N.M. Admin. Code § 19.15.34.21 - ENFORCEMENT
A. The operator of
a recycling facility or recycling containment shall comply with all the
requirements of 19.15.34 NMAC.
B. If
the division determines that the registration of a recycling facility or
recycling containment or that operations at a recycling facility or recycling
containment violate the requirements of 19.15.34 NMAC, the division district
office shall notify the operator in writing. If the violation threatens
contamination of fresh water, public health, or the environment, the notice of
violation shall be signed by the director, the operator shall immediately cease
all operations at the recycling facility or containment and the director may
require the operator to remove all fluids, if any, in the recycling facility or
containment by a date determined by the director.
C. The operator shall have 60 days from the
date it is notified of a violation to remove the recycling facility or
recycling containment in accordance with 19.15.34 NMAC unless the violation is
corrected or an agreed compliance order providing for corrective action is
entered with the division. The operator may request an immediate stay of the
division's order as part of an application for review of the notice of
violation filed by the operator.
D.
The provisions of 19.15.4 NMAC applicable to adjudicatory proceedings shall
apply to these enforcement proceedings unless altered or amended by
19.15.5.10 NMAC or 19.15.34
NMAC.
E. The division may enter into
an agreed compliance order prior to or after the filing of an application for
an administrative compliance proceeding. An agreed compliance order shall have
the same force and effect as a compliance order issued after an adjudicatory
hearing.
F. After a notice of
violation that threatens contamination of fresh water, public health, or the
environment is issued, until the operator obtains an agreed compliance order,
performs appropriate corrective action or is granted a stay, the division may
not approve any permits for the operator.
Notes
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