For purposes of determining the propriety of an order to show cause why a permit should not be suspended or revoked, the following definitions shall apply:

1. A. Willful violation means an act or omission which violates the Act, 19.10 NMAC, the permit or an order committed by a person who intends the act or omission which occurs.
2. B. Unwarranted failure to comply means the failure of the permittee to prevent the occurrence of any violation of the Act, 19.10 NMAC, the permit or an order because of indifference, lack of diligence, lack of reasonable care or the failure to abate any violation of the Act, 19.10 NMAC, the permit or an order because of indifference, lack of diligence or lack of reasonable care. Violations by any person conducting mining, exploration or reclamation operations on behalf of the permittee shall be attributed to the permittee.

3. C. The Director may determine that a pattern of violations exists or has existed, based upon:

   (1) the number and seriousness of violations cited on more than one occasion of the same or related requirements of the Act, 19.10 NMAC, the permit or an order;

   (2) the number and seriousness of violations cited on more than one occasion of different requirements of the Act, 19.10 NMAC, the permit or an order; and

   (3) the extent to which the violations are isolated departures from lawful conduct.

   [7-12-94, 2-15-96; 19.10.11.1103 NMAC – Rn, 19 NMAC 10.2.11.1103, 05-15-2001]