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- Regulations
- 2023 Edition
- Title 20. Environmental Protection
- Chapter 11. Albuquerque-Bernalillo County Air Quality Control Board
- Part 41. Construction Permits
N.M. Code R. § 20.11.41.20 Permit Cancellation, Suspension Or Revocation
Library | New Mexico Administrative Code |
Edition | 2023 |
Currency | Current through Register Vol. 34, No. 24, December 19, 2023 |
Citation | N.M. Code R. § 20.11.41.20 |
Year | 2023 |
A. The department shall cancel any permit for any source that ceases operation for five years or more, or permanently. Reactivation of any source after the five year period shall require a new permit.
B. The department may cancel a permit if the construction or modification is not commenced within two years from the date of issuance or, if during the construction or modification, work is suspended for a total of one year, such cancellation shall be subject to the following procedures:
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(1) at least 30
days before canceling a permit, the department shall notify the permittee by
certified mail of the impending cancellation; upon cancellation, the department
shall notify the permittee by certified mail of the cancellation of the permit
and the reasons therefor; construction, modification and, if required, interim
operation shall cease upon the effective date of cancellation contained in the
notice of cancellation; a permittee who has received notice that a permit is or
will be cancelled may request a hearing before the board; the request must be
made in writing to the board within 30 days after the notice of the
department's action has been received by the permittee; unless a timely request
for hearing is made, the decision of the department shall be final
and
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(2) if a timely request for
hearing is made, the board shall hold a hearing within 60 days after receipt of
the request; the department shall notify the requestor by certified mail of the
date, time and place of the hearing; in the hearing, the burden of proof shall
be upon the...
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