Current through Register Vol. 35, No. 6, March 26, 2024
A. Cessation Orders
(1) When the Director determines that a
condition, practice or violation exists at any operation that violates the Act,
19.10 NMAC, a permit, or order and which condition, practice or violation also
creates an imminent danger to the health or safety of the public or will cause
significant imminent environmental harm, the Director shall immediately order a
cessation of the operation or the portion of that operation relevant to the
condition, practice or violation. Factors to be considered by the Director in
determining significant imminent environmental harm include but are not limited
to:
(a) whether there is a violation of
Mining Act requirements that creates a reasonable probability of serious or
widespread adverse environmental impact; or
(b) whether mining activities threaten
important habitat, important wildlife, or domestic animals.
(2) When the Director determines
that mining is conducted in violation of the Act, 19.10 NMAC, or a permit
because the mining is conducted either (a) without a permit, (b) outside of a
permit area, or (c) on previously undisturbed land within a permit area but
where mining is not authorized by the permit, the Director may issue a
cessation order with respect to activities in the area where the unauthorized
mining occurs.
(3) The permittee
shall advise the Director when the condition practice or violation has been
abated. Within 10 days of receiving such information the Director shall
determine if the condition practice or violation has been abated.
(4) The cessation order shall remain in
effect until the Director determines that the condition practice or violation
has been abated or until modified, vacated or terminated by the Director or the
Commission.
B. Notices of
Violation
(1) When the Director determines
that an owner or operator is in violation of a requirement of the Act, 19.10
NMAC, a permit, or order but such condition or practice does not create an
imminent danger to the health or safety of the public or will not cause
significant imminent environmental harm, the Director shall issue a notice of
violation, ordering abatement and fixing a reasonable time, not to exceed 60
days unless extended for good cause shown, for the abatement of the condition
or practice. Such an order may be appealed to the Commission pursuant to
Section
69-36-15 of
the Act.
(2) If, upon expiration of
the period of time fixed for abatement, the Director finds that the condition
or practice has not been abated, the Director shall order a cessation of
operations or a portion thereof. The permittee shall advise the Director when
the condition or practice has been abated. Within 10 days of receiving such
information the Director shall determine if the condition or practice has been
abated. The cessation order shall remain in effect until the Director
determines that the condition or practice has been abated.
C. Order to Show Cause When the Director
determines that a pattern of violations of the Act, 19.10 NMAC, or the permit
exists or has existed, and if the Director also finds that such violations are
caused by the unwarranted failure of the permittee to comply with the Act,
19.10 NMAC, or the permit or that such violations are willfully caused by the
permittee, the Director shall issue an order to the permittee 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: the nature of the
violations, including a citation to the Act, 19.10 NMAC, or the permit
allegedly violated; and set a hearing before the Director on these issues.
Following the hearing, the Director may dismiss the action or issue a final
order suspending or revoking the permit. Such an order may be appealed to the
Commission pursuant to Section
69-36-15 of
the Act.
D. Effective Date of
Orders, Conferences, and Appeals
(1) Unless
otherwise stated in the order, each order issued pursuant to this section shall
be effective upon service pursuant to Subsection B of 19.10.11.1104
NMAC.
(2) A permittee who is served
with a notice of violation or a cessation order may request a conference
pursuant to 19.10.11.1111 NMAC. A request for conference shall not operate as a
stay. A request for a conference may include a request for the director to
extend the time for abatement or cessation of operations, subject to the
Director's approval, pending completion of the conference.
(3) A permittee who is served with a notice
of violation or a cessation order may file a petition for review with the
Commission pursuant to NMSA 1978, Section
69-36-15
and 19.10.14 NMAC without first requesting a conference pursuant to
19.10.11.1111 NMAC.
