N.M. Admin. Code § 20.9.20.21
Current through Register Vol. 35, No. 21, November 5, 2024
Section 20.9.20.21 - PERMIT DENIAL, SUSPENSION OR REVOCATIONA. In addition to the causes for suspension or revocation listed in Subsection B of 74-13-13 NMSA 1978, the secretary may deny, suspend or revoke a permit during its term for: (1) violation by the owner or operator of any term or condition of the permit, any requirement of the act, these rules or any subsequent rule adopted by the department;(2) failure of the applicant in the application or during the permit issuance process to disclose fully all relevant facts;(3) misrepresentation by the owner or operator of any relevant facts at any time;(4) a determination that the permitted activity endangers public health, welfare or the environment;(5) failure of the owner or operator to demonstrate the knowledge and ability to operate a facility in accordance with this part;(6) a history of non-compliance by the owner or operator with environmental regulations, rules or statutes at another facility;(7) having any permit revoked or permanently suspended for cause under the environmental laws of any state or the United States;(8) modifying a facility without the approval of the secretary; or(9) failure to respond to a request for additional information within sixty (60) days of notification.B. A permit may be revoked in accordance with the procedures set forth in Adjudicatory Procedures - Environment Department, 20.1.5 NMAC. Construction, modification and interim operation, if any, shall cease upon the effective date of the revocation.C. Once a permit or permit modification is issued and all appeals are final, operations or construction shall begin within one year. If operation or construction does not begin within one year, the secretary may revoke the permit, but in no event shall it be revoked pursuant to this subsection sooner than one year after the effective date of these regulations.N.M. Admin. Code § 20.9.20.21
20.9.20.21 NMAC - Rp, 20.9.2.212 NMAC, 8/2/2007