New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 8 - COAL MINING › Part 29 - INSPECTIONS › Section 19.8.29.2901 - CITIZEN'S REQUEST FOR INSPECTION

Current through Register Vol. 35, No. 13, July 16, 2024
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 setting forth a phone number and address where the citizen can be
				contacted.
B. The director shall
				immediately conduct an inspection to enforce any requirement of the act, 19.8
				NMAC, or any condition of a permit or an exploration approval imposed under the
				act and 19.8 NMAC when the representative has reason to believe, on the basis
				of information available to him (other than information resulting from a
				previous inspection), that there exists a violation of the act, 19.8 NMAC, or
				any condition of a permit or exploration approval, or that there exists any
				condition, practice or violation which creates an imminent danger to the health
				or safety of the public or is causing or can reasonably be expected to cause a
				significant, imminent environmental harm to land, air or water
				resources.
C. The identity of any
				person supplying information to the director relating to a possible violation
				or imminent danger or harm shall remain confidential with the director if
				requested by that person, unless that person elects to accompany the inspector
				on the inspection, or unless disclosure is required under state law.
D. If an inspection is conducted as a result
				of information provided to the director by a citizen as described in Subsection
				A of 19.8.29.2901 NMAC, the citizen shall be notified as far in advance as
				practicable when the inspection is to occur and shall be allowed to accompany
				the authorized representative of the director during the inspection. Such
				person has a right of entry to, upon and through the coal exploration or
				surface coal mining and reclamation operation about which he supplied
				information, but only if he is in the presence of and is under the control,
				direction and supervision of the authorized representative while on the mine
				property. Such right of entry does not include a right to enter buildings
				without consent of the person in control of the building or without a search
				warrant.
E. Within 10 days of the
				inspection or, if there is no inspection, within 15 days of receipt of the
				citizen's written statement, the director shall send the citizen the following:
(1) if an inspection was made, a description
				of the enforcement action taken, which may consist of copies of the inspection
				report and all notices of violation and cessation orders issued as a result of
				the inspection or an explanation of why no enforcement action was
				taken;
(2) if no inspection was
				conducted, an explanation of the reason why; and
(3) an explanation of the citizen's right, if
				any, to informal review of the action or inaction of the director under
				19.8.29.2903 NMAC.