New Mexico Administrative Code
Title 20 - ENVIRONMENTAL PROTECTION
Chapter 2 - AIR QUALITY (STATEWIDE)
Part 72 - CONSTRUCTION PERMITS
Section 20.2.72.211 - PERMIT CANCELLATIONS
Universal Citation: 20 NM Admin Code 20.2.72.211
Current through Register Vol. 35, No. 18, September 24, 2024
A. The Department shall automatically cancel any permit for any source which ceases operation for five years or more, or permanently. Reactivation of any source after the five year period shall require a new permit.
B. The Department may cancel a permit if the construction or modification is not commenced within two years from the date of issuance or, if during the construction or modification, work is suspended for a total of one year, such cancellation shall be subject to the following procedures:
(1) At least thirty days prior to
the cancellation of a permit, the Department shall notify the permittee by
certified mail of the impending cancellation. The Department shall notify the
permittee by certified mail of the cancellation of his permit and the reasons
therefor. Construction, modification and, if required, interim operation shall
cease upon the effective date of cancellation contained in the notice of
cancellation. A permittee who has received notice that a permit is or will be
cancelled may request a hearing before the board. The request must be made in
writing to the board within thirty days after notice of the Department's action
has been received by the permittee. Unless a timely request for hearing is
made, the decision of the Department shall be final; and
(2) If a timely request for hearing is made,
the board shall hold a hearing within thirty days after receipt of the request.
The Department shall notify the permittee by certified mail of the date, time
and place of the hearing. In the hearing the burden of proof shall be upon the
permittee. The board may designate a hearing officer to take evidence in the
hearing. Based upon the evidence presented at the hearing, the board shall
sustain, modify or reverse the action of the Department.
Disclaimer: These regulations may not be the most recent version. New Mexico may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
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