This rule was filed as Rule G-117.

TITLE 19 NATURAL RESOURCES AND WILDLIFE

CHAPTER 14 GEOTHERMAL POWER

PART 36 NOTIFICATION OF FIRE, BREAKS, LEAKS, SPILLS AND BLOWOUTS

19.14.36.1 ISSUING AGENCY: Energy and Minerals Department, Oil Conservation Division, P.O. Box 2088, Santa Fe, New Mexico.

[Recompiled 12/31/01]

19.14.36.2 SCOPE: [RESERVED]

[Recompiled 12/31/01]

19.14.36.3 STATUTORY AUTHORITY: [RESERVED]

[Recompiled 12/31/01]

19.14.36.4 DURATION: [RESERVED]

[Recompiled 12/31/01]

19.14.36.5 EFFECTIVE DATE: [November 15, 1983]

[Recompiled 12/31/01]

19.14.36.6 OBJECTIVE: [RESERVED]

[Recompiled 12/31/01]

19.14.36.7 DEFINITIONS: [RESERVED]

[Recompiled 12/31/01]

19.14.36.8 NOTIFICATION OF FIRE, BREAKS, LEAKS, SPILLS AND BLOWOUTS:

A. The division shall be notified of any fire, break, leak, spill or blowout occurring at any geothermal drilling, producing, transporting, treating, disposal or utilization facility in the state of New Mexico by the person operating or controlling such facility.

B. "Facility", for the purpose of this rule, shall include any geothermal drilling, producing, injection or disposal well; any pipeline through which geothermal resources or the waste products thereof are gathered or transported; any tank or other storage unit into which geothermal products, waters or wastes are produced, received or stored; any treating plant in which geothermal resources are treated or processed; any electrical generating plant in which geothermal resources are utilized; and any drilling pit, slush pit or storage pit or pond associated with geothermal drilling, producing, treating or utilization processes in which hydrocarbons or hydrocarbon waste or residue, salt water, strong caustics or acids, or other deleterious chemicals or harmful substances are present.

C. Notification to the division of such fire, break, leak, spill or blowout shall be in accordance with the provisions set forth below:

(1) Well Blowouts. Notification of well blowouts and/or fires shall be "immediate notification" described below.

(2) "Major" breaks, spills or leaks. Notification of breaks, spills, or leaks of wellheads, pipelines, or tanks, or drilling pits, slush pits or storage pits or ponds, the result of which 50 barrels or more of liquids containing hydrocarbons or hydrocarbon wastes, salt water, strong caustics or strong acids or other deleterious substances reach a water course or enter a stream or lake, or in which noxious gases escape or any quantity of fluids are lost which may with reasonable probability endanger human health or result in substantial damage to property, shall be "immediate notification" described below.

(3) "Minor" breaks, spills or leaks. Notification of breaks, spills or leaks of wellheads, pipelines, or tanks, or drilling pits, slush pits or storage pits or ponds, the result of which 25 barrels or more but less than 50 barrels of liquids containing hydrocarbons or hydrocarbon wastes, salt water, strong caustics or strong acids or other deleterious substances are lost or in which noxious gases escape, but in which there is no danger of human health nor of substantial damage to property shall be "subsequent notice" described below.

(4) Fires. Notification of fires at geothermal installations in which there is reasonable probability of danger to human health or substantial damage to adjoining properties or substantial loss of geothermal resources shall be "immediate notice" described below. Notification of fires of lesser magnitude but of $500.00 or more of property damage or $500.00 or more geothermal resources loss shall be "subsequent notice" described below.

[Recompiled 12/31/01]

19.14.36.9 IMMEDIATE NOTIFICATION: "Immediate Notification" shall be as soon as possible after discovery and shall be in person or by telephone to the Santa Fe office of the nearest district office of the division if the incident occurs during business hours. If the incident occurs after business hours, notification shall be in accordance with the latest division memorandum on the subject. A complete written report of the incident shall be submitted to the Santa Fe office of the division within ten days after discovery of the incident.

[Recompiled 12/31/01]

19.14.36.10 SUBSEQUENT NOTIFICATION: "Subsequent notification" shall be a complete written report of the incident and shall be submitted to the Santa Fe office of the division within ten days after discovery of the incident.

[Recompiled 12/31/01]

19.14.36.11 CONTENT OF NOTIFICATION: All reports of fires, breaks, spills, leaks or blowouts, whether verbal or written, shall identify the location of the incident by quarter-quarter, section, township and range, and by distance and direction from the nearest town or prominent landmark so that the exact site of the incident can be readily located on the ground. The report shall specify the nature and quantity of the loss and also the general condition prevailing in the area, including precipitation, temperature and soil conditions. The report shall also detail the measures that have been taken and are being taken to remedy the situation reported.

[Recompiled 12/31/01]

19.14.36.12 WATERCOURSE: For the purpose of this Rule, is defined as any lake-bed or gully, draw, streambed, wash, arroyo or natural or man-made channel through which water flows or has flowed.

[Recompiled 12/31/01]

HISTORY OF 19.14.36 NMAC:

Pre-NMAC History: The material in this Part was derived from that previously filed with the State Records Center and Archives:

Rule G-117, Notification of Fire, Breaks, Leaks, Spills and Blowouts, 11/1/83.

History of Repealed Material: [RESERVED]