New Mexico Administrative Code
Title 19 - NATURAL RESOURCES AND WILDLIFE
Chapter 10 - NON-COAL MINING
Part 11 - INSPECTION, ENFORCEMENT AND PENALTIES
Section 19.10.11.1108 - ASSESSMENT OF SEPARATE PENALTY FOR EACH DAY
Current through Register Vol. 35, No. 6, March 26, 2024
A. The Director may assess a separate penalty for each day from the date of the violation to the date of abatement of the violation. In determining whether to make such an assessment, the Director shall consider the factors listed in 19.10.11.1106 NMAC and may consider the extent to which the person to whom the notice or order was issued gained any economic benefit as a result of a failure to comply. For any violation which continues for two or more days and which is assigned more than 70 points, the Director shall assess a penalty for a minimum of two separate days.
B. Any penalty assessed shall not exceed $10,000 per day of noncompliance for each violation.
