reglab/statecodes huggingface dataset:
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 8 - COAL MINING › Part 27 - SPECIAL PERFORMANCE STANDARDS - COAL PROCESSING PLANTS AND SUPPORT FACILITIES NOT LOCATED AT OR NEAR THE MINE SITE OR NOT WITHIN THE PERMIT AREA FOR A MINE › Section 19.8.27.3 - STATUTORY AUTHORITY

Current through Register Vol. 35, No. 13, July 16, 2024
NMSA 1978, Sections
				  69-25A-1
				  et. seq. (1979)
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 8 - COAL MINING › Part 27 - SPECIAL PERFORMANCE STANDARDS - COAL PROCESSING PLANTS AND SUPPORT FACILITIES NOT LOCATED AT OR NEAR THE MINE SITE OR NOT WITHIN THE PERMIT AREA FOR A MINE › Section 19.8.27.4 - DURATION

Current through Register Vol. 35, No. 13, July 16, 2024
Permanent.
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 8 - COAL MINING › Part 27 - SPECIAL PERFORMANCE STANDARDS - COAL PROCESSING PLANTS AND SUPPORT FACILITIES NOT LOCATED AT OR NEAR THE MINE SITE OR NOT WITHIN THE PERMIT AREA FOR A MINE › Section 19.8.27.5 - EFFECTIVE DATE

Current through Register Vol. 35, No. 13, July 16, 2024
November 29, 1997, unless a later date is cited at the end of
				  a section.
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 8 - COAL MINING › Part 27 - SPECIAL PERFORMANCE STANDARDS - COAL PROCESSING PLANTS AND SUPPORT FACILITIES NOT LOCATED AT OR NEAR THE MINE SITE OR NOT WITHIN THE PERMIT AREA FOR A MINE › Section 19.8.27.6 - OBJECTIVE

Current through Register Vol. 35, No. 13, July 16, 2024
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 Mexico Surface
				  Mining Act, in accordance with provisions and standards outlined in the New
				  Mexico Surface Mining Act.
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 8 - COAL MINING › Part 27 - SPECIAL PERFORMANCE STANDARDS - COAL PROCESSING PLANTS AND SUPPORT FACILITIES NOT LOCATED AT OR NEAR THE MINE SITE OR NOT WITHIN THE PERMIT AREA FOR A MINE › Section 19.8.27.7 - DEFINITIONS

Current through Register Vol. 35, No. 13, July 16, 2024
[RESERVED]
[Definitions for this part can be found in
				  19.8.1.7
				  NMAC.]
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 8 - COAL MINING › Part 27 - SPECIAL PERFORMANCE STANDARDS - COAL PROCESSING PLANTS AND SUPPORT FACILITIES NOT LOCATED AT OR NEAR THE MINE SITE OR NOT WITHIN THE PERMIT AREA FOR A MINE › Section 19.8.27.8 - 19.8.27.2699 - RESERVED

Current through Register Vol. 35, No. 13, July 16, 2024
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 8 - COAL MINING › Part 27 - SPECIAL PERFORMANCE STANDARDS - COAL PROCESSING PLANTS AND SUPPORT FACILITIES NOT LOCATED AT OR NEAR THE MINE SITE OR NOT WITHIN THE PERMIT AREA FOR A MINE › Section 19.8.27.2700 - APPLICABILITY

Current through Register Vol. 35, No. 13, July 16, 2024
Each person who conducts surface coal mining and reclamation
				  operations, which includes the operation of a coal processing plant or support
				  facility which is not located within the permit area for a specific mine, shall
				  obtain a permit in accordance with
				  19.8.10.1008
				  NMAC to conduct those operations and comply with
				  19.8.27.2701
				  NMAC.
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 8 - COAL MINING › Part 27 - SPECIAL PERFORMANCE STANDARDS - COAL PROCESSING PLANTS AND SUPPORT FACILITIES NOT LOCATED AT OR NEAR THE MINE SITE OR NOT WITHIN THE PERMIT AREA FOR A MINE › Section 19.8.27.2701 - COAL PROCESSING PLANTS: PERFORMANCE STANDARDS

Current through Register Vol. 35, No. 13, July 16, 2024
Construction, operation, maintenance, modification,
				  reclamation, and removal activities at operations covered by this part shall
				  comply with the following:
A. signs
				and markers for the coal processing plant, coal processing waste disposal area,
				and water treatment facilities shall comply with 19.8.20.2000 NMAC;
B. roads, transport, and associated
				structures shall be constructed, maintained, and reclaimed in accordance with
				19.8.20.2076 through 2078 NMAC;
C.
				any stream or channel realignment shall comply with 19.8.20.2012
				NMAC;
D. if required by the
				director, any disturbed area related to the coal processing plant or associated
				facilities shall have sediment control structures, in compliance with
				19.8.20.2013 and 2014 NMAC, and all discharges from these areas shall meet the
				requirements of 19.8.20.2010 NMAC and any other applicable state or federal
				law;
E. permanent impoundments
				associated with coal processing plants shall meet the requirements of
				19.8.20.2017 and 2024 NMAC; dams constructed of or impounding coal processing
				waste shall comply with 19.8.20.2047 through 2049 NMAC;
F. use of water wells shall comply with
				19.8.20.2021 NMAC and water rights shall be protected in accordance with
				19.8.20.2022 NMAC;
G. disposal of
				coal processing waste, solid waste, and any excavated materials shall comply
				with 19.8.20.2034 through 2037 and 2039 through 2046 NMAC;
H. discharge structures for diversions and
				sediment control structures shall comply with 19.8.20.2015 NMAC;
I. air pollution control measures associated
				with fugitive dust emissions shall comply with 19.8.20.2050 NMAC;
J. fish, wildlife and related environmental
				values shall be protected in accordance with 19.8.20.2051 NMAC;
K. slide areas and other surface areas shall
				comply with 19.8.20.2052 NMAC;
L.
				adverse effects upon or resulting from nearby underground coal mining
				activities shall be minimized by appropriate measures including, but not
				limited to, compliance with 19.8.20.2023 and 2038 NMAC;
M. reclamation shall include proper
				topdressing handling procedures, revegetation, and abandonment, in accordance
				with 19.8.20.2024, 2053 through 2059, 2060 through 2066, and 2071 through 2073
				NMAC;
N. conveyors, buildings,
				storage bins or stockpiles, water treatment facilities, water storage
				facilities, and any structure or system related to the coal processing plant
				shall comply with 19.8.20 NMAC;
O.
				any coal processing plant or associated structures located on prime farmland
				shall meet the requirements of 19.8.24 NMAC.
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 8 - COAL MINING › Part 28 - SPECIAL PERFORMANCE STANDARDS - IN SITU PROCESSING › Section 19.8.28.2 - SCOPE

Current through Register Vol. 35, No. 13, July 16, 2024
All persons subject to the New Mexico Surface Mining Act,
				  NMSA 1978, Sections
				  69-25A-1
				  et. Seq. (1979).
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 8 - COAL MINING › Part 28 - SPECIAL PERFORMANCE STANDARDS - IN SITU PROCESSING › Section 19.8.28.3 - STATUTORY AUTHORITY

Current through Register Vol. 35, No. 13, July 16, 2024
NMSA 1978, Sections
				  69-25A-1
				  et. seq. (1979).
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 8 - COAL MINING › Part 28 - SPECIAL PERFORMANCE STANDARDS - IN SITU PROCESSING › Section 19.8.28.5 - EFFECTIVE DATE

Current through Register Vol. 35, No. 13, July 16, 2024
November 29, 1997, unless a later date is cited at the end of
				  a section.
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 8 - COAL MINING › Part 28 - SPECIAL PERFORMANCE STANDARDS - IN SITU PROCESSING › Section 19.8.28.6 - OBJECTIVE

Current through Register Vol. 35, No. 13, July 16, 2024
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 Mexico Surface
				  Mining Act, in accordance with provisions and standards outlined in the New
				  Mexico Surface Mining Act.
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 8 - COAL MINING › Part 28 - SPECIAL PERFORMANCE STANDARDS - IN SITU PROCESSING › Section 19.8.28.7 - DEFINITIONS

Current through Register Vol. 35, No. 13, July 16, 2024
[RESERVED]
[Definitions for this part can be found in
				  19.8.1.7
				  NMAC.]
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 8 - COAL MINING › Part 28 - SPECIAL PERFORMANCE STANDARDS - IN SITU PROCESSING › Section 19.8.28.2800 - IN SITU PROCESSING: PERFORMANCE STANDARDS

Current through Register Vol. 35, No. 13, July 16, 2024
A. The person who conducts in situ processing
				activities shall comply with 19.8.20 NMAC and this section.
B. In situ processing activities shall be
				planned and conducted to minimize disturbance to the prevailing hydrologic
				balance by:
(1) avoiding discharge of fluids
				into holes or wells, other than as approved by the director;
(2) injecting process recovery fluids only
				into geologic zones or intervals approved as production zones by the
				director;
(3) avoiding annual
				injection between the wall of the drill hole and the casing; and
(4) preventing discharge of process fluid
				into surface waters.
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 8 - COAL MINING › Part 28 - SPECIAL PERFORMANCE STANDARDS - IN SITU PROCESSING › Section 19.8.28.2801 - IN SITU PROCESSING: MONITORING

Current through Register Vol. 35, No. 13, July 16, 2024
A. Each person who conducts in situ
				processing activities shall monitor the quality and quantity of surface and
				ground water and the subsurface flow and storage characteristics in a manner
				approved by the director under 19.8.20.2020 NMAC to measure changes in the
				quantity and quality of water in surface and ground water systems in the permit
				and adjacent areas.
B. Air and
				water quality monitoring shall be conducted in accordance with monitoring
				programs approved by the director as necessary according to appropriate federal
				and state air and water quality standards.
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 8 - COAL MINING › Part 29 - INSPECTIONS › Section 19.8.29.2 - SCOPE

Current through Register Vol. 35, No. 13, July 16, 2024
All persons subject to the New Mexico Surface Mining Act,
				  NMSA 1978, Sections
				  69-25A-1
				  et. Seq. (1979).
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 8 - COAL MINING › Part 29 - INSPECTIONS › Section 19.8.29.3 - STATUTORY AUTHORITY

Current through Register Vol. 35, No. 13, July 16, 2024
NMSA 1978, Sections
				  69-25A-1
				  et. seq. (1979).
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 8 - COAL MINING › Part 29 - INSPECTIONS › Section 19.8.29.6 - OBJECTIVE

Current through Register Vol. 35, No. 13, July 16, 2024
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 Mexico Surface
				  Mining Act, in accordance with provisions and standards outlined in the New
				  Mexico Surface Mining Act.
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 8 - COAL MINING › Part 29 - INSPECTIONS › Section 19.8.29.7 - DEFINITIONS

Current through Register Vol. 35, No. 13, July 16, 2024
[RESERVED]
[Definitions for this part can be found in
				  19.8.1.7
				  NMAC.]
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 8 - COAL MINING › Part 29 - INSPECTIONS › Section 19.8.29.2902 - REVIEW OF ADEQUACY AND COMPLETENESS OF INSPECTION

Current through Register Vol. 35, No. 13, July 16, 2024
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
				  19.8.29.2900 NMAC.
				  The notification shall include sufficient information to create a reasonable
				  belief that
				  19.8.29.2900 NMAC is
				  not being complied with and to demonstrate that the person is or may be
				  adversely affected. The director shall within 15 days of receipt of the
				  notification determine whether
				  19.8.29.2900 NMAC is
				  being complied with, and if not shall immediately order an inspection to remedy
				  the noncompliance. The director shall also furnish the complainant with a
				  written statement of the reasons for such determination and the actions, if
				  any, taken to remedy the noncompliance.
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 8 - COAL MINING › Part 29 - INSPECTIONS › Section 19.8.29.2903 - REVIEW OF DECISION NOT TO INSPECT OR ENFORCE

Current through Register Vol. 35, No. 13, July 16, 2024
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
				person in a request for an inspection under 19.8.29.2901 NMAC. The request for
				review shall be in writing and include a statement of how the person is or may
				be adversely affected and why the decision merits review.
B. The director shall conduct the review and
				inform the person, in writing, of the results of the review within 30 days of
				his or her receipt of the request. The person alleged to be in violation shall
				also be given a copy of the results of the review, except that the name of the
				citizen shall not be disclosed unless confidentiality has been waived or
				disclosure is required under state law.
C. Informal review under this part shall not
				affect any right to informal review under
				69-25A-29
				NMSA 1978 of the act or to a citizen's suit under
				69-25A-24
				NMSA 1978 of the act.
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 8 - COAL MINING › Part 29 - INSPECTIONS › Section 19.8.29.2904 - AVAILABILITY OF RECORDS

Current through Register Vol. 35, No. 13, July 16, 2024
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.
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 8 - COAL MINING › Part 30 - ENFORCEMENT › Section 19.8.30.2 - SCOPE

Current through Register Vol. 35, No. 13, July 16, 2024
All persons subject to the New Mexico Surface Mining Act,
				  NMSA 1978, Sections
				  69-25A-1
				  et. Seq. (1979).
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 8 - COAL MINING › Part 30 - ENFORCEMENT › Section 19.8.30.3 - STATUTORY AUTHORITY

Current through Register Vol. 35, No. 13, July 16, 2024
NMSA 1978, Sections
				  69-25A-1
				  et. seq. (1979).
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 8 - COAL MINING › Part 30 - ENFORCEMENT › Section 19.8.30.6 - OBJECTIVE

Current through Register Vol. 35, No. 13, July 16, 2024
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 Mexico Surface
				  Mining Act, in accordance with provisions and standards outlined in the New
				  Mexico Surface Mining Act.
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 8 - COAL MINING › Part 30 - ENFORCEMENT › Section 19.8.30.7 - DEFINITIONS

Current through Register Vol. 35, No. 13, July 16, 2024
[RESERVED]
[Definitions for this part can be found in
				  19.8.1.7
				  NMAC.]
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 8 - COAL MINING › Part 30 - ENFORCEMENT › Section 19.8.30.3001 - NOTICES OF VIOLATION

Current through Register Vol. 35, No. 13, July 16, 2024
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 danger or harm for which a
				cessation order must be issued under 19.8.30.3000 NMAC.
B. A notice of violation shall be in writing,
				signed by the director or by his duly authorized representative and shall set
				forth with reasonable specificity:
(1) the
				nature of the violation, including a citation to the requirement allegedly
				violated;
(2) the remedial action
				required which may include interim steps;
(3) a reasonable time, but not more than
				ninety days for abatement, which may include time for accomplishment of interim
				steps;
(4) a reasonable description
				of the portion of the coal exploration or surface coal mining and reclamation
				operation to which it applies; and
(5) a notice of opportunity for review
				pursuant to 19.8.12.1203 NMAC.
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 8 - COAL MINING › Part 30 - ENFORCEMENT › Section 19.8.30.3002 - PERMIT SUSPENSION OR REVOCATION

Current through Register Vol. 35, No. 13, July 16, 2024
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 permittee to comply with such requirements or conditions or that such
				violations are willfully caused by the permittee, the director shall, except as
				otherwise provided in Subsection E of 19.8.30.3002 NMAC, issue an order to a
				permittee requiring him to show cause as to why the permit should not be
				suspended or revoked. The order shall be in writing, signed by the director and
				shall set forth with reasonable specificity:
(1) the nature of the violations, including a
				citation to the requirements or conditions allegedly violated;
(2) the conduct alleged to justify the
				finding that such violations are the result of the permittee's unwarranted
				failure or were willful; and
(3)
				the opportunity for a hearing to be held pursuant to Subsection E of
				69-25A-29
				NMSA 1978 of the act.
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 8 - COAL MINING › Part 30 - ENFORCEMENT › Section 19.8.30.3003 - SERVICE OF NOTICES OF VIOLATION AND CESSATION ORDERS

Current through Register Vol. 35, No. 13, July 16, 2024
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 to the individual who, based upon
				reasonable inquiry by the director's duly authorized representative, appears to
				be in charge of the coal exploration or surface coal mining and reclamation
				operation referred to in the notice or order. If no such individual can be
				located at the site, a copy may be tendered to any individual at the site who
				appears to be a supervisory employee or agent of the person to whom the notice
				or order is issued. Service shall be complete upon tender of the notice or
				order and shall not be deemed incomplete because of refusal to
				accept.
(2) As an alternative,
				service may be made by sending a copy of the notice or order by certified mail
				or by hand to the person to whom it is issued or his designated agent. Service
				shall be complete upon tender of the notice or order or of the mail and shall
				not be deemed incomplete because of refusal to accept.
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 8 - COAL MINING › Part 30 - ENFORCEMENT › Section 19.8.30.3004 - INFORMAL HEARINGS

Current through Register Vol. 35, No. 13, July 16, 2024
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. The director may, for good cause
				shown, extend the time for requesting a notice of a hearing provided that the
				total time for request including any such extension, does not exceed fifteen
				(15) days from service of notice or order.
B. The right to an informal hearing, as
				provided in this section, shall be deemed waived if the person to whom notice
				of violation or cessation order is given fails to request in writing such
				hearing within ten (10) days or if granted by the director, within any
				additional extension of time after service of the notice or order.
C. Within five days after the close of an
				informal hearing the director may affirm, modify or vacate the notice or order
				in writing. The decision shall be sent to the person to whom the notice or
				order was issued, or any person who filed a report which led to the notice or
				order.
D. At the request of the
				operator to whom the notice or order is given, the hearing on a notice of
				violation or cessation order may be delayed until a proposed civil penalty
				assessment is served in accordance with 19.8.31.3105 NMAC. In any event, the
				director may, at an informal hearing, resolve the amount of a civil penalty
				with the agreement of the operator, notwithstanding that no proposed civil
				penalty assessment has yet been served in accordance with 19.8.31.3105
				NMAC.
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 8 - COAL MINING › Part 31 - PENALTIES › Section 19.8.31.2 - SCOPE

Current through Register Vol. 35, No. 13, July 16, 2024
All persons subject to the New Mexico Surface Mining Act,
				  NMSA 1978, Sections
				  69-25A-1
				  et. Seq. (1979).
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 8 - COAL MINING › Part 31 - PENALTIES › Section 19.8.31.3 - STATUTORY AUTHORITY

Current through Register Vol. 35, No. 13, July 16, 2024
NMSA 1978, Sections
				  69-25A-1
				  et. seq. (1979).
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 8 - COAL MINING › Part 31 - PENALTIES › Section 19.8.31.6 - OBJECTIVE

Current through Register Vol. 35, No. 13, July 16, 2024
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 Mexico Surface
				  Mining Act, in accordance with provisions and standards outlined in the New
				  Mexico Surface Mining Act.
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 8 - COAL MINING › Part 31 - PENALTIES › Section 19.8.31.7 - DEFINITIONS

Current through Register Vol. 35, No. 13, July 16, 2024
[RESERVED]
[Definitions for this part can be found in
				  19.8.1.7
				  NMAC.]
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 8 - COAL MINING › Part 31 - PENALTIES › Section 19.8.31.3100 - CIVIL PENALTIES: 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 shall
				assess a penalty for each cessation order.
C. The director may assess a penalty for each
				violation. In determining whether to assess a penalty, the director shall
				consider the factors listed in 19.8.31.3101 NMAC. Normally, a penalty will be
				assessed when a violation is assigned 31 points or more.
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 8 - COAL MINING › Part 31 - PENALTIES › Section 19.8.31.3101 - POINT SYSTEM FOR PENALTIES

Current through Register Vol. 35, No. 13, July 16, 2024
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) 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 contained in a
				notice of violation. Five points shall be assigned for each violation (but not
				a condition or practice) 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 coal exploration or
				surface coal mining operation. Points shall be assigned as follows:
(a) a violation shall not be counted, if the
				notice or order is the subject of pending administrative or judicial review or
				if the time to request any administrative or judicial decision has not expired,
				and thereafter it shall be counted for only one year;
(b) no violation for which the notice or
				order has been vacated shall be counted; and
(c) a violation, not resulting in a civil
				penalty assessment shall not receive more than 50% of the points than would
				have been assigned if the violation had resulted in an assessment.
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 8 - COAL MINING › Part 31 - PENALTIES › Section 19.8.31.3102 - DETERMINATION OF PENALTY AMOUNT

Current through Register Vol. 35, No. 13, July 16, 2024
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 1700-1800
2 30-50 38 1800-1900
3 50-70 39 1900-2000
4 70-90 40 2000-2100
5 90-110 41 2100-2200
6 110-130 42 2200-2300
7 130-150 43 2300-2400
8 150-170 44 2400-2500
9 170-190 45 2500-2600
10 190-210 46 2600-2700
11 210-230 47 2700-2800
12 230-250 48 2800-2900
13 250-270 49 2900-3000
14 270-290 50 3000-3100
15 290-310 51 3100-3200
16 310-330 52 3200-3300
17 330-350 53 3300-3400
18 350-370 54 3400-3500
19 370-390 55 3500-3600
20 390-410 56 3600-3700
21 410-430 57 3700-3800
22 430-450 58 3800-3900
23 450-470 59 3900-4000
24 470-500 60 4000-4100
25 500-600 61 4100-4200
26 600-700 62 4200-4300
27 700-800 63 4300-4400
28 800-900 64 4400-4500
29 900-1000 65 4500-4600
30 1000-1100 66 4600-4700
31 1100-1200 67 4700-4800
32 1200-1300 68 4800-4900
33 1300-1400 69 4900-5000
34 1400-1500 70 and above 5000
35 1500-1600
36 1600-1700
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 8 - COAL MINING › Part 31 - PENALTIES › Section 19.8.31.3103 - ASSESSMENT OF SEPARATE VIOLATION FOR EACH DAY

Current through Register Vol. 35, No. 13, July 16, 2024
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
				listed in 19.8.31.3101 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 civil
				penalty for a minimum of two separate days.
B. Whenever a violation contained in a notice
				of violation or cessation order has not been abated within the abatement period
				set in the notice or order, a civil penalty of not less than $750 shall be
				assessed for each day, not exceeding thirty (30) days for each such violation,
				during which such failure continues, except that, if the person to whom the
				notice or order was issued initiates review proceedings with respect to the
				violation, the abatement period shall be extended as follows:
(1) if suspension of the abatement
				requirements of the notice or order is ordered in a temporary relief proceeding
				under Subsection D of
				69-25A-29
				NMSA 1978 of the act, after a determination that the person to whom the notice
				or order was issued will suffer irreparable loss or damage from the application
				of the requirements, the period permitted for abatement shall not end until the
				date on which the director issues a final order with respect to the violation
				in question; and
(2) if the person
				to whom the notice or order was issued initiated review proceedings under
				Section
				69-25A-30
				NMSA 1978 of the act with respect to the violation, in which the obligations to
				abate are suspended by the court pursuant to Subsection B of Section
				69-25A-30
				NMSA 1978 of the act, the daily assessment of a penalty shall not be made for
				any period before entry of a final order by the court not subject to
				appeal.
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 8 - COAL MINING › Part 31 - PENALTIES › Section 19.8.31.3104 - WAIVER OF USE OF FORMULA TO DETERMINE CIVIL PENALTY

Current through Register Vol. 35, No. 13, July 16, 2024
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
				exceptional factors present in the particular case, the penalty is demonstrably
				unjustified. However, the director shall not waive the use of the formula or
				reduce the proposed assessment on the basis of an argument that a reduction in
				the proposed penalty could be used to abate violations of the act, 19.8 NMAC or
				any conditions of any permit or exploration approval. 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, he shall use the criteria set forth in Subsection A of Section
				69-25A-22
				NMSA 1978 of the act, to determine the appropriate penalty. When the director
				has elected to waive the use of the formula, he shall give a written
				explanation of the basis for the assessment made to the person to whom the
				notice or order was issued.
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 8 - COAL MINING › Part 31 - PENALTIES › Section 19.8.31.3105 - PROCEDURE FOR CIVIL PENALTY ASSESSMENT

Current through Register Vol. 35, No. 13, July 16, 2024
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 consider any information so submitted in determining the facts
				surrounding the violation and the amount of the penalty.
B. The director shall serve a copy of the
				proposed assessment and of the worksheet showing the computation of the
				proposed assessment on the person to whom the notice or order was issued, by
				certified mail, within 30 days of the issuance of the notice or order. If the
				mail is tendered at the address of that person set forth in the sign required
				under Subsection C of 19.8.20.2000 NMAC or at any address at which that person
				is in fact located, and he refuses to accept delivery of or to collect such
				mail, the requirements of this subsection shall be deemed to have been complied
				with upon such tender. Failure by the director to serve any proposed assessment
				within 30 days shall not be grounds for dismissal of all or part of such
				assessment unless the person against whom the proposed penalty has been
				assessed:
(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 8 - COAL MINING › Part 31 - PENALTIES › Section 19.8.31.3106 - PROCEDURE FOR ASSESSMENT CONFERENCE

Current through Register Vol. 35, No. 13, July 16, 2024
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 served.
B.
				Conference format and timing.
(1) The
				director shall assign a conference officer to hold the assessment conference
				who shall not be the inspector signing the notice or order. The conference
				shall be informal in nature and not be governed by the rules for adjudicatory
				hearings found in 19.8.12 NMAC. The assessment conference shall be held within
				60 days from the date of issuance of the proposed assessment or the end of the
				abatement period, whichever is later. A failure by the director to hold such
				conference within 60 days shall not be grounds for dismissal of all or part of
				an assessment unless the person against whom the proposed penalty has been
				assessed proves actual prejudice as a result of the delay.
(2) The director shall post notice of the
				time and place of the conference at his office at least five (5) days before
				the conference. Any person shall have a right to attend and participate in the
				conference.
(3) The conference
				officer shall consider all relevant information in the violation. Within 30
				days after the conference is held, the conference officer shall either:
(a) settle the issues, in which case a
				settlement agreement shall be prepared by the conference officer and signed by
				the director and by the person assessed; or
(b) affirm, raise, lower or vacate the
				penalty.
(4) An increase
				or reduction of a proposed civil penalty assessment of more than 25 percent and
				more than $500 shall not be final and binding until approved by the
				director.
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 8 - COAL MINING › Part 31 - PENALTIES › Section 19.8.31.3107 - REQUEST FOR HEARING

Current through Register Vol. 35, No. 13, July 16, 2024
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 provided in Subsection B of
				19.8.31.3107 NMAC within 30 days from receipt of the proposed assessment or
				reassessment or 30 days from the date of service of the conference officer's
				action, whichever is later. The fact of the violation may not be contested, if
				it has been decided in a review proceeding commenced under 19.8.31.3108
				NMAC.
B. All funds submitted under
				Subsection A of 19.8.31.3107 NMAC shall be held in escrow pending completion of
				the administrative and judicial review process, at which time the director
				shall disburse them as provided 19.8.31.3108 NMAC.
C. The request for hearing and any hearing
				procedure shall be governed by 19.8.12.1203 NMAC and any contest of a proposed
				penalty may, unless inconsistent with the timing of a hearing on a notice of
				violation or cessation order, be combined with any such proceeding under
				19.8.12.1203 NMAC.
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 8 - COAL MINING › Part 31 - PENALTIES › Section 19.8.31.3108 - FINAL ASSESSMENT AND PAYMENT OF PENALTY

Current through Register Vol. 35, No. 13, July 16, 2024
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 time allowed to request a hearing.
B. If any party requests judicial review of a
				final order of the director, the proposed penalty shall continue to be held in
				escrow until completion of the review. Otherwise, subject to Subsection C of
				19.8.31.3108 NMAC, the escrowed funds shall be released to the director in
				payment of the penalty, and the escrow shall end.
C. If the final decision in the
				administrative and judicial review results in an order reducing or eliminating
				the proposed penalty assessed, the director shall within 30 days of receipt of
				the order refund to the person assessed all or part of the escrowed amount,
				with interest from the date of payment into escrow to the date of the refund at
				the rate of 6 percent or at the rate established by the U.S. department of
				treasury pursuant to Section 6621(b) of the internal revenue code, whichever is
				greater.
D. If the review results
				in an order increasing the penalty, the person to whom the notice or order was
				issued shall pay the difference to the director within 15 days after the order
				is mailed to such person.
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 8 - COAL MINING › Part 31 - PENALTIES › Section 19.8.31.3109 - INDIVIDUAL CIVIL PENALTIES

Current through Register Vol. 35, No. 13, July 16, 2024
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 condition, or a failure or refusal to
				comply with any order issued under the act.
B. The director shall not assess an
				individual civil penalty in situations resulting from a permit violation by a
				corporate permittee until a cessation order has been issued by the director to
				the corporate permittee for the violation, and the cessation order has remained
				unabated for 30 days.
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 8 - COAL MINING › Part 31 - PENALTIES › Section 19.8.31.3110 - AMOUNT OF INDIVIDUAL CIVIL PENALTY

Current through Register Vol. 35, No. 13, July 16, 2024
A. In determining the amount of an individual
				civil penalty assessed under 19.8.31.3109 NMAC, the director shall consider the
				criteria specified in Section
				69-25A-22
				NMSA 1978, including:
(1) the individual's
				history of authorizing, ordering or carrying out previous violations, failures
				or refusals at the particular surface coal mining operations;
(2) the seriousness of the violation, failure
				or refusal (as indicated by the extent the environment and any hazard to the
				health or safety of the public; and
(3) the demonstrated good faith of the
				individual charged in attempting to achieve rapid compliance after notice of
				the violation, failure or refusal.
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 8 - COAL MINING › Part 31 - PENALTIES › Section 19.8.31.3111 - PROCEDURE FOR ASSESSMENT OF INDIVIDUAL CIVIL PENALTY

Current through Register Vol. 35, No. 13, July 16, 2024
A. The director shall serve on each
				individual to be assessed an individual civil penalty a notice or proposed
				individual civil penalty assessment, including a narrative explanation of the
				reasons for the penalty, the amount to be assessed, and a copy of any
				underlying notice of violation and cessation order.
B. The notice of proposed individual civil
				penalty assessment shall become a final order of the director 30 days after
				service upon the individual unless:
(1) the
				individual files within 30 days of service of the notice of proposed individual
				civil penalty assessment a petition for review in accordance with 19.8.12.1203
				NMAC; or
(2) the director and the
				individual or responsible corporate permittee agree within 30 days of service
				of the notice or proposed individual civil penalty assessment to a schedule or
				plan for the abatement or correction of the violation, failure or
				refusal.
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 8 - COAL MINING › Part 31 - PENALTIES › Section 19.8.31.3112 - PAYMENT OF PENALTY

Current through Register Vol. 35, No. 13, July 16, 2024
A. If a
				notice of proposed individual civil penalty assessment becomes a final order in
				the absence of a petition for review or abatement agreement, the penalty shall
				be due upon issuance of the final order.
B. If an individual named in a notice of
				proposed individual civil penalty assessment files for review in accordance
				with 19.8.12.1203 NMAC, the penalty shall be due upon issuance of a final
				administrative order affirming, increasing or decreasing the proposed
				penalty.
C. Where the director and
				the corporate permittee or individual have agreed in writing on a plan for the
				abatement of or compliance with the unabated order, an individual named in a
				notice of proposed individual civil penalty assessment may postpone payment
				until receiving either a final order from the director stating that the penalty
				is due on the date of such final order, or written notice that abatement or
				compliance is satisfactory and the penalty has been withdrawn.
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 8 - COAL MINING › Part 31 - PENALTIES › Section 19.8.31.3113 - CRIMINAL PENALTIES

Current through Register Vol. 35, No. 13, July 16, 2024
Under Section
				  69-25A-22
				  NMSA 1978, the director may request the attorney general to pursue criminal
				  penalties against any person who:
A.
				willfully and knowingly violates a condition of the permit;
B. willfully and knowingly fails or refuses
				to comply with:
(1) any order issued under
				69-25A-25
				or
				69-25A-30
				NMSA 1978; or
(2) any order
				incorporated into a final decision issued by the director under the act (except
				for those orders specifically excluded under Subsection E of
				69-25A-22
				NMSA 1978); or
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 8 - COAL MINING › Part 32 - SMALL OPERATOR ASSISTANCE PROGRAM › Section 19.8.32.2 - SCOPE

Current through Register Vol. 35, No. 13, July 16, 2024
All persons subject to the New Mexico Surface Mining Act,
				  NMSA 1978, Sections
				  69-25A-1
				  et. Seq. (1979).
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 8 - COAL MINING › Part 32 - SMALL OPERATOR ASSISTANCE PROGRAM › Section 19.8.32.3 - STATUTORY AUTHORITY

Current through Register Vol. 35, No. 13, July 16, 2024
NMSA 1978, Sections
				  69-25A-1
				  et. seq. (1979).
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 8 - COAL MINING › Part 32 - SMALL OPERATOR ASSISTANCE PROGRAM › Section 19.8.32.5 - EFFECTIVE DATE

Current through Register Vol. 35, No. 13, July 16, 2024
November 29, 1997, unless a later date is cited at the end of
				  a section.
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 8 - COAL MINING › Part 32 - SMALL OPERATOR ASSISTANCE PROGRAM › Section 19.8.32.6 - OBJECTIVE

Current through Register Vol. 35, No. 13, July 16, 2024
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 Mexico Surface
				  Mining Act, in accordance with provisions and standards outlined in the New
				  Mexico Surface Mining Act.
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 8 - COAL MINING › Part 32 - SMALL OPERATOR ASSISTANCE PROGRAM › Section 19.8.32.7 - DEFINITIONS

Current through Register Vol. 35, No. 13, July 16, 2024
[RESERVED]
[Definitions for this part can be found in
				  19.8.1.7
				  NMAC.]
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 8 - COAL MINING › Part 32 - SMALL OPERATOR ASSISTANCE PROGRAM › Section 19.8.32.3200 - ELIGIBILITY FOR ASSISTANCE

Current through Register Vol. 35, No. 13, July 16, 2024
An applicant is eligible for assistance if he:
A. intends to apply for a permit pursuant to
				the act;
B. establishes that his
				probable total actual and attributed production from all locations during any
				consecutive 12-month period either during the term of his permit or during the
				first 5 years after issuance of his permit, whichever period is shorter, will
				not exceed 300,000 tons. Production from the following operations shall be
				attributed to the applicant:
(1) the pro rata
				share, based upon percentage of ownership of applicant, of coal produced by
				operations in which the applicant owns more than a 10 percent
				interest;
(2) the pro rata share,
				based upon percentage of ownership of applicant, of coal produced in other
				operations by persons who own more than 10 percent of the applicant's
				operation;
(3) all coal produced by
				operations owned by persons who directly or indirectly control the applicant by
				reason of direction of the management;
(4) all coal produced by operations owned by
				members of the applicant's family and the applicants' relatives, unless it is
				established that there is no direct or indirect business relationship between
				or among them.
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 8 - COAL MINING › Part 32 - SMALL OPERATOR ASSISTANCE PROGRAM › Section 19.8.32.3201 - FILING FOR ASSISTANCE

Current through Register Vol. 35, No. 13, July 16, 2024
Each application for assistance shall include the following
				  information:
A. a statement of the
				operator's intent to file a permit application;
B. the names and addresses of:
(1) the permit applicant; and
(2) the operator if different from the
				applicant;
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 8 - COAL MINING › Part 32 - SMALL OPERATOR ASSISTANCE PROGRAM › Section 19.8.32.3202 - APPLICATION APPROVAL AND NOTICE

Current through Register Vol. 35, No. 13, July 16, 2024
A.
				If the director finds the applicant eligible, he shall inform the applicant in
				writing that the application is approved.
B. If the director finds the applicant
				ineligible, he shall inform the applicant in writing that the application is
				denied and shall state the reasons for denial.