New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 8 - COAL MINING › Part 29 - INSPECTIONS › Section 19.8.29.2900 - INSPECTIONS

Current through Register Vol. 35, No. 13, July 16, 2024
A. The director
				through his duly authorized representative shall conduct an average of at least
				one partial inspection per month and one complete inspection per calendar
				quarter of each active surface coal mining and reclamation operation. A partial
				inspection is an on-site or aerial review of an operator's compliance with some
				of the permit conditions and requirements under the act and 19.8 NMAC, and
				includes collection of evidence of any violations observed. Aerial inspections
				shall be conducted in a manner which reasonably ensures the identification and
				documentation of conditions at each surface coal mining and reclamation site
				inspected. Any potential violation observed during an aerial inspection shall
				be investigated on site within three calendar days: Provided that any
				indication of a condition, practice or violation constituting cause for
				issuance of a cessation order under 19.8.30.3000 NMAC shall be investigated on
				site immediately. And provided further, that an on-site investigation of a
				potential violation observed during an aerial inspection shall not be
				considered to be an additional partial or complete inspection for the purposes
				of this part. A complete inspection is an on-site review of an operator's
				compliance with all permit conditions and requirements within the entire area
				disturbed or affected by the operations, and includes collection of evidence
				with respect to every violation.
B.
				The director, through his duly authorized representative shall conduct periodic
				inspections of all inactive surface coal mining operations and exploration
				sites required to comply, in whole or in part, with the act and 19.8 NMAC,
				including collection of evidence with respect to every violation of any
				condition of the exploration approval or surface coal mining and reclamation
				operation permit, or any requirement of this act or 19.8 NMAC. At least one
				complete inspection per calendar quarter shall be conducted on inactive surface
				coal mining operations. For purposes of this part, an inactive surface coal
				mining operation is one for which the director has received the written notice
				provided for under 19.8.20.2073 NMAC, or reclamation of phase II as defined in
				Paragraph (2) of Subsection C of 19.8.14.1412 NMAC has been
				completed.
C. Permits issued under
				19.8.11 NMAC shall be inspected quarterly until notice required by Subsection D
				of 19.8.11.1112 NMAC has been received by the director. Upon receipt of notice,
				or as determined necessary by the director, inspections will be conducted as
				required under Subsection A of 19.8.29.2900 NMAC.
D. The inspections shall be carried out on an
				irregular basis so as to monitor compliance at all operations, shall occur
				without prior notice except for necessary on-site meetings and include the
				prompt filing of inspection reports adequate to enforce the requirements and
				carry out the terms and conditions of the act and 19.8 NMAC.
E. The authorized representatives of the
				director without advance notice and upon presentation of appropriate
				credentials:
(1) shall have the right of
				entry to, upon or through any coal exploration site, surface coal mining and
				reclamation operations or any premises in which any records required to be
				maintained under the act or 19.8 NMAC are located; and
(2) may at reasonable times, and without
				delay, have access to and copy any records, inspect any monitoring equipment or
				method of operation required under the act.