New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 11 - ALBUQUERQUE - BERNALILLO COUNTY AIR QUALITY CONTROL BOARD › Part 20 - FUGITIVE DUST CONTROL › Section 20.11.20.27 - ENFORCEMENT

Current through Register Vol. 35, No. 13, July 16, 2024
A. All persons
				shall use control measures that are effective in maintaining compliance with
				20.11.20 NMAC. Violation of a fugitive dust control permit or fugitive dust
				control plan approved by the department is a violation of 20.11.20 NMAC. If a
				violation occurs or is occurring, the department may issue a verbal warning,
				issue a written warning, initiate an administrative enforcement action and
				assess an administrative civil penalty, and take all other actions authorized
				by law and equity, including issuing a stop work order as authorized by
				20.11.20.27 NMAC.
B. If the
				department determines a person has violated or is violating a requirement or
				prohibition of 20.11.20 NMAC, the department may initiate an administrative
				enforcement action and assess an administrative civil penalty for a past or
				current violation, or both, as authorized by
				74-2-12.A.(1)
				NMSA. As also authorized by
				74-2-12.A.(2)
				NMSA and
				74-2-12.1
				NMSA, the department may commence a civil action in New Mexico district court
				for appropriate relief, including a temporary or permanent injunction. In
				addition, as authorized by
				74-2-14 NMSA,
				the department also may commence or cause a criminal action to be
				commenced.
C. As authorized by
				74-2-12.H
				NMSA, in connection with an administrative enforcement action, the director may
				issue subpoenas for attendance and testimony of witnesses and the production of
				relevant papers, books and documents and may adopt rules for discovery
				procedures.
D. If a person
				(requestor) asks the department for an informal review meeting to consider the
				department's decision regarding an administrative compliance order in the
				manner provided by 20.11.20.27 NMAC, the process shall not extend the 30-day
				deadline for submitting a written request to the department director requesting
				a public hearing as provided by
				74-2-12.C
				NMSA. If a person receives an administrative compliance order from the
				department, that person ("requestor") may request an informal review meeting to
				discuss the administrative compliance order. The request shall be in writing or
				on a form provided by the department. The requestor shall deliver the written
				request for an informal review meeting to the director and a division manager
				within five business days after the requestor has received the administrative
				compliance order. Within five business days of receiving the request, a
				division manager or designee shall hold an informal review meeting with the
				requestor and a division representative (e.g. division manager, compliance
				officer, or person issuing the order) in an attempt to resolve the
				administrative compliance order. Within two business days after the informal
				review meeting, a division representative shall mail, hand deliver or deliver
				by facsimile a statement to the requestor with the department's final decision
				regarding the administrative compliance order and the reasons for the decision.
				If the requestor is adversely affected by the final decision made by the
				department, the requestor may follow the procedures described in Subsection E
				of 20.11.20.27 NMAC.
E. A person
				who receives an administrative compliance order and chooses not to sign the
				compliance order or similar document as requested by the department, and comply
				with its terms, may request a hearing consistent with
				74-2-12.C
				NMSA. The decision following the hearing may be appealed consistent with
				74-2-9.A
				NMSA.
F. Payment of an
				administrative civil penalty shall not prevent the department from taking
				additional enforcement actions, if the violation is repeated or an additional
				violation occurs. Payment of an administrative civil penalty for a prior or
				additional violation shall not be a defense to a subsequent action taken by the
				department to resolve an additional violation. Actions by the department may
				include suspension or revocation of a permit, as provided by
				74-2-12.B
				NMSA, and issuance of a stop work order.
G. The permittee or responsible person as
				identified in the permit shall take all actions required by the permit to
				prevent a violation of 20.11.20 NMAC, including stopping active operations, if
				necessary. If the permittee or responsible person as identified in the permit
				fails to take all required actions, the owner or operator, if different, shall
				take all actions required to prevent or satisfactorily resolve a violation of
				20.11.20 NMAC, including stopping active operations, if necessary.
H. The department may issue a stop work
				order, which shall suspend all active operations except for the required
				application of reasonably available control measures. The department also may
				revoke a permit issued by the department if the permittee fails to implement
				the reasonably available control measures required by the fugitive dust control
				permit.
I. If a person fails to
				obtain a permit as required by 20.11.20 NMAC, the department may issue a stop
				work order which shall require all active operations at a site to stop except
				for application of reasonably available control measures.
J. The stop work order, which shall be
				effective 24 hours after the person, permittee, owner, operator, or responsible
				person named in a permit receives the stop work order, unless an earlier
				deadline for stopping work or other activities is imposed by the department for
				good reason. The stop work order shall remain in effect until the person,
				permittee, owner, operator, or responsible person named in the permit
				demonstrates to the satisfaction of the department that the activities of the
				person, permittee, owner, operator or responsible person named in the permit
				comply with the provisions of 20.11.20 NMAC.