reglab/statecodes huggingface dataset:
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 10 - NON-COAL MINING › Part 6 - NEW MINING OPERATIONS › Section 19.10.6.608 - PERMIT MODIFICATIONS OR REVISION

Current through Register Vol. 35, No. 13, July 16, 2024
A. A permit modification or revision for a
				mining operation is required for each new discrete processing, leaching,
				excavation, storage or stockpile unit located within the permit area and not
				identified in the permit and for each expansion of such a unit identified in
				the permit that exceeds the design limits specified in the permit.
B. A permit modification or revision shall be
				required for any change in the approved reclamation plan.
C. An application for a permit modification
				or revision shall be in a format acceptable to the Director. A permit
				modification or revision will not be granted unless the Director determines
				that the proposed modification or revision meets the requirements of 19.10.6
				NMAC.
D. Revisions are
				modifications that require public notice and an opportunity for public hearing
				pursuant to 19.10.9 NMAC. The Director shall review each request for a permit
				modification to determine whether it must be processed as a revision.
(1) The Director shall consider the following
				factors and their level of impact to determine whether a permit modification
				would have a significant environmental impact:
(a) Whether the proposed change would
				authorize an expansion of design limits beyond that currently authorized by the
				permit that:
(i) Would be located in or is
				expected to have a direct surface impact on wetlands, springs, perennial or
				intermittent streams, lakes, rivers, reservoirs or riparian areas.
(ii) Is expected to have a direct impact on
				ground water that has a total dissolved solids concentration of less than
				10,000 mg/l.
(iii) Is expected to
				result in point or non-point source surface or subsurface releases of acid or
				other toxic substances from the permit area.
(iv) Would be located in designated critical
				habitat areas as determined in accordance with the federal Endangered Species
				Act of 1973 or in areas determined by the Department of Game and Fish likely to
				result in an adverse impact on an endangered species designated in accordance
				with the Wildlife Conservation Act, Sections
				17-2-37
				through
				17-2-46
				NMSA 1978 or by the State Forestry Division for the Endangered Plants Act,
				Section
				75-6-1
				NMSA 1978.
(v) Would adversely
				impact cultural resources listed on either the National Register of Historic
				Places or the State Register of Cultural Properties.
(vi) Would be located in a known cemetery or
				other burial ground.
(vii) Would be
				located in an area designated as a Federal Wilderness Area, Wilderness Study
				Area, Area of Critical Environmental Concern, or an area within the national
				Wild and Scenic River System.
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 10 - NON-COAL MINING › Part 6 - NEW MINING OPERATIONS › Section 19.10.6.609 - PRIOR RECLAMATION

Current through Register Vol. 35, No. 13, July 16, 2024
A. The
				owner or operator of a new mining operation who has completed some or all
				reclamation measures prior to the effective date of 19.10 NMAC may apply for an
				inspection of the reclaimed areas prior to August 31, 1994.
B. The Director shall release the owner or
				operator from further requirements of the Act and 19.10 NMAC if, after an
				inspection of the reclaimed areas, he determines that the reclamation measures
				satisfy the requirements of the Act and 19.10 NMAC. The Director shall make the
				determination as soon as practicable, but not later than September 30,
				1995.
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 10 - NON-COAL MINING › Part 6 - NEW MINING OPERATIONS › Section 19.10.6.610 - ANNUAL REPORT

Current through Register Vol. 35, No. 13, July 16, 2024
Every permittee, including those holding minimal impact
				  mining permits, shall, on or before April 30 of each year after a permit has
				  been issued, submit, on a form provided by the Director, a report for the
				  preceding calendar year. The report must:
A. provide the status of the
				operation;
B. provide production
				figures for the operation;
C.
				identify, on a separate map, the location of the disturbed areas and if
				reclaimed, the year in which the work was done;
D. identify the number of acres disturbed,
				the number of acres reclaimed during the reporting year and the number of acres
				which have not yet been reclaimed;
E. indicate the current market value of any
				collateral posted as financial assurance in accordance with Part 19.10.12 NMAC;
				and
F. indicate the compliance
				status for all existing state and federal environmental permits held by
				permittee for this operation.
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 10 - NON-COAL MINING › Part 7 - STANDBY › Section 19.10.7.2 - SCOPE

Current through Register Vol. 35, No. 13, July 16, 2024
All persons subject to the New Mexico Mining Act NMSA 1978,
				  Section
				  69-36-1
				  et. seq.
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 10 - NON-COAL MINING › Part 7 - STANDBY › Section 19.10.7.5 - EFFECTIVE DATE

Current through Register Vol. 35, No. 13, July 16, 2024
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 administrative or
				judicial enforcement action pending on the effective date of this amendment nor
				the validity of any permit issued pursuant to the Mining Act Parts
				1-13.
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 10 - NON-COAL MINING › Part 7 - STANDBY › Section 19.10.7.6 - OBJECTIVE

Current through Register Vol. 35, No. 13, July 16, 2024
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 provisions and
				  standards outlined in the Mining Act.
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 10 - NON-COAL MINING › Part 7 - STANDBY › Section 19.10.7.7 - DEFINITIONS

Current through Register Vol. 35, No. 13, July 16, 2024
[RESERVED]
[Definitions for this Part can be found in
				  19.10.1.7
				  NMAC.]
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 10 - NON-COAL MINING › Part 7 - STANDBY › Section 19.10.7.701 - STANDBY STATUS

Current through Register Vol. 35, No. 13, July 16, 2024
A. If, due to a
				temporary cessation of mining operations exceeding 180 days, a permittee
				desires to suspend reclamation pursuant to a permit for an existing or new
				mining operation, the permittee shall submit an application for a permit
				revision for standby status pursuant to this Part and 19.10.5.505 NMAC or
				19.10.6.608 NMAC.
B. An application
				for a permit revision for standby status shall indicate the portions of the
				permit to be revised, the proposed changes, and for each unit subject to the
				proposed revision, shall, at a minimum, provide the following:
(1) identify the projected term of standby
				status;
(2) describe the measures
				to be taken to reduce, to the extent practicable, the formation of acid and
				other toxic drainage and to prevent releases that cause federal or state
				environmental standards to be exceeded;
(3) describe how applicable federal and state
				environmental standards and regulations will be met during the duration of
				standby status and provide to the Director a written determination from the
				Secretary of the Environment Department stating that the permittee has
				demonstrated that the operation will be expected to achieve compliance with all
				applicable air, water quality and other environmental standards of the
				Environment Department during standby status if carried out as
				described;
(4) describe how waste
				and storage units, leach piles, impoundments and pits will be stabilized during
				the duration of standby status;
(5)
				describe how the applicable requirements of the Act and 19.10 NMAC will be met
				during the term of the standby status for the operations proposed for standby
				status; and
(6) provide an analysis
				of the anticipated future economic viability of the units proposed for standby
				status.
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 10 - NON-COAL MINING › Part 8 - PERMIT TRANSFER › Section 19.10.8.2 - SCOPE

Current through Register Vol. 35, No. 13, July 16, 2024
All persons subject to the New Mexico Mining Act NMSA 1978,
				  Section
				  69-36-1
				  et. seq.
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 10 - NON-COAL MINING › Part 8 - PERMIT TRANSFER › Section 19.10.8.3 - STATUTORY AUTHORITY

Current through Register Vol. 35, No. 13, July 16, 2024
NMSA 1978, Section
				  69-36-1
				  et. seq.
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 10 - NON-COAL MINING › Part 8 - PERMIT TRANSFER › Section 19.10.8.5 - EFFECTIVE DATE

Current through Register Vol. 35, No. 13, July 16, 2024
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 administrative or
				judicial enforcement action pending on the effective date of this amendment nor
				the validity of any permit issued pursuant to the Mining Act Parts
				1-13.
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 10 - NON-COAL MINING › Part 8 - PERMIT TRANSFER › Section 19.10.8.6 - OBJECTIVE

Current through Register Vol. 35, No. 13, July 16, 2024
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 provisions and
				  standards outlined in the Mining Act.
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 10 - NON-COAL MINING › Part 8 - PERMIT TRANSFER › Section 19.10.8.7 - DEFINITIONS

Current through Register Vol. 35, No. 13, July 16, 2024
[RESERVED]
[Definitions for this Part can be found in
				  19.10.1.7
				  NMAC.]
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 10 - NON-COAL MINING › Part 8 - PERMIT TRANSFER › Section 19.10.8.801 - GENERAL REQUIREMENTS

Current through Register Vol. 35, No. 13, July 16, 2024
No transfer of any permit issued pursuant to the Act shall be
				  made without the prior written approval of the Director. The transferor will
				  not be released from obligations under the permit until the transferee has
				  assumed such obligations.
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 10 - NON-COAL MINING › Part 8 - PERMIT TRANSFER › Section 19 10.8.802 - TRANSFER OF PERMIT

Current through Register Vol. 35, No. 13, July 16, 2024
A. To obtain a
				permit transfer, an applicant, i.e., the person proposing to succeed by such
				transfer, shall prior to the date of such transfer:
(1) obtain financial assurance coverage as
				required by 19.10.12 NMAC for the permit area;
(2) provide proof to the Director that the
				transfer complies with the terms of the mineral lease, if any;
(3) apply to the Director for approval of
				such proposed transfer including the following:
(a) the name and address of the current
				permittee;
(b) the name and address
				of the applicant and the name and street address of the applicant's resident
				agent; and
(c) the information
				required by Section 69-36-7(I)(1) &(2) of the Act; and
(4) pay the permit transfer fee pursuant
				19.10.2 NMAC.
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 10 - NON-COAL MINING › Part 9 - PUBLIC PARTICIPATION › Section 19.10.9.2 - SCOPE

Current through Register Vol. 35, No. 13, July 16, 2024
All persons subject to the New Mexico Mining Act NMSA 1978,
				  Section
				  69-36-1
				  et. seq.
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 10 - NON-COAL MINING › Part 9 - PUBLIC PARTICIPATION › Section 19.10.9.5 - EFFECTIVE DATE

Current through Register Vol. 35, No. 13, July 16, 2024
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 administrative or
				judicial enforcement action pending on the effective date of this amendment nor
				the validity of any permit issued pursuant to the Mining Act Parts
				1-13.
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 10 - NON-COAL MINING › Part 9 - PUBLIC PARTICIPATION › Section 19.10.9.6 - OBJECTIVE

Current through Register Vol. 35, No. 13, July 16, 2024
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 provisions and
				  standards outlined in the Mining Act.
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 10 - NON-COAL MINING › Part 9 - PUBLIC PARTICIPATION › Section 19.10.9.7 - DEFINITIONS

Current through Register Vol. 35, No. 13, July 16, 2024
[RESERVED]
[Definitions for this part can be found in
				  19.10.1.7
				  NMAC.]
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 10 - NON-COAL MINING › Part 9 - PUBLIC PARTICIPATION › Section 19.10.9.901 - APPLICABILITY

Current through Register Vol. 35, No. 13, July 16, 2024
A. No action on any
				of the following applications will be taken by the Director until the applicant
				has complied with the requirements of notice and opportunity for public hearing
				contained in this Part:
(1) application for
				the issuance, renewal or revision of a mining or exploration permit, except
				that minimal impact operations need not comply with public notice requirements
				contained in this Part;
(2)
				application for standby status; and
(3) application for a variance.
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 10 - NON-COAL MINING › Part 9 - PUBLIC PARTICIPATION › Section 19.10.9.902 - CONTENTS OF NOTICE

Current through Register Vol. 35, No. 13, July 16, 2024
The notice shall contain, at a minimum, the following
				  information:
A. the name and address
				of the applicant;
B. a description
				of the location and boundaries of the proposed permit area;
C. the purpose of the application and a
				general description of the mining operation;
D. the Director's name and address to whom
				written comments may be submitted and where a copy of the application is
				available for public inspection; and
E. the procedure and deadline for requesting
				a hearing.
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 10 - NON-COAL MINING › Part 9 - PUBLIC PARTICIPATION › Section 19.10.9.903 - PUBLICATION REQUIREMENTS

Current through Register Vol. 35, No. 13, July 16, 2024
The applicant shall provide the Director at the time of
				  filing the application with the Director proof that notice of the application
				  has been:
A. provided by certified
				mail to the owners of record, as shown by the most recent property tax
				schedule, of all properties within 1/2 mile of the property on which the
				mining, exploration or reclamation operation is located or is proposed to be
				located on or before the newspaper publication date required by Subsection C of
				19.10.9.903 NMAC;
B. provided by
				certified mail to all municipalities and counties and tribal organizations
				within a 10 mile radius of the property on which the mining, exploration or
				reclamation operation is or is proposed to be located on or before the
				newspaper publication date required by Subsection C of 19.10.9.903
				NMAC;
C. published once in a
				newspaper of general circulation in each county in which the property on which
				the mining, exploration or reclamation operation is or is proposed to be
				located; provided that this notice shall appear in either the classified or
				legal advertisements section of the newspaper and at one other place in the
				newspaper calculated to give the general public the most effective notice, and
				shall be printed in both English and Spanish;
D. posted in at least four publicly
				accessible and conspicuous places on or before the newspaper publication date
				required by Subsection C of 19.10.9.903 NMAC, including the entrance to the new
				or existing mining operation or exploration operation if that entrance is
				publicly accessible and conspicuous;
E. mailed to the mineral lessor, if any, on
				or before the newspaper publication date required by Subsection C of
				19.10.9.903 NMAC;
F. mailed to all
				persons who have made a written request to the Director for notice of this
				application on or before the newspaper publication date required by Subsection
				C of 19.10.9.903 NMAC;
G. mailed by
				certified mail to all persons on a list maintained by the Director of
				individuals and organizations who have requested notice of applications under
				this Act; and
H. mailed to the
				Environment Department, the State Engineer, the Department of Game and Fish,
				the Forestry Division and the State Historic Preservation Division.
I. When the application is determined to be
				administratively complete by the Director, the applicant shall provide to the
				Director timely proof that notice of that determination has been provided by
				first class mail to everyone who has indicated to the applicant in writing that
				they desire information regarding the application and to a list maintained by
				the Director of individuals and organizations who have requested notice of
				applications under this Act.
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 10 - NON-COAL MINING › Part 9 - PUBLIC PARTICIPATION › Section 19.10.9.904 - OPPORTUNITY FOR PUBLIC HEARING

Current through Register Vol. 35, No. 13, July 16, 2024
A.
				Any interested person may request that the Director conduct a public hearing on
				the application. Such request must be made within 30 days of the date of the
				newspaper publication of the notice of application unless the Director
				determines a longer period in which to make the request is appropriate and such
				period is specified in the published notice. If a hearing is timely requested,
				the Director shall set a hearing unless the request is clearly frivolous. The
				Director may hold a public hearing absent any request.
B. The date, time and location of the public
				hearing shall be advertised by the Director in a newspaper of general
				circulation in the locality of the operation. The advertisement shall also
				identify the applicant, the operation, the purpose of the hearing, and how to
				contact the Division for additional information. All persons who have submitted
				written requests in advance to receive notices of hearing to the Director or
				who have provided comments on the application to the Director shall be mailed
				notice at least 30 days prior to the hearing.
C. The nearest community to the mining or
				exploration operation with adequate and accessible public facilities will be
				the site for any public hearing.
D.
				All interested persons may submit written comments regarding the application to
				the Director. Written comments must be received by the Director prior to the
				close of the hearing record following any public hearing that is held. If no
				public hearing is held, written comments will be considered only if they are
				received by the Director within 60 days after the newspaper publication of the
				notice of the application or within 60 days after the person filling the
				comment received notice of the application, whichever is later.
E. An additional opportunity for a public
				hearing may be provided if the applicant makes substantial changes in the
				proposed action, if there are significant new circumstances or information
				bearing on the proposed action or if the applicant proposes to substantially
				increase the scale or substantially change the nature of the proposed action
				and there is public interest and a request for a public hearing.
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 10 - NON-COAL MINING › Part 9 - PUBLIC PARTICIPATION › Section 19.10.9.905 - HEARING PROCEDURES

Current through Register Vol. 35, No. 13, July 16, 2024
A. The
				Director may act as the hearing officer or appoint a hearing officer to conduct
				the hearing. The hearing officer shall have authority to take all measures
				necessary for the maintenance of order and for the efficient, fair and
				impartial consideration of issues arising in hearings including, but not
				limited to:
(1) taking, admitting or
				excluding evidence, examining witnesses and allowing post-hearing
				submissions;
(2) making such orders
				as may be necessary to preserve decorum and to protect the orderly hearing
				process; and
(3) preparing and
				filing a report of the hearing and if requested by the Director, making
				recommendations for action.
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 10 - NON-COAL MINING › Part 9 - PUBLIC PARTICIPATION › Section 19.10.9.906 - HEARING RECORD

Current through Register Vol. 35, No. 13, July 16, 2024
A. The Division
				will make a verbatim record, by audio tape or stenography, of each public
				hearing.
B. Any person may obtain a
				copy of the verbatim record of the hearing. It shall be obtained directly from
				the court reporter, or if no reporter was employed, the Director will provide a
				copy of the audio tape. The person requesting the copy shall pay the court
				reporter or Director for the cost of the transcript or the audio tape copy,
				respectively.
C. The administrative
				record includes all documents related to the application and received by the
				Director prior to the beginning, during or after the conclusion of the hearing,
				including, but not limited to:
(1) the
				application that is the subject of the hearing;
(2) correspondence related to the
				application;
(3) the notice of
				hearing;
(4) affidavits of
				publication of the notice;
(5)
				written statements submitted to the Director including post-hearing
				submissions, if allowed;
(6) the
				verbatim record of the hearing;
(7)
				the hearing officer's report, if any;
(8) the Director's decision and the reasons
				therefor; and
(9) any other
				material used by the Director in reaching the decision.
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 10 - NON-COAL MINING › Part 9 - PUBLIC PARTICIPATION › Section 19.10.9.907 - COMMISSION REVIEW

Current through Register Vol. 35, No. 13, July 16, 2024
[RESERVED]
[Material previously under this Section was repealed
				  effective 6-30-99 ]
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 10 - NON-COAL MINING › Part 10 - VARIANCES › Section 19.10.10.2 - SCOPE

Current through Register Vol. 35, No. 13, July 16, 2024
All persons subject to the New Mexico Mining Act NMSA 1978,
				  Section
				  69-36-1
				  et. seq.
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 10 - NON-COAL MINING › Part 10 - VARIANCES › Section 19.10.10.5 - EFFECTIVE DATE

Current through Register Vol. 35, No. 13, July 16, 2024
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 administrative or
				judicial enforcement action pending on the effective date of this amendment nor
				the validity of any permit issued pursuant to the Mining Act Parts
				1-13.
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 10 - NON-COAL MINING › Part 10 - VARIANCES › Section 19.10.10.6 - OBJECTIVE

Current through Register Vol. 35, No. 13, July 16, 2024
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 provisions and
				  standards outlined in the Mining Act.
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 10 - NON-COAL MINING › Part 10 - VARIANCES › Section 19.10.10.7 - DEFINITIONS

Current through Register Vol. 35, No. 13, July 16, 2024
[RESERVED]
[Definitions for this Part can be found in
				  19.10.1.7
				  NMAC.]
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 10 - NON-COAL MINING › Part 10 - VARIANCES › Section 19.10.10.1001 - GENERAL

Current through Register Vol. 35, No. 13, July 16, 2024
An applicant or a permittee may apply to the Director for a
				  variance from the provisions of 19.10 NMAC.
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 10 - NON-COAL MINING › Part 10 - VARIANCES › Section 19.10.10.1002 - APPLICATION

Current through Register Vol. 35, No. 13, July 16, 2024
A. Each application
				for a variance must:
(1) state the
				applicant's name and address;
(2)
				state the date of the application;
(3) identify the mining operation for which
				the variance is sought;
(4) provide
				the location of the property on which the mining operation is
				located;
(5) identify the section
				of 19.10 NMAC from which the variance is sought;
(6) state in detail the extent to which the
				applicant wants to vary from 19.10 NMAC;
(7) present sufficient evidence to prove that
				failure to grant a variance will impose an undue economic burden on the
				applicant;
(8) present sufficient
				evidence to prove that granting a variance will not result in
a significant threat to human health, safety or the
				  environment; and
(9)
				include the fee for a variance application pursuant to 19.10.2 NMAC.
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 10 - NON-COAL MINING › Part 10 - VARIANCES › Section 19.10.10.1003 - NOTICE REQUIREMENTS

Current through Register Vol. 35, No. 13, July 16, 2024
A.
				Applications for a variance are subject to the public notice and opportunity
				for public hearing requirements of 19.10.9 NMAC.
B. Notice also shall be provided by the
				Director to the Environment Department, the Office of the State Engineer, the
				Game and Fish Department, the State Historic Preservation Office, the Forestry
				Division, other agencies he deems appropriate, and, if the operation is on
				state or federal land, to the appropriate state or federal land management
				agency.
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 10 - NON-COAL MINING › Part 10 - VARIANCES › Section 19.10.10.1004 - VARIANCE APPROVALS

Current through Register Vol. 35, No. 13, July 16, 2024
A. In
				granting the variance, the Director may impose conditions on the applicant to
				assure that the variance will not result in a significant threat to human
				health, safety or the environment.
B. An order of the Director granting a
				variance shall:
(1) state the applicant's
				name and address;
(2) state the
				date the order is made;
(3)
				identify the mining operation for which the variance is sought;
(4) state the address or location of the
				property upon which the mining operation is located;
(5) identify the section of 19.10 NMAC from
				which the variance is sought;
(6)
				find that the variance will not result in a significant threat to human health,
				safety or environment; and
(7)find
				that failure to grant the variance will impose an undue economic burden on the
				applicant.
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 10 - NON-COAL MINING › Part 11 - INSPECTION, ENFORCEMENT AND PENALTIES › Section 19.10.11.2 - SCOPE

Current through Register Vol. 35, No. 13, July 16, 2024
All persons subject to the New Mexico Mining Act NMSA 1978,
				  Section
				  69-36-1
				  et. seq.
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 10 - NON-COAL MINING › Part 11 - INSPECTION, ENFORCEMENT AND PENALTIES › Section 19.10.11.3 - STATUTORY AUTHORITY

Current through Register Vol. 35, No. 13, July 16, 2024
NMSA 1978, Section
				  69-36-1
				  et. seq.
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 10 - NON-COAL MINING › Part 11 - INSPECTION, ENFORCEMENT AND PENALTIES › Section 19.10.11.5 - EFFECTIVE DATE

Current through Register Vol. 35, No. 13, July 16, 2024
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 administrative or
				judicial enforcement action pending on the effective date of this amendment nor
				the validity of any permit issued pursuant to the Mining Act Parts
				1-13.
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 10 - NON-COAL MINING › Part 11 - INSPECTION, ENFORCEMENT AND PENALTIES › Section 19.10.11.6 - OBJECTIVE

Current through Register Vol. 35, No. 13, July 16, 2024
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 provisions and
				  standards outlined in the Mining Act.
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 10 - NON-COAL MINING › Part 11 - INSPECTION, ENFORCEMENT AND PENALTIES › Section 19.10.11.7 - DEFINITIONS

Current through Register Vol. 35, No. 13, July 16, 2024
[RESERVED]
[Definitions for this part can be found in
				  19.10.1.7
				  NMAC.]
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 10 - NON-COAL MINING › Part 11 - INSPECTION, ENFORCEMENT AND PENALTIES › Section 19.10.11.1101 - INSPECTIONS

Current through Register Vol. 35, No. 13, July 16, 2024
A. The Director
				shall conduct on-site inspections on an irregular basis according to the
				following schedule:
(1) at least two per year
				at each active existing and new mining operation;
(2) at least one per year at each inactive
				existing and new mining operation;
(3) at least one per year following
				completion of all significant reclamation activities, but prior to release of
				financial assurance; and
(4) at
				least one within the initial permit year and subsequently as determined by the
				Director for each minimal impact mining operation and for each exploration
				operation.
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 10 - NON-COAL MINING › Part 11 - INSPECTION, ENFORCEMENT AND PENALTIES › Section 19.10.11.1102 - ENFORCEMENT

Current through Register Vol. 35, No. 13, July 16, 2024
A. Cessation Orders
(1) When the Director determines that a
				condition, practice or violation exists at any operation that violates the Act,
				19.10 NMAC, a permit, or order and which condition, practice or violation also
				creates an imminent danger to the health or safety of the public or will cause
				significant imminent environmental harm, the Director shall immediately order a
				cessation of the operation or the portion of that operation relevant to the
				condition, practice or violation. Factors to be considered by the Director in
				determining significant imminent environmental harm include but are not limited
				to:
(a) whether there is a violation of
				Mining Act requirements that creates a reasonable probability of serious or
				widespread adverse environmental impact; or
(b) whether mining activities threaten
				important habitat, important wildlife, or domestic animals.
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 10 - NON-COAL MINING › Part 11 - INSPECTION, ENFORCEMENT AND PENALTIES › Section 19.10.11.1103 - PERMIT SUSPENSION OR REVOCATION

Current through Register Vol. 35, No. 13, July 16, 2024
For purposes of determining the propriety of an order to show
				  cause why a permit should not be suspended or revoked, the following
				  definitions shall apply:
A. Willful
				violation means an act or omission which violates the Act, 19.10 NMAC, the
				permit or an order committed by a person who intends the act or omission which
				occurs.
B. Unwarranted failure to
				comply means the failure of the permittee to prevent the occurrence of any
				violation of the Act, 19.10 NMAC, the permit or an order because of
				indifference, lack of diligence, lack of reasonable care or the failure to
				abate any violation of the Act, 19.10 NMAC, the permit or an order because of
				indifference, lack of diligence or lack of reasonable care. Violations by any
				person conducting mining, exploration or reclamation operations on behalf of
				the permittee shall be attributed to the permittee.
C. The Director may determine that a pattern
				of violations exists or has existed, based upon:
(1) the number and seriousness of violations
				cited on more than one occasion of the same or related requirements of the Act,
				19.10 NMAC, the permit or an order;
(2) the number and seriousness of violations
				cited on more than one occasion of different requirements of the Act, 19.10
				NMAC, the permit or an order; and
(3) the extent to which the violations are
				isolated departures from lawful conduct.
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 10 - NON-COAL MINING › Part 11 - INSPECTION, ENFORCEMENT AND PENALTIES › Section 19.10.11.1104 - SERVICE

Current through Register Vol. 35, No. 13, July 16, 2024
A. A notice of
				violation shall be in writing, signed by the Director and shall set forth:
(1) the nature of the violation, including a
				citation to the requirement allegedly violated;
(2) time for abatement;
(3) description of the portion of the
				operation to which the notice applies; and
(4) a notice of the opportunity to submit
				information in response and to request a conference under 19.10.11.1110 NMAC
				and 19.10.11.1111 NMAC.
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 10 - NON-COAL MINING › Part 11 - INSPECTION, ENFORCEMENT AND PENALTIES › Section 19.10.11.1105 - PENALTY ASSESSMENT

Current through Register Vol. 35, No. 13, July 16, 2024
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 deemed a separate violation for
				purposes of the total penalty assessed.
B. The Director may assess a penalty for each
				violation. In determining whether to assess a penalty, the Director shall
				consider the factors listed in this Part.
C. The Director shall assess a penalty for
				each cessation order.
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 10 - NON-COAL MINING › Part 11 - INSPECTION, ENFORCEMENT AND PENALTIES › Section 19.10.11.1106 - POINT SYSTEM FOR PENALTIES

Current through Register Vol. 35, No. 13, July 16, 2024
A. History of previous violations The
				Director shall assign up to 25 points based on the history of previous
				violations. One point shall be assigned for each past violation. Five points
				shall be assigned for each violation contained in a cessation order. The
				history of previous violations, for the purpose of assigning points, shall be
				determined and the points assigned with respect to a particular mining,
				exploration or reclamation operation activity. Points shall be assigned as
				follows:
(1) a violation shall not be counted
				if the violation is the subject of pending administrative or judicial review,
				or if the time to request such review or to appeal any administrative or
				judicial decision has not expired. Thereafter, it shall be counted for only 12
				months following the date of final disposition of the violation;
(2) no violation for which the notice or
				order has been vacated shall be counted; and
(3) a violation not resulting in a civil
				penalty assessment shall not receive more than 50% of the points that would
				have been assigned if the violation had resulted in an assessment.
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 10 - NON-COAL MINING › Part 11 - INSPECTION, ENFORCEMENT AND PENALTIES › Section 19.10.11.1107 - DETERMINATION OF AMOUNT OF PENALTY

Current through Register Vol. 35, No. 13, July 16, 2024
The Director shall determine the dollar amount of any civil
				  penalty by using the following schedule: [19.10.11.pdf - Table]
Points
Dollars
Points
Dollars
1
25
36
3200
2
25
37
3400
3
25
38
3600
4
25
39
3800
5
25
40
4000
6
25
41
4200
7
25
42
4400
8
25
43
4600
9
25
44
4800
10
25
45
5000
11
100
46
5200
12
100
47
5400
13
100
48
5600
14
100
49
5800
15
100
50
6000
16
500
51
6200
17
500
52
6400
18
500
53
6600
19
500
54
6800
20
500
55
7000
21
1000
56
7200
22
1000
57
7400
23
1000
58
7600
24
1000
59
7800
25
1500
60
8000
26
1500
61
8200
27
1500
62
8400
28
1500
63
8600
29
1500
64
8800
30
1500
65
9000
31
2200
66
9200
32
2400
67
9400
33
2600
68
9600
34
2800
69
9800
35
3000
70 and above
10000
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 10 - NON-COAL MINING › Part 11 - INSPECTION, ENFORCEMENT AND PENALTIES › Section 19.10.11.1108 - ASSESSMENT OF SEPARATE PENALTY FOR EACH DAY

Current through Register Vol. 35, No. 13, July 16, 2024
A. The Director may assess a separate penalty
				for each day from the date of the violation to the date of abatement of the
				violation. In determining whether to make such an assessment, the Director
				shall consider the factors listed in 19.10.11.1106 NMAC and may consider the
				extent to which the person to whom the notice or order was issued gained any
				economic benefit as a result of a failure to comply. For any violation which
				continues for two or more days and which is assigned more than 70 points, the
				Director shall assess a penalty for a minimum of two separate days.
B. Any penalty assessed shall not exceed
				$10,000 per day of noncompliance for each violation.
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 10 - NON-COAL MINING › Part 11 - INSPECTION, ENFORCEMENT AND PENALTIES › Section 19.10.11.1109 - WAIVER OF USE OF FORMULA TO DETERMINE PENALTY

Current through Register Vol. 35, No. 13, July 16, 2024
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 proposed penalty simply because reduction in the proposed penalty
				would provide more resources to abate violations of the Act, 19.10 NMAC, the
				permit or an order. In no event shall the Director assess or accept a penalty
				of less than the economic benefit realized as a result of a failure to comply.
				The basis of every waiver shall be fully explained and documented in the
				records of the case.
B. If the
				Director waives the use of the formula, the criteria set forth in Section
				69-36-17 of the
				Act shall be used to determine the appropriate penalty. When the Director
				elects to waive the use of the formula, a written explanation of the basis for
				the assessment made shall be provided to the permittee.
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 10 - NON-COAL MINING › Part 11 - INSPECTION, ENFORCEMENT AND PENALTIES › Section 19.10.11.1110 - PROCEDURE FOR PENALTY ASSESSMENT

Current through Register Vol. 35, No. 13, July 16, 2024
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
				alleged violation and the amount of the penalty.
B. The Director shall serve a copy of the
				proposed penalty assessment and of the worksheet showing the computation of the
				proposed penalty on the permittee, in the manner prescribed in Subsection B of
				19.10.11.1104 NMAC. The Director shall serve the proposed penalty assessment no
				later than 30 days after the date set for abatement of the violation or
				issuance of the cessation order. Failure by the Director to serve the proposed
				penalty within 30 days shall not be grounds for dismissal of all or part of
				such violation or penalty unless the permittee:
(1) proves actual prejudice as a result of
				the delay; and
(2) makes a timely
				objection to the delay. An objection shall be timely only if made in the normal
				course of administrative and judicial review.
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 10 - NON-COAL MINING › Part 11 - INSPECTION, ENFORCEMENT AND PENALTIES › Section 19.10.11.1111 - PROCEDURE FOR CONFERENCE

Current through Register Vol. 35, No. 13, July 16, 2024
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 service. The Director shall arrange
				for a conference if a timely request for a conference is made. The Director, in
				his sole discretion, may arrange for a conference if a late request for a
				conference is made.
(1) If the permittee
				requests a conference, the Director may assign a conference officer to hold the
				conference. This person shall not be the inspector signing the notice or order.
				The conference shall be informal in nature and not be governed by the rules of
				evidence for adjudicatory hearings. The conference shall be held within 30 days
				from the date of issuance of the notice of violation, cessation order, or
				proposed penalty assessment unless the Director grants an extension for good
				cause shown.
(2) The conference
				officer shall consider all relevant information. The conference officer shall
				make his recommendation to the Director to affirm, modify or vacate the notice
				of violation or cessation order or affirm, decrease or vacate the proposed
				penalty, if any.
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 10 - NON-COAL MINING › Part 11 - INSPECTION, ENFORCEMENT AND PENALTIES › Section 19.10.11.1112 - APPEAL OF ORDER [RESERVED]

Current through Register Vol. 35, No. 13, July 16, 2024
[Material previously under this Section was repealed
				  effective 6-30-99.]
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 10 - NON-COAL MINING › Part 12 - FINANCIAL ASSURANCE REQUIREMENTS › Section 19.10.12.2 - SCOPE

Current through Register Vol. 35, No. 13, July 16, 2024
All persons subject to the New Mexico Mining Act NMSA 1978,
				  Section
				  69-36-1
				  et. seq.
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 10 - NON-COAL MINING › Part 12 - FINANCIAL ASSURANCE REQUIREMENTS › Section 19.10.12.3 - STATUTORY AUTHORITY

Current through Register Vol. 35, No. 13, July 16, 2024
NMSA 1978, Section
				  69-36-1
				  et. seq.
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 10 - NON-COAL MINING › Part 12 - FINANCIAL ASSURANCE REQUIREMENTS › Section 19.10.12.5 - EFFECTIVE DATE

Current through Register Vol. 35, No. 13, July 16, 2024
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 administrative or
				judicial enforcement action pending on the effective date of this amendment nor
				the validity of any permit issued pursuant to the Mining Act Parts
				1-13.
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 10 - NON-COAL MINING › Part 12 - FINANCIAL ASSURANCE REQUIREMENTS › Section 19.10.12.6 - OBJECTIVE

Current through Register Vol. 35, No. 13, July 16, 2024
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 provisions and
				  standards outlined in the Mining Act.
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 10 - NON-COAL MINING › Part 12 - FINANCIAL ASSURANCE REQUIREMENTS › Section 19.10.12.7 - DEFINITIONS

Current through Register Vol. 35, No. 13, July 16, 2024
[RESERVED]
[Definitions for this part can be found in
				  19.10.1.7
				  NMAC.]
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 10 - NON-COAL MINING › Part 12 - FINANCIAL ASSURANCE REQUIREMENTS › Section 19.10.12.1201 - REQUIREMENT TO FILE FINANCIAL ASSURANCE

Current through Register Vol. 35, No. 13, July 16, 2024
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 financial assurance proposal shall be based upon estimates for a
				third-party contractor to complete reclamation work. The permit shall not be
				issued until receipt of the approved financial assurance by the
				director.
B. The permittee of an
				existing mining operation shall provide a financial assurance proposal in an
				amount adequate to complete the proposed closeout plan as soon as practicable
				after the permittee receives notice from the director that the closeout plan is
				approvable. The permittee shall provide the approved financial assurance prior
				to the director's approval of the closeout plan.
C. Financial assurance shall be payable to
				the state of New Mexico and conditioned upon the performance of all the
				requirements of the act, 19.10 NMAC, the permit, and the reclamation plan or
				closeout plan.
D.Financial
				assurance proposals submitted by applicants or permittees may be required to be
				reviewed by a third party contractor as ordered by the director. All costs for
				such review shall be paid by the applicant or permittee.