New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 8 - COAL MINING › Part 30 - ENFORCEMENT › Section 19.8.30.3000 - CESSATION ORDERS

Current through Register Vol. 35, No. 13, July 16, 2024
A. The
				director, or his duly authorized representative shall immediately order a
				cessation of coal exploration operations or surface coal mining and reclamation
				operations or relevant portions thereof, if he determines, on the basis of an
				inspection, any conditions or practices exist or that any permittee is in
				violation of any requirements of the act, 19.8 NMAC or any permit condition,
				which condition, practice or violation creates an imminent danger to the health
				or safety of the public, or is causing or can reasonably be expected to cause
				significant, imminent environmental harm to land, air or water
				resources.
B. Surface coal mining
				operations conducted by any person without a valid surface coal mining permit
				constitute a condition or practice which causes or can reasonably be expected
				to cause significant imminent environmental harm to land, air, or water
				resources unless such operations are an integral, uninterrupted extension of
				previously permitted operations, and the person conducting such operations has
				filed a timely and complete application for a permit to conduct such
				operations.
C. If the cessation
				order will not completely abate the imminent danger or harm in the most
				expeditious manner possible, the inspector shall impose affirmative obligations
				to abate the condition, practice or violation, specifying the time by which the
				abatement shall be accomplished. If affirmative obligations to abate are
				imposed, the inspector may consider suggestions by the operator concerning the
				economic and technological feasibility, in determining the most expeditious
				means of abatement and the period for correction of the condition, practice or
				violation causing an imminent danger to the health or safety of the public or
				significant environmental harm to land, air or water resources.
D. The director, or his duly authorized
				representative, shall immediately order a cessation of coal exploration or
				surface coal mining and reclamation operations or relevant portions thereof, if
				he finds that a violation has not been abated within the period specified in a
				notice of violation issued under 19.8.30.3001 NMAC. The cessation order shall
				specify measures deemed necessary by the inspector to abate the violations in
				the most expeditious manner possible.
E. A cessation order shall be effective upon
				prompt delivery to the permittee or his agent. The order shall remain in effect
				until the condition, practice or violation has been abated or until vacated,
				modified or terminated in writing by the director or his duly authorized
				representative. A cessation order shall be in writing, signed by the director
				or 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 and the imminent
				danger or harm allegedly involved;
(2) the remedial action or affirmative
				obligation required, if any, including interim steps, if appropriate;
(3) the time established for abatement, if
				appropriate, including the time for meeting any interim steps; and
(4) a reasonable description of the portion
				of the coal exploration or surface coal mining and reclamation operation to
				which it applies.