N.M. Admin. Code § 19.8.31.3110

Current through Register Vol. 36, No. 1, January 14, 2025

Section 19.8.31.3110 - AMOUNT OF INDIVIDUAL CIVIL PENALTY

A. In determining the amount of an individual civil penalty assessed under 19.8.31.3109 NMAC, the director shall consider the criteria specified in Section 69-25A-22 NMSA 1978, including:

(1) the individual's history of authorizing, ordering or carrying out previous violations, failures or refusals at the particular surface coal mining operations;

(2) the seriousness of the violation, failure or refusal (as indicated by the extent the environment and any hazard to the health or safety of the public; and

(3) the demonstrated good faith of the individual charged in attempting to achieve rapid compliance after notice of the violation, failure or refusal.

B. The penalty shall not exceed $5,000 for each violation. Each day of a continuing violation may be deemed a separate violation and the director may assess a separate individual civil penalty for each day the violation, failure or refusal continues, from the date of service of the underlying notice of violation, cessation order or other order incorporated in a final decision issued by the director until abatement or compliance is achieved.

N.M. Admin. Code § 19.8.31.3110

11-29-97; 19.8.31.3110 NMAC - Rn, 19 NMAC 8.2.31.3110, 9-29-2000; A, 12-31-2007