N.M. Admin. Code § 19.10.6.607 - PERMIT TERM

A. The permittee shall maintain a permit until financial assurance is released under 19.10.12 NMAC.

B. The term of a permit shall not exceed 20 years. The term of renewals of a permit shall not exceed 10 years.

C. For any permits issued for more than five years, the Director shall review these permits at least every five years to determine compliance with the Act and 19.10 NMAC and to determine if the conditions are accurately reflected in the approved permit.

(1) In determining the frequency of review, the Director shall consider, among other factors:

(a) the current level of activity at the operation;

(b) the compliance history of the operation;

(c) complaints received about the operation;

(d) the effect amendments to the Act and 19.10 NMAC may have on the operation; and

(e) the status of other environmental permits and compliance thereunder.

(2) After this review, the Director shall notify the permittee of any required modifications or revisions of the permit necessary to ensure compliance with the Act and 19.10 NMAC.

(3) If an approvable application for the required modification or revision has not been made within 90 days of the date of initial notification, the Director may order the cessation of the mining operation.

D. A permit shall be reviewed and may be required to be modified or revised for any of the following:

(1) additional applicable requirements under the Act or 19.10 NMAC; or

(2) the Director determines that the permit contains a material mistake or that inaccurate statements were made in establishing the terms or conditions of the permit.

E. The Director shall periodically review the amount of financial assurance filed with the Director under 19.10.12 NMAC. The Director may require adjustments to the amount of financial assurance to reflect inflationary increases or increases in the anticipated costs of reclamation.

F. If the permit area contains property owned by the federal or state government, the expiration or termination of the government's authorization for the permittee to conduct mining operations on the property automatically suspends the permittee's authority to continue mining operations on the property, although not necessarily reclamation operations, by the permit issued under 19.10 NMAC.

Notes

N.M. Admin. Code § 19.10.6.607

7-12-94, 2-15-96; 19.10.6.607 NMAC - Rn, 19 NMAC 10.2.6.607, 05-15-2001