N.M. Code R. § 20.11.20.27 Enforcement

• Library: New Mexico Administrative Code
• Edition: 2023
• Currency: Current through Register Vol. 34, No. 24, December 19, 2023
• Citation: N.M. Code R. § 20.11.20.27
• Year: 2023

A. All persons shall use control measures that are effective in maintaining compliance with 20.11.20 NMAC. Violation of a fugitive dust control permit or fugitive dust control plan approved by the department is a violation of 20.11.20 NMAC. If a violation occurs or is occurring, the department may issue a verbal warning, issue a written warning, initiate an administrative enforcement action and assess an administrative civil penalty, and take all other actions authorized by law and equity, including issuing a stop work order as authorized by 20.11.20.27 NMAC.

B. If the department determines a person has violated or is violating a requirement or prohibition of 20.11.20 NMAC, the department may initiate an administrative enforcement action and assess an administrative civil penalty for a past or current violation, or both, as authorized by 74Enforcement; compliance orders; field citations74-2-12.A.(1) NMSA. As also authorized by 74Enforcement; compliance orders; field citations74-2-12.A.(2) NMSA and 74Civil penalty; representation of department or local authority; limitation of actions74-2-12.1 NMSA, the department may commence a civil action in New Mexico district court for appropriate relief, including a temporary or permanent injunction. In addition, as authorized by 74Criminal penalties74-2-14 NMSA, the department also may commence or cause a criminal action to be commenced.

C. As authorized by 74Enforcement; compliance orders; field citations74-2-12.H NMSA, in connection with an administrative enforcement action, the director may issue subpoenas for attendance and testimony of witnesses and the production of relevant papers, books and documents and may adopt rules for discovery procedures.

D. If a person (requestor) asks the department for an informal review meeting to consider the department's decision regarding an administrative compliance order in the manner provided by 20.11.20.27 NMAC, the process shall not extend the 30-day deadline for submitting a written request to the department director requesting a public hearing as provided by 74Enforcement; compliance orders; field citations74-2-12.C NMSA. If a person receives an administrative compliance order from the department, that person ("requestor") may request an informal review meeting to discuss the administrative compliance order. The request...