New Mexico Administrative Code

A. The Director may waive the use of the formula contained in this Part to set the penalty, if he determines that, taking into account factors present in the particular case, the penalty is unjustified. However, the Director shall not waive the use of the formula or reduce the pr…

A. The permittee may submit written and oral information about the alleged violation to the Director and to the inspector who issued the notice of violation or cessation order. The Director shall consider any information so submitted in determining the facts surrounding the alleg…

A. A permittee who receives a notice of violation or a cessation order pursuant to 19.10.11.1102 NMAC or a proposed penalty assessment may request a conference for a review of the Director's action by submitting a written request to the Director within 15 days from the date of se…

[Material previously under this Section was repealed effective 6-30-99.]

All persons subject to the New Mexico Mining Act NMSA 1978, Section 69-36-1 et. seq.

NMSA 1978, Section 69-36-1 et. seq.

Permanent.

February 15, 1996, unless a later date is cited at the end of a section. A. All references to the Mining Act Parts 1-13 in any other rule shall be understood as a reference to 19.10 NMAC. B. The amendment and replacement of The Mining Act Parts 1-13 shall not affect any administr…

The objective of Parts 1-14 of 19.10 NMAC is to establish regulations to implement the New Mexico Mining Act as directed in NMSA 69-36-7 A. These regulations are designed to ensure proper reclamation through permitting for operations subject to the Mining Act, in accordance with …

[RESERVED] [Definitions for this part can be found in 19.10.1.7 NMAC.]

New Mexico Mining Commission.

A. Except for existing mining operations without new units, the applicant for a permit shall provide a financial assurance proposal to the director following the director's determination that the permit application is approvable, but prior to the permit issuance. An applicant's f…

A. The permittee or applicant shall file, with the approval of the director, financial assurance under one of the following schemes to cover the reclamation or closeout plan costs as determined in accordance with 19.10.12.1205 NMAC: (1) financial assurance for the approved reclam…

A. The director may accept the following forms of financial assurance: (1) cash; (2) trusts; (3) surety bonds; (4) letters of credit; (5) collateral bonds; (6) third party guarantees; (7) insurance; or (8) a combination of any of the above. B. The director shall not accept any ty…

A. The permittee shall maintain the financial assurance in effect, except as reduced pursuant to 19.10.12 NMAC, until such time as the director releases the financial assurance pursuant to 19.10.12.1210 NMAC. For areas to be revegetated, the director shall retain the amount of fi…

A. The amount of the financial assurance shall be determined by the director and take into account, but not be limited to, the estimated cost submitted by the permittee or the applicant. This estimated cost should include at a minimum the following costs: contract administration;…

A. The amount of the financial assurance required and the terms of its acceptance shall be adjusted by the director from time-to-time as the area requiring financial assurance is increased or decreased or when the future reclamation or closeout costs change. The director may spec…

A. The financial assurance shall be in an amount determined by the director as provided in 19.10.12.1205 NMAC. B. The financial assurance shall be payable to the state of New Mexico. C. The financial assurance shall be conditioned upon performance of all the requirements of the a…

A. Surety Bonds (1) A surety bond shall be executed by the applicant or the permittee and a corporate surety licensed to do business in the state of New Mexico. (2) Surety bonds shall be noncancellable during their terms, except that surety bond coverage for lands not disturbed m…

A. The director may allow a permittee to replace existing financial assurance with other approved financial assurance mechanisms that provide equivalent coverage. B. The director shall not release existing financial assurance until the permittee has submitted, and the director ha…

A. Release Application. (1) The permittee may file an application with the director for the release of all or part of the financial assurance. The permittee may file applications per year for each permit. (2) The application shall describe the reclamation or closeout measures com…

A. If a permittee refuses or is unable to conduct or complete the reclamation or closeout plan, if the terms of the permit are not met, or if the permittee defaults on the conditions under which the financial assurance was accepted, the director shall take the following action to…

All persons subject to the New Mexico Mining Act NMSA 1978, Section 69-36-1 et. seq.

NMSA 1978, Section 69-36-1 et. seq.

Permanent.

February 15, 1996, unless a later date is cited at the end of a section. A. All references to the Mining Act Parts 1-13 in any other rule shall be understood as a reference to 19.10 NMAC. B. The amendment and replacement of the Mining Act Parts 1-13 shall not affect any administr…

The objective of Parts 1-14 of 19.10 NMAC is to establish regulations to implement the New Mexico Mining Act as directed in NMSA 69-36-7 A. These regulations are designed to ensure proper reclamation through permitting for operations subject to the Mining Act, in accordance with …

[RESERVED] [Definitions for this part can be found in 19.10.1.7 NMAC.]

New Mexico Mining Commission.

The Division shall prepare a report of mining and reclamation practices in New Mexico to be presented to the Commission annually at a public meeting with opportunity for public comment.

The report shall contain: A. a general description of mining operations and reclamation practices in the state including production figures for the state; B. proposed amendments to 19.10 NMAC, if any, to provide for the protection of the environment and to consider the economic e…

A. Avoidance of duplicative and conflicting requirements will be accomplished through coordinated procedures that address the following: (1) Avoid imposing requirements which are duplicative of or which conflict with any other applicable state or federal law, regulation or standa…

All persons subject to the New Mexico Mining Act NMSA 1978, Section 69-36-1 et. seq.

NMSA 1978, Section 69-36-1 et. seq.

Permanent.

February 15, 1996, unless a later date is cited at the end of a section. A. All references to the Mining Act Parts 1-13 in any other rule shall be understood as a reference to 19.10 NMAC. B. The amendment and replacement of The Mining Act Parts 1-13 shall not affect any administr…

The objective of Parts 1-14 of 19.10 NMAC is to establish regulations to implement the New Mexico Mining Act as directed in NMSA 69-36-7 A. These regulations are designed to ensure proper reclamation through permitting for operations subject to the Mining Act, in accordance with …

[RESERVED] [Definitions for this Part can be found in 19.10.1.7 NMAC.]

New Mexico Mining Commission.

In the absence of a specific provision in this Part or the Act governing an action, the Commission may look to the New Mexico Rules of Civil Procedure, Rules 1-001 to 1-102, NMRA 1998, and the New Mexico Rules of Evidence, Rules 11-101 to 11-1102, NMRA 1998, for guidance.

If any portion or application of 19.10.14 NMAC is held invalid, the remainder of this Part, or its application to other persons or situations, shall not be affected.

This Part does not apply to petitions before the Commission filed prior to the effective date of this Part, except as agreed to by the parties to such proceedings.

A. Except as otherwise provided in the Director's decision or in these rules, the effective date of a Director's decision shall be the date of notice. B. The effective date of final permitting decisions authorizing new activities shall be no sooner than the sixteenth day after th…

A. A person who is or may be adversely affected by a decision authorizing new activities may file with the Commission a request to stay the new activities no later than 15 days after the date of notice. B. Upon the timely filing of a request to stay new activities, the effective …

A. Any request for stay other than requests to stay new activities shall be filed with the Commission at or after the time of filing a petition. The request for stay must be served on all other parties and must meet the requirements of Subsection C, Paragraph 2 of 19.10.14.1406 N…

The Commission shall exercise all powers and duties as prescribed under the Act, the Regulations and this Part and not otherwise delegated to the Hearing Officer or the Hearing Clerk. A. The Commission may issue procedural orders that either impose additional procedural duties or…