An applicant for the Oil and Gas Overlay Zoning District Classification shall provide funds to the County to engage a professional consultant to provide an emergency preparedness and response plan (“ERP Plan”). The ERP Plan shall include a provision for the oil and gas operator to reimburse the appropriate emergency response service providers for costs incurred in connection with an emergency, This plan shall be filed with the County at the time of application for the Oil and Gas Overlay District Classification and shall be updated on an annual basis or as conditions change (e.g. turnover in responsible field personnel, change in substances used). The ERP Plan shall consist of the following information, at a minimum:

The applicant shall make a cash, certified or bank check, or letter of credit, deposit, to cover all of the County’s expenses in reviewing the ERP, engaging consultants, and for a Hearing Officer to conduct the first public hearing on the ERP. The County will provide an estimate of the cost of conducting the study, which shall provide the basis for the initial deposit. The applicant shall make additional deposits if the initial deposit is inadequate to reimburse the County for the costs of the study, and the County shall refund any unexpended funds on deposit after the study is completed.

9.6.8.1. Name, address and phone number, including a 24-hour emergency number of at least two persons responsible for emergency field operations;

9.6.8.2. A printed map, including GPS coordinates, showing the name, location, and description of all potentially dangerous facilities, including, but not limited to, the size and type of all pipelines, wells, and isolation valves. The map shall be prepared digitally on the County geographic information system parcel maps. The as-built facilities map that includes the information regarding the location of isolation valves shall be held confidentially by the County’s emergency management officer or other County designee, and shall only be disclosed in the event of an emergency, pursuant to the provisions of the Uniform Trade Secrets Act, NMSA 1978, Sections 57-3A and 57-3A-D;

9.6.8.3. A written response plan for the potential emergencies that may be associated with the operation of the facilities. This may include any or all of the following: explosions, fires, gas or water pipeline leaks or ruptures, hydrogen sulfide, methane or other toxic gas emissions, or hazardous material vehicle spills or vehicle accidents;

9.6.8.4. A fire prevention, response, and health and safety plan;

9.6.8.5. Project-specific emergency preparedness plans are required for any project that involves drilling or penetrating through known or likely zones of hydrogen sulfide or methane gas, as determined by the County. This plan shall be coordinated with and approved by the County’s emergency management officer prior to beginning field operations;

9.6.8.6. A list, including Material Safety Data Sheets, of all chemicals, additives, and organics used on site to the County. This information will be held in the strictest confidence and shared with other relevant local emergency response personnel only on a “need to know” basis; and

9.6.8.7. The Consultant shall advise the Board as to whether the Emergency Response and Preparedness Plan is adequate to protect the public and whether the Board should approve conditionally or deny the Application for the Oil and Gas Overlay Zoning District Classification.

See SECTION 9: OIL AND GAS OVERLAY ZONING DISTRICT CLASSIFICATION for complete, detailed information.