New Mexico Administrative Code
Title 19 - NATURAL RESOURCES AND WILDLIFE
Chapter 8 - COAL MINING
Part 29 - INSPECTIONS
Section 19.8.29.2901 - CITIZEN'S REQUEST FOR INSPECTION

A. A citizen may request an inspection by furnishing a signed written statement or an oral report followed by a signed, written statement giving the director reason to believe that a violation, condition, or practice referred to in Subsection B of 19.8.29.2901 NMAC exists and setting forth a phone number and address where the citizen can be contacted.

B. The director shall immediately conduct an inspection to enforce any requirement of the act, 19.8 NMAC, or any condition of a permit or an exploration approval imposed under the act and 19.8 NMAC when the representative has reason to believe, on the basis of information available to him (other than information resulting from a previous inspection), that there exists a violation of the act, 19.8 NMAC, or any condition of a permit or exploration approval, or that there exists any condition, practice or violation which creates an imminent danger to the health or safety of the public or is causing or can reasonably be expected to cause a significant, imminent environmental harm to land, air or water resources.

C. The identity of any person supplying information to the director relating to a possible violation or imminent danger or harm shall remain confidential with the director if requested by that person, unless that person elects to accompany the inspector on the inspection, or unless disclosure is required under state law.

D. If an inspection is conducted as a result of information provided to the director by a citizen as described in Subsection A of 19.8.29.2901 NMAC, the citizen shall be notified as far in advance as practicable when the inspection is to occur and shall be allowed to accompany the authorized representative of the director during the inspection. Such person has a right of entry to, upon and through the coal exploration or surface coal mining and reclamation operation about which he supplied information, but only if he is in the presence of and is under the control, direction and supervision of the authorized representative while on the mine property. Such right of entry does not include a right to enter buildings without consent of the person in control of the building or without a search warrant.

E. Within 10 days of the inspection or, if there is no inspection, within 15 days of receipt of the citizen's written statement, the director shall send the citizen the following:

F. The director shall give copies of all materials in Paragraphs (1) and (2) of Subsection E of 19.8.29.2901 NMAC within the time limits specified in those paragraphs to the person alleged to be in violation, except that the name of the citizen shall be removed unless disclosure of the citizen's identity is permitted under Subsection C of 19.8.29.2901 NMAC.

G. Nothing in this part shall be construed to create any greater degree of liability upon the operator for the safety of the person or property of a private citizen accompanying the authorized representative of the director than may exist under common law.