New Mexico Administrative Code
Title 19 - NATURAL RESOURCES AND WILDLIFE
Chapter 10 - NON-COAL MINING
Part 11 - INSPECTION, ENFORCEMENT AND PENALTIES
Section 19.10.11.1103 - PERMIT SUSPENSION OR REVOCATION
Current through Register Vol. 35, No. 6, March 26, 2024
For purposes of determining the propriety of an order to show cause why a permit should not be suspended or revoked, the following definitions shall apply:
A. Willful violation means an act or omission which violates the Act, 19.10 NMAC, the permit or an order committed by a person who intends the act or omission which occurs.
B. Unwarranted failure to comply means the failure of the permittee to prevent the occurrence of any violation of the Act, 19.10 NMAC, the permit or an order because of indifference, lack of diligence, lack of reasonable care or the failure to abate any violation of the Act, 19.10 NMAC, the permit or an order because of indifference, lack of diligence or lack of reasonable care. Violations by any person conducting mining, exploration or reclamation operations on behalf of the permittee shall be attributed to the permittee.
C. The Director may determine that a pattern of violations exists or has existed, based upon:
