N.M. Admin. Code § 20.5.105.518

Current through Register Vol. 35, No. 23, December 10, 2024

Section 20.5.105.518 - INVESTIGATIONS, ENFORCEMENT, PENALTIES

A. The department may undertake such investigations and take such actions as it deems necessary to ensure compliance with the provisions of this part, including the issuance of compliance orders and the commencement of civil actions under the provisions of the Hazardous Waste Act, Sections 74-4-1 through 74-4-14 NMSA 1978. The department may also initiate proceedings to revoke certification of an individual certified under Subsection C of Section 74-4-4.4 NMSA 1978 and 20.5.114 NMAC. The department may revoke certification upon grounds that the certified individual:

(1) exercised fraud, misrepresentation or deception in obtaining the certification;

(2) exhibited gross incompetence in the installation, replacement, repair, modification or removal of a storage tank system; or

(3) was derelict in the performance of a duty as a certified installer or junior installer, as required in the applicable sections of this part (including repeated failure to provide notice of releases or of the installation, replacement, repair, modification or removal of storage tank systems as required in the applicable sections of this part).

B. Persons violating the provisions of this part may be subject to the imposition of penalties under the Hazardous Waste Act.

N.M. Admin. Code § 20.5.105.518

Adopted by New Mexico Register, Volume XXIX, Issue 14, July 24, 2018, eff. 7/24/2018