Current through Register Vol. 35, No. 24, December 23, 2024
A.
Responsibility of the director. The director shall conduct an annual compliance
review of the mining area utilizing the annual report submitted pursuant to
19.8.34.3409 NMAC, an on-site
inspection and any other information available to the director.
B. If the director has reason(s) to believe
that a specific mining area was not exempt under the provisions of this part at
the end of the previous reporting period, is not exempt, or will be unable to
satisfy the exemption criteria at the end of the current reporting period, the
director shall notify the operator that the exemption may be revoked and the
reason(s) therefor. The exemption will be revoked unless the operator
demonstrates to the director within 30 days that the mining area in question
should continue to be exempt.
C.
Director's finding and administrative review.
(1) If the director finds that an operator
has not demonstrated that activities conducted in the mining area qualify for
the exemption, the director shall revoke the exemption and immediately notify
the operator and intervenors. If a decision is made not to revoke an exemption,
the director shall immediately notify the operator and intervenors.
(2) Any adversely affected person may request
administrative review of a decision whether to revoke an exemption within 30
days of the notification of such decision in accordance with procedures
established under
19.8.12.1200 NMAC.
(3) A petition for administrative review
filed under
19.8.12.1200 NMAC shall not
suspend the effect of a decision whether to revoke an exemption.
D. Direct enforcement.
(1) An operator mining in accordance with the
terms of an approved exemption shall not be cited for violations of these
regulations which occurred prior to the revocation of the exemption.
(2) An operator who does not conduct
activities in accordance with the terms of an approved exemption and knows or
should know such activities are not in accordance with the approved exemption
shall be subject to direct enforcement action for violations of these
regulations which occur during the period of such activities.
(3) Upon revocation of an exemption or denial
of an exemption application an operator shall stop conducting surface coal
mining operations until a permit is obtained and shall comply with the
reclamation standards of these regulations with regard to conditions, areas and
activities existing at the time of revocation or denial.
