New Mexico Administrative Code

New Mexico Coal Surface Mining Commission.

All persons subject to the New Mexico Surface Mining Act, NMSA 1978, Sections 69-25A-1 et. Seq. (1979).

A. The director through his duly authorized representative shall conduct an average of at least one partial inspection per month and one complete inspection per calendar quarter of each active surface coal mining and reclamation operation. A partial inspection is an on-site or ae…

A. A citizen may request an inspection by furnishing a signed written statement or an oral report followed by a signed, written statement giving the director reason to believe that a violation, condition, or practice referred to in Subsection B of 19.8.29.2901 NMAC exists and set…

Any person who is or may be adversely affected by a surface coal mining and reclamation operation or a coal exploration operation may notify the director in writing of any alleged failure on his part to make adequate and complete or periodic inspections as provided in 19.8.29.290…

A. Any person who is or may be adversely affected by a coal exploration or surface coal mining and reclamation operation may ask the director to review informally the decision not to inspect or take appropriate enforcement action with respect to any violation alleged by that pers…

Copies of all records, reports, inspection materials, or information obtained by the director shall be made immediately available to the public in the manner provided for by the state statutes providing for inspection of public records, Sections 14-2-1 through 14-2-3 NMSA 1978.

NMSA 1978, Sections 69-25A-1 et. seq. (1979).

Permanent.

November 29, 1997, unless a later date is cited at the end of a section.

The objective of Parts 1 - 35 of Chapter 8 is to establish regulations to implement the New Mexico Surface Mining Act as directed in NMSA 1978, Section 69-25A-5(1979). These regulations are intended to ensure proper reclamation through permitting for operations subject to the New…

[RESERVED] [Definitions for this part can be found in 19.8.1.7 NMAC.]

New Mexico Coal Surface Mining Commission.

All persons subject to the New Mexico Surface Mining Act, NMSA 1978, Sections 69-25A-1 et. Seq. (1979).

NMSA 1978, Sections 69-25A-1 et. seq. (1979).

A. Upon petition an area shall be designated as unsuitable for all or certain types of surface coal mining operations, if the director determines that reclamation is not technologically and economically feasible under the act and 19.8.1 through 19.8.35 NMAC. B. Upon petition an a…

The requirements of 19.8.3 NMAC do not apply to: A. lands on which surface coal mining operations were being conducted on August 3, 1977; B. lands covered by a permit issued under the act; or C. lands where substantial legal and financial commitments in surface coal mining operat…

Designation of any area as unsuitable for all or certain types of surface coal mining operations pursuant to Section 69-25A-26 NMSA 1978 of the act and regulations of 19.8.2 through 19.8.4 NMAC, does not prohibit coal exploration operations in the area, if conducted in accordance…

Permanent.

November 29, 1997, unless a later date is cited at the end of a section.

The objective of Parts 1 - 35 of Chapter 8 is to establish regulations to implement the New Mexico Surface Mining Act as directed in NMSA 1978, Section 69-25A-5(1979). These regulations are intended to ensure proper reclamation through permitting for operations subject to the New…

[RESERVED] [Definitions for this part can be found in 19.8.1.7 NMAC.]

New Mexico Coal Surface Mining Commission.

All persons subject to the New Mexico Surface Mining Act, NMSA 1978, Sections 69-25A-1 et. Seq. (1979).

NMSA 1978, Sections 69-25A-1 et. seq. (1979).

A. The director, or his duly authorized representative shall immediately order a cessation of coal exploration operations or surface coal mining and reclamation operations or relevant portions thereof, if he determines, on the basis of an inspection, any conditions or practices e…

A. The director, through his duly authorized representative shall issue a notice of violation if, on the basis of an inspection, he determines a violation of any requirement of the act, 19.8 NMAC or any permit or exploration approval condition which does not create an imminent da…

A. When on the basis of an inspection the director determines that a pattern of violations of any requirements of the act, 19.8 NMAC or any permit conditions exist or has existed and if the director also finds that such violations are caused by the unwarranted failure of the perm…

A. A notice of violation or cessation order shall be served on the person to whom it is directed or his designated agent promptly after issuance as follows. (1) By tendering a copy at the coal exploration or surface coal mining and reclamation operation to the designated agent or…

A. Within ten (10) days of service of a notice of violation under 19.8.30.3001 NMAC or cessation order under 19.8.30.3001 NMAC, the person to whom the notice or order was issued may require an informal hearing by notifying the director, in writing, of his request for such hearing…

Permanent.

November 29, 1997 unless a later date is cited at the end of a section.

The objective of Parts 1 - 35 of Chapter 8 is to establish regulations to implement the New Mexico Surface Mining Act as directed in NMSA 1978, Section 69-25A-5(1979). These regulations are intended to ensure proper reclamation through permitting for operations subject to the New…

[RESERVED] [Definitions for this part can be found in 19.8.1.7 NMAC.]

New Mexico Coal Surface Mining Commission.

All persons subject to the New Mexico Surface Mining Act, NMSA 1978, Sections 69-25A-1 et. Seq. (1979).

NMSA 1978, Sections 69-25A-1 et. seq. (1979).

A. The director shall review each notice of violation and cessation order in accordance with the assessment procedures described in this part to determine whether a civil penalty will be assessed, the amount of the penalty and whether each day of a continuing violation will be de…

A. The director shall use the point system described in this section to determine the amount of the penalty, and, in the cases of notices of violation, whether a mandatory penalty should be assessed as provided in 19.8.31.3100 NMAC. B. Points shall be assigned as follows. (1) His…

The director shall determine the amount of any civil penalty by converting the total number of points assigned under 19.8.31.3101 NMAC to a dollar amount which falls within the range of penalties contained in the following schedule: Points Dollars Points Dollars 1 10-30 37 1700-1…

A. The director may assess separately a civil penalty for each day from the date of issuance of the notice of violation or cessation order to the date set for abatement of the violation. In determining whether to make such an assessment, the director shall consider the factors li…

A. The director, upon his own initiative or upon written request received with 15 days of service of a notice of civil penalty assessment, may waive the use of the formula contained in 19.8.31.3101 NMAC to set the civil penalty, if he determines that, taking into account exceptio…

A. Within 15 days of service of a notice or order, the person to whom it was issued may submit written information about the violation to the director and to the inspector who issued the notice of violation or cessation order. The director or his authorized representative shall c…

A. The director shall arrange for a conference to review the proposed assessment or reassessment, upon written request of the person to whom the notice or order was issued, if the request is received within 15 days from the date of the proposed assessment or reassessment is serve…

A. The person charged with the violation may contest the proposed penalty or the alleged violation by submitting a petition and an amount equal to the proposed penalty, or, if a conference has been held, the reassessed or affirmed penalty to the director to be held in escrow as p…

A. If the person to whom a notice of violation or cessation order is issued fails to request a hearing as provided in 19.8.31.3107 NMAC, the proposed assessment shall become a final order of the director and the penalty assessed shall become due and payable upon expiration of the…

A. Except as provided in Subsection B of 19.8.31.3109 NMAC, the director may assess an individual civil penalty against any corporate director, officer or agent of a corporate permittee who knowingly and willfully authorized, ordered or carried out a violation of a permit conditi…