B. Prior to the issuance of a discharge permit or project discharge permit allowing construction of a new Class I well, operation of an existing Class I well, or operation of a new or existing Class III well or well field, or conversion of any well to injection use, the secretary shall consider the following:

1. (1) information required in Subsection C of 20.6.2.3106 NMAC;
2. (2) a map showing the Class I well, or Class III well or well fields, for which approval is sought and the applicable area of review; within the area of review, the map must show, in so far as is known or is reasonably available from the public records, the number, name, and location of all producing wells, injection wells, abandoned wells, dry holes, surface bodies of water, springs, mines (surface and subsurface), quarries, water wells and other pertinent surface features, including residences and roads;
3. (3) a tabulation of data on all wells within the area of review which may penetrate into the proposed injection zone; such data shall include, as available, a description of each well’s type, the distance and direction to the injection well or well field, construction, date drilled, location, depth, record of plugging or completion, and any additional information the secretary may require;
4. (4) for wells within the area of review which penetrate the injection zone, but are not properly completed or plugged, the corrective action proposed to be taken under 20.6.2.5203 NMAC;
5. (5) maps and cross-sections indicating the general vertical and lateral limits of all ground water having 10,000 mg/l or less TDS within the area of review, the position of such ground water within the area of review relative to the injection formation, and the direction of water movement, where known, in each zone of ground water which may be affected by the proposed injection operation;
6. (6) maps and cross-sections detailing the geology and geologic structure of the local area, including faults, if known or suspected;
7. (7) generalized maps and cross-sections illustrating the regional geologic setting;

8. (8) proposed operating data, including:

   1. (a) average and maximum daily flow rate and volume of the fluid to be injected;
   2. (b) average and maximum injection pressure;
   3. (c) source of injection fluids and an analysis or description, whichever the secretary requires, of their chemical, physical, radiological and biological characteristics;
9. (9) results of the formation testing program to obtain an analysis or description, whichever the secretary requires, of the chemical, physical, and radiological characteristics of, and other information on, the receiving formation, provided that the secretary may issue a conditional approval of a discharge permit if he finds that further formation testing is necessary for final approval;
10. (10) expected pressure changes, native fluid displacement, and direction of movement of the injected fluid;
11. (11) proposed stimulation program;
12. (12) proposed or actual injection procedure;
13. (13) schematic or other appropriate drawings of the surface and subsurface construction details of the well;
14. (14) construction procedures, including a cementing and casing program, logging procedures, deviation checks, and a drilling, testing, and coring program;
15. (15) contingency plans to cope with all shut-ins or well failures so as to prevent movement of fluids into ground water having 10,000 mg/l or less TDS except for fluid movement approved pursuant to 20.6.2.5103 NMAC;
16. (16) plans, including maps, for meeting the monitoring requirements of 20.6.2.5207 NMAC; and
17. (17) the ability of the discharger to undertake measures necessary to prevent contamination of ground water having 10,000 mg/l or less TDS after the cessation of operation, including the proper closing, plugging and abandonment of a well, ground water restoration if applicable, and any post-operational monitoring as may be needed; methods by which the discharger shall demonstrate the ability to undertake these measures shall include submission of a surety bond or other adequate assurances, such as financial statements or other materials acceptable to the secretary, such as: (1) a surety bond; (2) a trust fund with a New Mexico bank in the name of the state of New Mexico, with the state as beneficiary; (3) a non-renewable letter of credit made out to the state of New Mexico; (4) liability insurance specifically covering the contingencies listed in this paragraph; or (5) a performance bond, generally in conjunction with another type of financial assurance; such bond or materials shall be approved and executed prior to discharge permit issuance and shall become effective upon commencement of construction; if an adequate bond is posted by the discharger to a federal or another state agency, and this bond covers all of the measures referred to above, the secretary shall consider this bond as satisfying the bonding requirements of 20.6.2.5000 through 20.6.2.5299 NMAC wholly or in part, depending upon the extent to which such bond is adequate to ensure that the discharger will fully perform the measures required hereinabove.

C. Prior to the secretary's approval that allows the operation of a new or existing Class I well or Class III well or well field, the secretary shall consider the following:

1. (1) update of pertinent information required under Subsection B of 20.6.2.5210 NMAC;
2. (2) all available logging and testing program data on the well;
3. (3) the demonstration of mechanical integrity pursuant to 20.6.2.5204 NMAC;
4. (4) the anticipated maximum pressure and flow rate at which the permittee will operate;
5. (5) the results of the formation testing program;
6. (6) the physical, chemical, and biological interactions between the injected fluids and fluids in the injection zone, and minerals in both the injection zone and the confining zone; and

7. (7) the status of corrective action on defective wells in the area of review.

   [9-20-82, 12-24-87, 12-1-95; 20.6.2.5210 NMAC - Rn, 20 NMAC 6.2.V.5210, 1-15-01; A, 12-1-01; A, 8-31-15]