N.M. Admin. Code § 20.2.90.109

Current through Register Vol. 35, No. 21, November 5, 2024

Section 20.2.90.109 - REQUIREMENTS

For the purposes of this part, the following requirements shall apply to the issuance of, and response to, a field citation.

A. A person who is issued a field citation pursuant to this part shall have the period specified from the date of service of the field citation in which to achieve compliance. Within five (5) working days of achieving compliance, the person who received the field citation shall sign the citation, stating that the person has complied with the citation and return it to the department address provided in the citation. A false statement that compliance has been achieved shall constitute a violation of this part.

B. The department may require a person subject to a field citation to submit reasonable and necessary information to support a claim of compliance.

C. Nothing in this part shall be construed as preventing the re-inspection of a source or facility to ensure that the minor violation(s) cited in the field citation has been corrected.

D. Notwithstanding any other provision of this part, if a person fails to comply with a field citation within the prescribed period, or if the department determines that the circumstances surrounding a particular minor violation are such that immediate enforcement is warranted to prevent harm to any person(s) or to the environment, the department may take any enforcement action authorized by law.

E. If a person wishes to request a hearing on the alleged minor violation(s) cited or penalty assessed in the field citation, the person may file a hearing request as prescribed in 20.2.90.110 NMAC.

F. If a person does not file a hearing request, that person shall pay the penalty assessed in the field citation within thirty (30) calendar days of service of the field citation.

G. Payment of a penalty assessed in a field citation issued pursuant to this part shall not be a defense to further enforcement by the department to correct a violation cited in the field citation or to assess the maximum statutory penalty pursuant to the Air Quality Control Act if the violation continues.

H. Any person who fails to comply with the compliance requirements of a field citation by the date specified or who fails to pay a penalty assessed within thirty (30) calendar days of service of the field citation may be subject to further enforcement action pursuant to the Air Quality Control Act.

I. The department may issue a warning, without penalty, as a field citation for the first offense.

N.M. Admin. Code § 20.2.90.109

20.2.90.109 NMAC - N, 12/12/08