N.M. Admin. Code § 19.2.23.11
Current through Register Vol. 35, No. 23, December 10, 2024
Section 19.2.23.11 - COST RECOVERYA. For any expenditure made from the restoration and remediation fund, the commissioner shall attempt to recover the project costs from any person or entity that may bear liability for that project under any lease, easement, or other agreement with the state land office, or by statute, including the Voluntary Remediation Act (Chapter 74, Article 4G NMSA 1978), the New Mexico Mining Act (Chapter 69 Article 36 NMSA 1978), the Surface Mining Act (Chapter 69, Article 25A NMSA 1978), the Oil and Gas Act, (Chapter 70, Article 2 NMSA 1978), the Water Quality Act (Chapter 74, Article 6 NMSA 1978), the Solid Waste Act (Chapter 74, Article 9, Sections 1-42, 72-73 NMSA 1978), or the Hazardous Waste Act (Chapter 74, Article 4 NMSA 1978).B. Prior to making an expenditure from the restoration and remediation fund for which the commissioner will seek to recover project costs, the commissioner shall send written notice notifying the person or entity, if known, that the commissioner may initiate an action to recover project costs. Notwithstanding the foregoing, lack of written notice does not waive the commissioner's right to recover project costs from any person or entity that may bear liability for the project.N.M. Admin. Code § 19.2.23.11
Adopted by New Mexico Register, Volume XXVIII, Issue 20, October 31, 2017, eff. 10/31/2017