New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 7 - MINING - GENERAL PROVISIONS › Part 2 - NEW MEXICO MINE SAFEGUARDING › Section 19.7.2.7 - DEFINITIONS

Current through Register Vol. 35, No. 13, July 16, 2024
A. "Abandoned"
				means the permanent cessation of mining operations or the temporary cessation
				when no office with a responsible person is maintained at the site at all times
				and access to the mine is controlled.
B. "Director" means the director of the
				mining and minerals division.
C.
				"Division" means the mining and minerals division of the New Mexico energy,
				minerals and natural resources department.
D. "Effectively close or fence off" means to
				prevent entrance or access to any mine surface openings associated with any
				permanently suspended mining operation or any mine surface openings associated
				with any temporarily suspended mining operations when an office with a
				responsible person is not maintained at the site to all unauthorized persons,
				by sealing such opening with earthen or other suitable materials in a manner
				approved by the director, or by the construction of a fence around such
				openings of materials and in a manner approved by the director, and includes
				the monitoring and maintenance of such closures or fences as necessary to
				ensure that entrance and access is prevented.
E. "Immediate danger" means a condition that
				could reasonably be expected to have a high probability of resulting in
				physical harm to public health and safety.
F. "Mine" means and includes all surface and
				underground operations to win coal, metals and other mineral substances from
				their deposits (exclusive of natural gas or petroleum), all tunnel operations,
				all caisson operations, all mills, ore houses and treatment plants, all
				quarries, pits, open cut workings, strippings, placer mines, sand, gravel and
				similar banks.
G. "Mineral" means
				coal, metallic or non-metallic ores or any naturally occurring rock substances
				that are mined or recovered on or under the surface of the earth.
H. "Operations" means any construction or
				excavation activities for the purpose of winning minerals from their deposits
				or any activities undertaken in the proper safeguarding of mine surface
				openings.
I. "Operator" means and
				includes owner, operator, lessee, manager, superintendent or agent, receiver or
				trustee and political subdivisions and instrumentalities of the state of New
				Mexico operating any mine.
J.
				"Permanent suspension" means the cessation for an indefinite period of mining
				operations which are not expected to resume at a future time. Mines where
				suspension is permanent are considered abandoned mines for purposes of
				safeguarding.
K. "Secretary" means
				the secretary of the energy, minerals and natural resources
				department.
L. "Suspension" means
				the cessation of mine operations and may be either permanent or temporary in
				nature.
M. "Temporary suspension"
				means the cessation for a limited time of mining operations which are expected
				to resume at a future time. Mines under temporary suspension which have no
				office with a responsible person at the site at all times and where access to
				the mine is not controlled are considered abandoned for purposes of
				safeguarding.
N. "Unauthorized
				persons" means anyone other than the mine owner or operator, the state mine
				inspector or the director and their agents or any other state or federal
				regulatory agency authorized to inspect the mine site.