A. Any responsible person shall allow any authorized representative of the secretary to:

1. (1) upon presentation of proper credentials, enter the facility at reasonable times;
2. (2) inspect and copy records required by an abatement plan;
3. (3) inspect any treatment works, monitoring and analytical equipment;
4. (4) sample any wastes, ground water, surface water, stream sediment, plants, animals, or vadose-zone material including vadose-zone vapor;
5. (5) use monitoring systems and wells under such responsible person's control in order to collect samples of any media listed in Paragraph (4) of Subsection A of this section; and
6. (6) gain access to off-site property not owned or controlled by such responsible person, but accessible to such responsible person through a third-party access agreement, provided that it is allowed by the agreement.

C. Any responsible person wishing to plug, abandon or destroy a monitoring or water supply well within the perimeter of the 3-dimensional body where the standards set forth in Subsection B of Section 20.6.2.4103 NMAC are exceeded, at any facility where an abatement plan has been required, shall propose such action by certified mail to the secretary for approval, unless such approval is required from the State Engineer. The proposed action shall be designed to prevent water pollution that could result from water contaminants migrating through the well or borehole. The proposed action shall not take place without written approval from the secretary, unless written approval or disapproval is not received by the responsible person within thirty (30) days of the date of receipt of the proposal.

[12-1-95; 20.6.2.4107 NMAC - Rn, 20 NMAC 6.2.IV.4107, 1-15-01]