New Mexico Administrative Code
Title 19 - NATURAL RESOURCES AND WILDLIFE
Chapter 6 - MINE SAFETY
Part 2 - EMERGENCY NOTIFICATION
Section 19.6.2.11 - FAILURE TO PROVIDE TIMELY NOTICE
Current through Register Vol. 35, No. 18, September 24, 2024
A. The state mine inspector shall impose a civil penalty of up to one hundred thousand dollars ($100,000) on the operator of a mine if it is determined that the operator failed to give immediate notice as required in 19.6.2.10 NMAC. The inspector may waive imposition of the civil penalty at any time if the inspector finds that the failure to give immediate notice was caused by circumstances outside the control of the operator.
B. In determining the amount of the penalty, the inspector shall consider all relevant factors including whether notice was provided at all to the inspector or, if notice was provided, the lateness of such notice and the seriousness of the accident. The inspector shall utilize the penalty structure approved by the mining safety board.
Annual tonnage of coal mine failing to provide timely notice |
Penalty points |
0 to 15,000 |
0 |
Over 15,000 to 30,000 |
1 |
Over 30,000 to 50,000 |
2 |
Over 50,000 to 100,000 |
3 |
Over 100,000 to 200,000 |
4 |
Over 200,000 to 300,000 |
5 |
Over 300,000 to 500,000 |
6 |
Over 500,000 to 800,000 |
7 |
Over 800,000 to 1.1 million |
8 |
Over 1.1 million to 2 million |
9 |
Over 2 million |
10 |
Annual tonnage of coal produced in New Mexico of controlling entity |
Penalty points |
0 to 100,000 |
0 |
Over 100,000 to 700,000 |
1 |
Over 700,000 to 1.5 million |
2 |
Over 1.5 million to 5 million |
3 |
Over 5 million to 10 million |
4 |
Over 10 million |
5 |
Annual hours worked at a M/NM mine failing to provide timely notice |
Penalty points |
0 to 10,000 |
0 |
Over 10,000 to 20,000 |
1 |
Over 20,000 to 30,000 |
2 |
Over 30,000 to 60,000 |
3 |
Over 60,000 to 100,000 |
4 |
Over 100,000 to 200,000 |
5 |
Over 200,000 to 300,000 |
6 |
Over 300,000 to 500,000 |
7 |
Over 500,000 to 700,000 |
8 |
Over 700,000 to 1 million |
9 |
Over 1 million |
10 |
Annual hours worked in New Mexico by controlling entity of a M/NM mine |
Penalty points |
0 to 60,000 |
0 |
Over 60,000 to 400,000 |
1 |
Over 400,000 to 900,000 |
2 |
Over 900,000 to 3 million |
3 |
Over 3 million to 6 million |
4 |
Over 6 million |
5 |
Negligence |
||
Categories |
Penalty points |
|
Persons endangered |
No endangerment |
|
Low negligence - The operator failed to report the accident within the required 30 minutes but did report within one hour. |
10 |
5 |
Moderate negligence - The operator failed to report the accident for more than one hour and less than four hours. |
15 |
7 |
High negligence - The operator failed to report the accident for more four hours and less than 12 hours. |
20 |
10 |
Reckless disregard - The operator failed to report the accident for greater than 12 hours, or the operator was previously fined for failure to report an accident within one year of the occurrence. |
25 |
12 |
Type of accident (as prescribed in Subsection A of 69-8-2 NMSA 1978. There could be more than one category where the penalty points are accrued i.e., a fire at a mine that burns for more than 30 minutes and results in a fatality, would equal 40 penalty points. |
Penalty points |
|
Persons endangered |
No endangerment |
|
Fatality |
25 |
N/A |
An injury at a mine that has a reasonable potential to cause death |
20 |
N/A |
An entrapment of an individual that has a reasonable potential to cause death |
10 |
N/A |
An unplanned inundation of a mine by a liquid or gas |
10 |
5 |
An unplanned ignition or explosion of gas or dust |
15 |
5 |
An unplanned mine fire not extinguished within 10 minutes of discovery in an underground mine or 30 minutes at a surface facility of an underground mine |
15 |
7 |
An unplanned ignition or explosion of blasting agent or explosive |
20 |
10 |
An unplanned roof fall at or above the anchorage zone in active workings where roof bolts are in use; or, an unplanned roof or rib fall in active workings that impairs ventilation or impedes passage. |
10 |
N/A |
A coal or rock outburst that causes withdrawal of miners or which disrupts regular mining activity for more than one hour. |
15 |
N/A |
An unstable condition at an impoundment, refuse pile, or culm bank which requires emergency action in order to prevent failure, or which causes individuals to evacuate an area; or, failure of an impoundment, refuse pile, or culm bank. |
10 |
N/A |
Damage to hoisting equipment in a shaft or slope which endangers an individual. |
10 |
N/A |
An event at a mine that causes death or bodily injury to an individual not at the mine at the time the event occurs |
20 |
N/A |
Penalty conversion table |
|
Penalty points |
Penalty |
0 to 15 points |
$5,000 |
16 to 25 points |
$10,000 |
26 to 35 points |
$20,000 |
36 to 45 points |
$50,000 |
46 to 55 points |
$65,000 |
56 to 65 points |
$85,000 |
66 to 70 points |
$95,000 |
71 or more points |
$100,000 |
C. If the state mine inspector determines that notice was not timely provided, the inspector shall within 90 days after notification of an accident or, if notice was not provided to the inspector, after ascertaining that an accident did occur at a mine, mail a notice of violation with a proposed penalty to the operator.
D. In determining whether to adjust or waive imposition of the penalty, the inspector may consider factors such as, but not limited to:
E. The operator may appeal the inspector's final order to the board pursuant to these rules.