B. The Director shall release the owner or operator from further requirements of the Act and 19.10 NMAC if, after an inspection of the reclaimed areas, he determines that the reclamation measures satisfy the requirements of the Act and the substantive requirements for reclamation pursuant to 19.10 NMAC. The Director shall make the determination as soon as practicable, but not later than September 30, 1995. If the Director determines the reclamation measures do not satisfy the requirements of the Act and the substantive requirements for reclamation pursuant to 19.10 NMAC then, unless previously submitted, a permit application and closeout plan shall be submitted within 6 months after the owner or operator receives notice of the determination.

[7-12-94, 2-15-96; 19.10.5.511 NMAC - Rn, 19 NMAC 10.2.5.510, 05-15-2001]

History of 19.10.5 NMAC:

Pre-NMAC History: Material in this part was derived from that previously filed with the commission of public records - state records center and archives as:

Rule 5, Existing Mining Operations, filed 07-12-94.

History of Repealed Material: [Reserved]

Other History:

Rule 5, Existing Mining Operations, filed 07-12-94, renumbered and reformatted as Subpart 5 of 19 NMAC 10.2, New Mexico Mining Act Implementation, filed 01-31-96.

19 NMAC 10.2, Subpart 5, Existing Mining Operations, filed 01-31-96 was renumbered and reformatted to 19.10.5 NMAC, effective 05-15-2001.