1. A. The operator of a recycling facility or recycling containment shall comply with all the requirements of 19.15.34 NMAC.
2. B. If the division determines that the registration of a recycling facility or recycling containment or that operations at a recycling facility or recycling containment violate the requirements of 19.15.34 NMAC, the division district office shall notify the operator in writing. If the violation threatens contamination of fresh water, public health, or the environment, the notice of violation shall be signed by the director, the operator shall immediately cease all operations at the recycling facility or containment and the director may require the operator to remove all fluids, if any, in the recycling facility or containment by a date determined by the director.
3. C. The operator shall have 60 days from the date it is notified of a violation to remove the recycling facility or recycling containment in accordance with 19.15.34 NMAC unless the violation is corrected or an agreed compliance order providing for corrective action is entered with the division. The operator may request an immediate stay of the division’s order as part of an application for review of the notice of violation filed by the operator.
4. D. The provisions of 19.15.4 NMAC applicable to adjudicatory proceedings shall apply to these enforcement proceedings unless altered or amended by 19.15.5.10 NMAC or 19.15.34 NMAC.
5. E. The division may enter into an agreed compliance order prior to or after the filing of an application for an administrative compliance proceeding. An agreed compliance order shall have the same force and effect as a compliance order issued after an adjudicatory hearing.

6. F. After a notice of violation that threatens contamination of fresh water, public health, or the environment is issued, until the operator obtains an agreed compliance order, performs appropriate corrective action or is granted a stay, the division may not approve any permits for the operator.

   HISTORY of 19.15.34 NMAC:

   History of Repealed Material: 19.15.2 NMAC, General Operating Practices, Wastes Arising from Exploration and Production (filed 04/21/2004) repealed 12/1/2008.

   19.15.34 NMAC, Produced Water (filed 11/17/2008) repealed 3/31/2015.

   NMAC History:

   Those applicable portions of 19.15.2 NMAC, General Operating Practices, Wastes Arising from Exploration and Production (Sections 51 and 52) (filed 01/24/2007) were replaced by 19.15.34 NMAC, Produced Water, effective 12/1/2008.

   19.15.34 NMAC, Produced Water (filed 11/17/2008) was repealed and replaced by 19.15.34 NMAC, Produced Water, Drilling Fluids and Liquid Oil Field Waste, effective 3/31/2015.

[19.15.34.21 NMAC - N, 3/31/2015]