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counterpart to the federal Clean Water Act, governs discharges to both waters of the U.S.
(see Clean Water Act) and ground water. The New Mexico Water Quality Control
Commission (WQCC) has developed water quality standards for surface wate: and groulld
water and regulations (WQCCR) for implementing the provisions of the WQA. The
WQA does not apply to any activity or condition that is subject to the authority of the Oil
Conservation Division (OCD) Regulations. The OeD Regulations address the prevention
or abatement of water pollution associated with oil and gas exploration and production,
dry or abandoned wells, oil and gas storage facilities and oil-treating plant operations (see
New Mexico Oil Conservation Division Regulations).
Operations that extract oil, gas, or potash may be su~;~t to the WQCCRs
described below.
Notice of intent regulations include the following:
• General provisions and procedures for water contaminant discharges to a surface
watercourse or groundwater (WQCCR Part 1)
• Notice of Intent to Discharge with the NMED for any planned new water contaminant
discharge or the change in character or location of an existing water contaminant
discharge (WQCCR 1-201). (Discharges into a community sewer system or
those S'c:'lect to the NMED Liquid Waste Disposal Regulations are exempt. Also
exempt are discharges associated with the production, refmement, and pipeline
transmission of oil and gas or their products.) (See New Mexico Oil Conservation
Division Regulations).
• Requirements governing any construction or modification of sewage systems that
would substantially change the quantity or quality of their discharges (WQCCR 1­
202). (plans and specifications must be filed with NMED, except for plans,
specifications, and reports assoc:J.ted with oil and gas producuon, transmission,
and refmement, which are exempt from this WQCCR.)
• Requirements for unplannec facility discharges of any oil or other water contaminant
when the discharge is enough to be detrimental to human health, animal or
plant life, or property, or to unreasonably interfere with the pUblic welfare
(WQCCR 1-203)
Surface water regulations include tiJ.e following:
• Requirements for discharges to surface watercoUISes that are not covered by or are
in violation of an EPA-approved National Pollutant Discharge Elunination System
(NPDES) permit (WQCCR Part 2) (See 'Clean Water Act)
• Prohibition on discharging into a watercoUISe of any effluent not meeting specified
criteria (WQCCR 2-101)
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