1. 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.

2. 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.
3. 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.
4. 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.
5. 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.
6. 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.
7. 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.
8. 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.
9. 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.
10. 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.
11. 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]