N.M. Code R. § 19.8.14.1415 – Termination of Regulatory Jurisdiction

A. The director may terminate regulatory jurisdiction over a reclaimed surface coal mining and reclamation operation, or increment thereof, upon a written finding pursuant to Paragraph (3) of Subsection C of 19.8.14.1412 NMAC that all reclamation requirements imposed on the permittee have been successfully completed or the performance bond has been released.
B. The director shall reassert jurisdiction over a site if it is demonstrated that either the bond release or the written finding for termination of jurisdiction are based upon fraud, collusion, or misrepresentation of a material fact.
[NMAC 8.2.14.1415 - N, 1-15-2002]
HISTORY OF 19.8.14 NMAC:
Pre-NMAC History:
The material in Part 14 was derived from that previously filed with the State Records Center and Archives under:
SB 73-1 Regulations of the State of New Mexico Coal Surfacemining Commission, filed 1-10-73 and its amendment filed 8-4-76
SB 78-1 (Rule 78-1) Regulations of the State of New Mexico Coal Surfacemining Commission, filed 8-31-78
SB 79-1 (Rule 79-1) New Mexico Coal Surfacemining Regulations, filed 7-11-79
CSMC Rule 80-1 (Rule 80-1) Surface Coal Mining Regulations, filed 9-24-80; and all amendments to CSMC Rule 80-1, filed 7-29-82, 11-10-83, 3-5-84, 7-19-84, filed 8-6-84, 8-23-84, 3-28-89, 6-15-90, 9-18-90, 2-15-91, 5-8-91, 8-26-91, 10-4-91, 7-28-92, 1-25-93, 11-1-94, 3-10-95, 4-12-95, 12-21-95.
Other History:
Renumbered and reformatted CSMC Rule 80-1, Surface Coal Mining Regulations, filed 9-24-80 to 19 NMAC 8.2 Coal Surface Mining, Filed 11-13-97.
Renumbered 19 NMAC 8.2 Subpart 14 General Requirements for Bonding of Surface Coal Mining and Reclamation Operations, filed 11-13-97, to 19.8.14 NMAC General Requirements for Bonding of Surface Coal Mining and Reclamation Operations, effective 09-29-2000.