N.M. Code R. § 19.8.34.3408 – Revocation and Enforcement

A. Responsibility of the director. The director shall conduct an annual compliance review of the mining area utilizing the annual report submitted pursuant to 19.8.34.3409 NMAC, an on-site inspection and any other information available to the director.
B. If the director has reason(s) to believe that a specific mining area was not exempt under the provisions of this part at the end of the previous reporting period, is not exempt, or will be unable to satisfy the exemption criteria at the end of the current reporting period, the director shall notify the operator that the exemption may be revoked and the reason(s) therefor. The exemption will be revoked unless the operator demonstrates to the director within 30 days that the mining area in question should continue to be exempt.
C. Director's finding and administrative review.
(1) If the director finds that an operator has not demonstrated that activities conducted in the mining area qualify for the exemption, the director shall revoke the exemption and immediately notify the operator and intervenors. If a decision is made not to revoke an exemption, the director shall immediately notify the operator and intervenors.
(2) Any adversely affected person may request administrative review of a decision whether to revoke an exemption within 30 days of the notification of such decision in accordance with procedures established under 19.8.12.1200 NMAC.
(3) A petition for administrative review filed under 19.8.12.1200 NMAC shall not suspend the effect of a decision whether to revoke an exemption.
D. Direct enforcement.
(1) An operator mining in accordance with the terms of an approved exemption shall not be cited for violations of these regulations which occurred prior to the revocation of the exemption.
(2) An operator who does not conduct activities in accordance with the terms of an approved exemption and knows or should know such activities are not in accordance with the approved exemption shall be subject to direct enforcement action for violations of these regulations which occur during the period of such activities.
(3) Upon revocation of an exemption or denial of an exemption application an operator shall stop conducting surface coal mining operations until a permit is obtained and shall comply with the reclamation standards of these regulations with regard to conditions, areas and activities existing at the time of revocation or denial.
[11-29-97; 19.8.34.3408 NMAC - Rn, 19 NMAC 8.2.34.3408, 9-29-2000; A, 12-31-2007; A, 08-31-2010]