
acceptable methods.
(2) Soil cover systems shall be designed to
limit net-percolation by having the capacity to store within the fine fraction
at least 95 percent of the long-term average winter (December, January and
February) precipitation or at least 35% of the long-term average summer (June,
July and August) precipitation, whichever is greater. The water holding capacity of the cover system
will be determined by multiplying the thickness of the cover times the
incremental water holding capacity of the approved cover materials. Appropriate field or laboratory test results
or published estimates of available water capacity shall be provided by the permittee to show that the proposed cover material meets
this performance standard.
(3) Cover thickness or other design criteria
may be reduced or modified if:
(a) the cover system is installed over a lined
unit and the design and function of the liner system will complement the cover
system, or the permittee proposes a composite,
layered or an alternate cover system with an equal or greater level of ground
water protection described in Paragraphs (1) and (2) of this section; or
(b) a demonstration is made that an alternate
proposed cover system will ensure that an exceedance
of applicable standards will not occur in ground water; such a demonstration shall include:
(i) a
comprehensive modeling study to estimate the quantity of net-percolation
through a cover system that will not result in an exceedance
of applicable standards in ground water;
(ii) a plan for performance monitoring of the
cover system, including ground water monitoring; and
(iii) an agreement by the permittee to pay for the cost of a third party review of
the modeling study and performance monitoring plan.
(4) A CQA/CQC plan shall be submitted for
department review as part of the final cover design. The plan shall identify a licensed New Mexico
professional engineer as the designated CQA officer and include his or her
supervision of the CQA plan and shall identify the methods proposed to ensure
that the closure construction will be completed in accordance with the design
and specifications. Following the
completion of the work, the CQA officer shall prepare a final CQA report. The final CQA report shall provide a detailed
description of the installation methods and procedures and document that the
work was conducted as designed.
G. Process solution reduction plans. The
closure plan shall include a process solution reduction plan for the copper
mine facility. The process solution
reduction plan shall be a conceptual engineering document that describes the
processes and methods that are expected to be used at a copper mine facility to
reduce the quantities of process water in storage and circulation inventory at
the end of copper production in preparation for long-term water management or
treatment. The plan shall describe and
list the current or proposed process water management units and inventories of
process water. The plan shall describe
the modifications to the process water management system required to create an
efficient process water reduction system and the operation and maintenance
requirements for the system with material take-offs of sufficient detail to
prepare an engineering-level cost estimate equivalent to the cost estimate to
be provided with the closure plan. The
plan shall provide an estimate of the required water reduction period based on
the water reduction calculations provided in the plan to be used for planning
and operation and maintenance cost calculations.
H. Closure water management and water
treatment plan. The applicant or permittee
shall submit a closure water management and water treatment plan. The closure water management and water
treatment plan shall consist of a conceptual engineering document that
describes the processes and methods that are expected to be used at a copper
mine facility for long-term management or treatment of process water. The plan shall include an analysis of the
expected operational life of each long-term water management or water treatment
system, including interceptor systems, until each system is no longer needed to
protect ground water quality and applicable standards are met. The plan shall describe the long-term water
management and water treatment systems with sufficient detail, including
locations of key components, expected operational life, material take-offs, and
capital, operational and maintenance costs to prepare an engineering-level cost
estimate. The plans shall provide
sufficient detail to estimate capital and operating costs to provide the basis
for financial assurance for these activities.
I. Impoundments. The permittee shall close all reservoirs and impoundments in a
manner that ensures that the requirements of the Water Quality Act, commission
rules and the discharge permit are met.
Closure activities shall meet the following requirements:
(1) Fluids from reservoirs and impoundments shall
be drained and appropriately disposed of.
(2) Sediments in the reservoir or impoundment
shall be characterized and abated or appropriately disposed of in a manner that
will not cause an exceedance of applicable standards.
(3) Materials underlying the reservoir or
impoundment shall be characterized to determine if releases of water
contaminants have occurred.
(4) Where characterization results show
materials remaining within or beneath any reservoir or other impoundment that
are not naturally occurring to be a source or potential source of ground water
contamination outside the open pit surface drainage area, the reservoir or
impoundment, shall be covered and re-vegetated pursuant to this section.
(5) Based on the characterization conducted
pursuant to Paragraph (4) of this subsection, further characterization of
ground water beneath and adjacent to the reservoir or impoundment may be
required to determine if abatement is necessary.
(6) Reservoirs and impoundments located
outside the open pit surface drainage area shall be closed in a manner that
creates positive drainage away from the impoundments, unless needed during
closure and post closure for storm water retention or seepage interception,
post-closure water management and treatment, or unless otherwise approved by
the department. Post-closure reservoirs
or impoundments to be used for the collection of non-impacted storm water and
located over areas where residual wastes, vadose zone
contamination or ground water contamination remains
shall be synthetically lined pursuant to the design and construction criteria
of Paragraph (4) of Subsection D of 20.6.7.17 NMAC.
(7) The department may approve alternative
plans for closure of impoundments based on site-specific conditions when the
alternative closure method will provide the same level of ground water
protection as the methods specified in Paragraphs (1) through (6) of this
subsection.
J. Pipelines, tanks and sumps. The permittee shall remove and properly dispose of the tailing,
process water, or other materials contained in pipelines, tanks or sumps as
soon as they are no longer needed for site operations, water treatment, or
other post-closure water management. Any
residual tailing, process water, sediments or contaminated water shall be
removed from the pipelines, tanks or sumps prior to closure and dispose of the
material in a department approved manner.
Pipelines may be removed for appropriate disposal or cleaned and buried
in place. Sumps may be removed for
disposal or cleaned and broken up and buried in place. During pipeline, tank or sump closure, the permittee shall inspect the entire pipeline, tank or sump
area for evidence of past spills and characterize the impacts and potential
impacts of such spills. The permittee shall document all areas where there is evidence
of spills and propose to the department appropriate corrective actions pursuant
to 20.6.2.1203 NMAC. Following pipeline,
tank or sump removal, the permittee shall remove for
disposal or reclaim in place all acid generating pipeline, tank or sump bedding
material that has the potential to impact water quality in excess of the
applicable standards.
K. Crushing, milling, concentrating and
smelting. The permittee shall
close all crushing, milling, concentrating or smelting areas in a manner that
ensures that the requirements of the Water Quality Act, commission rules and
the discharge permit are met. Any
remaining materials containing water contaminants that may cause an exceedance of the applicable standards shall be removed or
disposed of in a department approved manner or covered pursuant to this
section. The permittee
shall characterize the crushing, milling, concentrating or smelting area for
the presence of any remaining potential water contaminants. If water contaminants are present that may
with reasonable probability move directly or indirectly into ground water and
cause an exceedance of the applicable standards, the
area shall be covered pursuant to this section.
L. Closure monitoring and maintenance. During closure the permittee
shall continue monitoring pursuant to 20.6.7.28 and 20.6.7.29 NMAC. The permittee may
propose and the department may approve modifications to the required monitoring
to reflect changes in conditions during closure, including abandonment of
monitoring wells.
M. Exceptions to design criteria. The closure design criteria of this section
may be modified if approved by the department.
Design criteria required by the office of the state engineer dam safety
bureau for regulated units, such as jurisdictional impoundments (including
tailing impoundments), shall supersede the criteria in this section.
[20.6.7.33 NMAC - N,
12/1/13]
20.6.7.34 IMPLEMENTATION
OF CLOSURE:
A. Notification of intent to close. A permittee shall notify the department in writing of its
intent to implement the closure plan for a copper mine facility or an
individual unit of a copper mine facility.
Notification shall be given at least 30 days prior to implementation of
closure construction activities.
B. Initiation of
closure. Upon notice of intent to
implement a closure plan, a permittee shall commence
closure in accordance with the approved closure plan. Implementation of closure includes
preparation and submittal of a final design and CQA/CQC plan. The permittee shall
submit the final design and CQA/CQC plan to the department for approval within
180 days of submission of a notice of intent to implement the closure
plan. The permittee
shall commence final closure construction of the copper mine facility or unit
within 180 days of receipt of written approval of the final design and CQA/CQC
plan. These timelines may be modified by
the department upon request by the permittee for good
cause shown, including allowance for time for procurement and mobilization of
construction services and materials prior to actual closure construction.
C. Notification of
change in operational status. Whenever
operation of a copper mine facility subject to closure requirements under the
copper mine rule is suspended or resumed, the permittee
shall provide the department written notification within 30 days of the date
operation is suspended or resumed. Each
subsequent semi-annual report submitted during suspension of operation of a
copper mine facility shall state whether the permittee
intends to resume operations and the anticipated date of resumption of
operations or the conditions under which operations will resume.
D. Department notice
regarding suspended operations and enforcement action. If leaching operations or milling operations
at a copper mine facility are suspended for more than one year, the department
may issue a written notice to the permittee
requesting that the permittee provide evidence that
the permittee is capable of and intends to resume
operation of the unit. If the permittee does not respond within 30 days of postal notice
of the department’s written notice, or if the permittee
does not provide evidence that the copper mine facility or unit is capable of
resuming operation, that the permittee intends to
resume operation of the copper mine facility or unit, and that the copper mine
facility or unit does not pose a threat to public health or cause undue damage
to property, the department may determine that the permittee
is in violation of the copper mine rule for failure to implement closure of the
copper mine facility or unit in a timely manner and may take appropriate
enforcement action pursuant to Section 74-6-10 NMSA 1978, including requiring
implementation of closure in accordance with 20.6.7.33 NMAC and this section.
E. Deferral of closure. A permittee may
request deferral of closure of a unit at a copper mine facility that has reached
the end of its useful life with no intent by the permittee
to resume operations if the proximity of active operations at the copper mine
facility could result in ongoing contamination of the unit, closure would
require relocation or replacement of infrastructure that supports ongoing
operations, or for other good cause shown.
The department may approve a deferral of closure if the permittee demonstrates that adequate water management
measures are being implemented and maintained to protect ground water quality
during the period of deferral.
F. Final design. The permittee shall submit a final design and CQA/CQC plan to
the department for approval at least 60 days prior to construction, including
commencement of surface shaping activities, of any area subject to a closure
plan pursuant to the copper mine rule including, but not limited to, tailing
impoundments, waste rock piles, leach stockpiles, and any other area where
cover is required under the approved closure plan. The CQA/CQC plan must include detailed
engineering designs for storm water management structures and associated
conveyance systems, cover design specifications, a cover material suitability
assessment, a borrow source location, a rip rap suitability assessment, a rip
rap source location, a post reclamation storm water management plan, and a
schedule for completion. In addition,
the final design and CQA/CQC plan shall include best management practices that
will be employed during reclamation to address erosion and storm water
management in a manner that meets the requirements of the Water Quality Act and
commission regulations. The final design
and CQA/CQC plan shall bear the signature and seal of a licensed professional
engineer in accordance with Subsection A of 20.6.7.17 NMAC.
G. CQA/CQC report.
Within 180 days after project completion, the permittee
shall submit a final CQA/CQC report to the department. The CQA/CQC report shall include, at a
minimum, as-built drawings of the entire reclaimed area including test pit
locations and cover thickness data, a final survey report and topographic map
following cover placement, a summary of work conducted, construction
photographs, the location of reclaimed borrow areas, soil testing results, and
laboratory analytical reports. The
contour intervals on topographic maps shall be no greater than two feet for the
top surfaces and no greater than 10 feet for the outslopes
for closure of tailing impoundments, leach stockpiles or waste rock
stockpiles. The CQA/CQC report shall
provide summaries of the quality assurance data, documenting that the project
was completed according to the approved final design and CQA/CQC plan with
significant exceptions explained. The
CQA/CQC report shall bear the signature and seal of a licensed professional
engineer in accordance with Subsection A of 20.6.7.17 NMAC.
[20.6.7.34 NMAC - N,
12/1/13]
20.6.7.35 POST-CLOSURE
REQUIREMENTS: For each unit closed at a copper mine
facility, the closure period shall cease, and the post-closure period shall commence,
following the permittee’s submission and department
approval of a final CQA/CQC report that includes as-built drawings and a
closure report documenting completion of regrading,
covering, seeding, and construction of any other elements required for closure
of a unit. The post-closure period for a
copper mine facility or unit shall begin when the final CQA report is approved
and only monitoring, inspections, maintenance, or operation of a closure water
treatment and management plan remain to be conducted. During the post-closure period, a permittee shall conduct post-closure monitoring,
inspection, reporting, maintenance, and implementation of contingency actions
as specified by this section. The
post-closure period shall end for a unit of a copper mine facility upon the
completion of post-closure monitoring, inspection and maintenance for the unit
as required by this section. The
post-closure period shall cease when all monitoring, inspections, maintenance,
and operation of the water management and treatment plan required under this
section may cease. For units of a copper
mine facility subject to an abatement plan, monitoring, inspection, reporting,
and operation of abatement systems shall be conducted in accordance with the
approved abatement plan rather than this section.
A. Interceptor system inspections. A permittee shall perform
quarterly inspections and annual evaluations of all interceptor systems
and perform maintenance as necessary to ensure that the systems are performing
as designed and are functioning in a manner that is protective of ground water
quality. The inspection results and any
maintenance performed by the permittee on
interception systems shall be reported pursuant to Subsection D of this
section.
B. Water quality monitoring and
reporting. A permittee
shall perform water quality monitoring and reporting during the post-closure
period pursuant to 20.6.7.28 and 20.6.7.29 NMAC, as applicable and modified by
this section. Ground water elevation
contour maps required pursuant to Subsection L of 20.6.27 NMAC shall be
submitted annually during the post-closure period. A permittee may
request to reduce the frequency of or cease sampling a water quality monitoring
location if the water contaminants in a monitoring well have been below the
applicable standards for eight consecutive quarters, provided an adequate
monitoring well network remains. If
sampling of a monitoring well ceases in accordance with this subsection, the
monitoring well shall be abandoned in accordance with applicable requirements
unless the permittee requests and the department
approves the monitoring well to remain in place for an alternative use or
future monitoring.
C. Reclamation
monitoring, maintenance, and inspections.
(1) Vegetation.
To ensure that vegetated covers required by the copper mine rule or the
approved discharge permit are protective of water quality, a permittee shall perform post-closure monitoring of
vegetation pursuant to schedules and monitoring requirements approved by the
mining and minerals division. Any proposed changes to the closure or
post-closure vegetation monitoring plan to meet Mining Act requirements shall
be submitted to the department to ensure monitoring is protective of water
quality. The permittee shall provide the department with a
copy of monitoring results for vegetated covers, including photographic
documentation as required by the mining and minerals division. At such time as the mining and minerals division
vegetation success requirements under the Mining Act have been met, the permittee shall provide a final report to the department
and vegetation monitoring may cease.
(2) Erosion,
subsidence, slope instability, ponding, and other features. The permittee shall
visually inspect closed discharge permit areas where a cover was installed for
signs of excessive erosion, subsidence features, slope instability, ponding,
development of fissures, or any other feature that may compromise the
functional integrity of the cover system or drainage channels. Drainage channels, diversion structures,
retention ponds, and auxiliary erosion control features shall be inspected in
accordance with professionally recognized standards (e.g., U.S. department of
agriculture natural resources conservation service standards). The inspections shall be conducted monthly
for the first year following submission of the final CQA/CQC report for the
unit, and quarterly thereafter until the end of post-closure monitoring,
provided the department may approve a schedule allowing less-frequent
monitoring. Discharge permit areas where
covers were installed shall also be inspected for evidence of excessive erosion
within 24 hours, or the next business day, following storm events of one inch
or greater as measured at the nearest rain gauge on the copper mine
facility. The permittee
shall report and take corrective action pursuant to 20.6.2.7.30 NMAC regarding
signs of excessive erosion, subsidence features, slope instability, ponding,
development of fissures, or any other feature that may compromise the
functional integrity of the cover system or drainage channels. Monitoring and inspection results shall be
reported as required by Subsection D of this section.
(3) Entry. A permittee shall
inspect and maintain the fencing or other management systems required by the
discharge permit to prevent access by wildlife and unauthorized members of the
public to an open pit, reservoir, impoundment or any
sump that contains water that may present a hazard to public health or
wildlife.
(4) Cover
maintenance. A permittee
shall perform maintenance on all areas where a cover system was installed as
required by the copper mine rule, including associated drainage channels and
diversion structures if their performance may affect cover system
function. Based on monitoring of
vegetation and erosion required by Paragraphs (1) and (2) of this subsection, a
permittee shall provide recommendations for
maintenance work in semiannual monitoring reports described in Subsection D of
this section, including a schedule for completion of work.
(5) Other
inspection and maintenance. A permittee shall
routinely inspect and maintain all structures, units,
and equipment the failure of which may impact ground water quality. Water collected that exceeds the ground water
quality standards in Section 20.6.2.3103 NMAC shall be stored, conveyed,
treated and discharged in a manner that is consistent with the closure water
treatment and management plan any other applicable regulatory
requirements. The inspection results
shall be reported as required in Subsection D of this section. Inspections and maintenance shall include but
are not limited to:
(a) storm water retention reservoir(s);
(b) water treatment plant(s);
(c) pumps and pipelines to deliver water to
water treatment plant(s); and
(6) Implementation
of water management and treatment plan.
The permittee shall continue to implement the
water management and treatment plan required by Subsection H of 20.6.7.33 NMAC
during the post-closure period. The
water management and treatment plan may be modified in accordance with its
terms or by approval of the department to reflect changes in site conditions.
D. Reporting. A permittee shall submit to department semi-annual reports
pursuant to the schedule in Subsection A of 20.6.7.29 NMAC until the
post-closure period ends for the copper mine facility. The reports shall contain:
(1) a
description and the results of all post-closure monitoring conducted pursuant
to this section;
(2) a description of any work completed during
the preceding semi-annual period including but not limited to:
(a) the status of post-closure activities for
the copper mine facility; and
(b) any maintenance and repair work conducted
for any closure unit; and
(3) semi-annual
potentiometric maps including data from all monitoring wells, extraction wells,
piezometers, seeps and springs appropriate to the water table being mapped.
E. The contingency
requirements of 20.6.7.30 NMAC apply to any deficiencies in the implemented
closure systems discovered during the post-closure monitoring and inspections
required pursuant to this section.
[20.6.7.35 NMAC - N,
12/1/13]
20.6.7.36 [RESERVED]
20.6.7.37 RECORD
RETENTION REQUIREMENTS FOR ALL COPPER MINE FACILITIES:
A. A
permittee shall retain a written record at the copper
mine facility of all data and information related to field measurements,
sampling, and analysis conducted pursuant to the copper mine rule and the
discharge permit. The following
information shall be recorded and shall be made available to the department
upon request.
(1) The dates, exact location and times of sampling
or field measurements.
(2) The name and title of the individuals who
performed each sample collection or field measurement.
(3) The date of the analysis of each sample.
(4) The name and address of the laboratory and
the name and title of the person that performed the analysis of each sample.
(5) The analytical technique or method used to
analyze each sample or take each field measurement.
(6)
The results of each analysis or field measurement, including raw data.
(7) The results of any split, spiked,
duplicate or repeat sample.
(8) A description of the quality assurance and
quality control procedures used.
B. A
permittee shall retain a written record at the copper
mine facility of any spills, seeps, or leaks of effluent, and of leachate or
process fluids not authorized by the discharge permit. Records shall be made available to the department
upon request.
C. A
permittee shall retain a written record at the copper
mine facility of the operation, maintenance, and repair of all
features/equipment used as required by the copper mine rule or the approved discharge
permit to treat, store or dispose of process water, tailings, and impacted stormwater, measure flow rates, monitor water quality, or
collect other data. Records shall
include repair, replacement or calibration of any monitoring equipment and repair
or replacement of any equipment used in the process water, tailings or impacted
stormwater discharge system required by the copper
mine rule or the approved discharge permit.
Records shall be made available to the department upon request.
D. A
permittee shall retain records of all monitoring
information at the copper mine facility required by the copper mine rule,
including all sampling results and other monitoring, calibration and
maintenance records, copies of all reports, and the application for the
discharge permit. Records shall be
retained for a period of at least ten years from the date of the sample
collection, measurement, report or application.
[20.6.7.37 NMAC - N, 12/1/13]
20.6.7.38 TRANSFER OF COPPER MINE DISCHARGE
PERMITS:
A. Transfer of discharge permits for copper mine
facilities shall be made pursuant to 20.6.2.3111 NMAC and this section.
B. The
transferor(s) shall notify the department, in writing, of the date of transfer
of ownership, control or possession and provide contact information for the
transferee(s) pursuant to Subsection B of 20.6.7.11 NMAC and Subsection B of
20.6.7.12 NMAC. Notification shall be
submitted to the department of the transfer within 30 days of the ownership
transfer.
[20.6.7.38 NMAC - N,
12/1/13]
20.6.7.39 CONTINUING EFFECT OF PRIOR ACTIONS DURING
TRANSITION:
A. A
discharge permit issued pursuant to 20.6.2.3109 NMAC that has not expired on or
before the effective date of the copper mine rule shall remain in effect and
enforceable pursuant to the conditions of the discharge permit and for its term
as designated by the permit. If an
effective discharge permit contains a permit condition with a time period for
submittal of a renewal application that is different from the time period
contained in Subsection C of 20.6.7.10 NMAC that condition will remain in
effect for two years following the effective date of the copper mine rule.
B. An application for a new discharge
permit or an application for a renewed or modified discharge permit for an
existing copper mine facility submitted to the department before the effective
date of the copper mine rule and for which a draft permit has not been provided
to the applicant shall be processed by the department pursuant to the copper
mine rule. The applicant shall submit
applicable permit fees to the department pursuant to 20.6.7.9 NMAC within 90
days of the effective date of the copper mine rule.
C. An application for a new discharge
permit or an application for a renewed or modified discharge permit for an
existing copper mine facility submitted to the department before the effective
date of the copper mine rule and for which a draft permit has been provided to
the applicant shall be processed by the department pursuant to 20.6.2.3000
through 20.6.2.3113 NMAC. The applicant
shall submit applicable permit fees to the department pursuant to 20.6.7.9 NMAC
within 90 days of the effective date of the copper mine rule.
D. If a discharge permit for a copper mine facility is expired on the
effective date of the copper mine rule and an application for renewal has not
been received by the department, the permittee or
owner of the copper mine facility:
(1) shall within 90 days of the effective date
of the copper mine rule submit to the department an application for a discharge
permit renewal, renewal and modification or closure pursuant to 20.6.7.10 NMAC
and applicable permit fees pursuant to 20.6.7.9 NMAC; or
(2) if the copper mine facility has not been
constructed or operated, the permittee or the owner
of record of the copper mine facility may submit a statement to the department
instead of an application for renewal certifying that the copper mine facility
has not been constructed or operated and that no discharges have occurred. Upon the department’s verification of the
certification, the department shall retire the discharge permit number from
use.
E. The permittee or owner of record of any copper mine facility
discharging, capable of recommencing discharging, or that has ceased
discharging within the term of its most recent discharge permit shall continue
all monitoring and submittal of monitoring reports as prescribed in the most
recent discharge permit until the department issues a renewed or renewed and
modified discharge permit.
[20.6.7.39 NMAC - N, 12/1/13]
HISTORY OF 20.6.7 NMAC:
[RESERVED]