New Mexico Administrative Code
Title 19 - NATURAL RESOURCES AND WILDLIFE
Chapter 8 - COAL MINING
Part 11 - REVIEW, PUBLIC PARTICIPATION, AND APPROVAL OR DISAPPROVAL OF PERMIT APPLICATIONS, TERMS AND CONDITIONS
Section 19.8.11.1110 - IMPROVIDENTLY ISSUED PERMITS: RESCISSION PROCESS

Universal Citation: 19 NM Admin Code 19.8.11.1110

Current through Register Vol. 35, No. 24, December 23, 2024

When the director, according to Paragraph (4) of Subsection E of 19.8.11.1107 NMAC, elects to rescind an improvidently issued permit, the director shall serve on the permittee a notice of suspension and rescission which includes the reasons for the finding of the director under Subsection B of 19.8.11.1107 NMAC and states that:

A. automatic suspension and rescission: after a specified period of time, not to exceed 90 days, the permit automatically will be suspended; the permit shall be rescinded within, but not to exceed, 90 days after such suspension, unless the permittee submits proof, and the director finds, within the 90 day period, consistent with the provisions of 19.8.11.1118 NMAC, that:

(1) the director's findings under Subsection B of 19.8.11.1107 NMAC were erroneous;

(2) the permittee or other person responsible has abated the violation on which the finding was based, or paid the penalty or fee, to the satisfaction of the responsible agency;

(3) the violation, penalty or fee is the subject of good faith appeal, or of an abatement plan or payment schedule with which the permittee or other person responsible is complying to the satisfaction of the responsible agency; or

(4) since the finding was made, the permittee has severed any ownership or control link with the person responsible for, and does not continue to be responsible for, the violation, penalty or fee;

B. cessation of operations: after permit suspension or rescission, the permittee shall cease all surface coal mining and reclamation operations under the permit, except for violation abatement and for reclamation and other environmental protection measures as required by the director.

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