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. 18, September 24, 2024
A. The Director shall conduct on-site inspections on an irregular basis according to the following schedule:
B. When the Director determines that a mining operation is conducting significant reclamation, the inspection must be on an irregular basis averaging not less than one inspection per month.
C. Inspections shall occur without prior notice to the permittee or its agents or employees except for necessary on-site meetings with such persons.
D. To avoid duplication and assist in coordination with other state and federal agencies, the Director is authorized to allow other state and federal regulatory agencies to conduct the required inspections or for the Division to conduct inspections for other agencies if the Division has entered into a joint powers agreement with the agencies. The joint powers agreement shall provide that the enforcement action for violations noted during such inspection shall be conducted by the agency charged with the responsibility under the applicable state or federal law.
E. The Director or his authorized representative, without advance notice, shall: