N.M. Admin. Code § 19.8.29.2901 - CITIZEN'S REQUEST FOR INSPECTION
A. A citizen may request an inspection by
furnishing a signed written statement or an oral report followed by a signed,
written statement giving the director reason to believe that a violation,
condition, or practice referred to in Subsection B of
19.8.29.2901 NMAC exists and
setting forth a phone number and address where the citizen can be
contacted.
B. The director shall
immediately conduct an inspection to enforce any requirement of the act, 19.8
NMAC, or any condition of a permit or an exploration approval imposed under the
act and 19.8 NMAC when the representative has reason to believe, on the basis
of information available to him (other than information resulting from a
previous inspection), that there exists a violation of the act, 19.8 NMAC, or
any condition of a permit or exploration approval, or that there exists any
condition, practice or violation which creates an imminent danger to the health
or safety of the public or is causing or can reasonably be expected to cause a
significant, imminent environmental harm to land, air or water
resources.
C. The identity of any
person supplying information to the director relating to a possible violation
or imminent danger or harm shall remain confidential with the director if
requested by that person, unless that person elects to accompany the inspector
on the inspection, or unless disclosure is required under state law.
D. If an inspection is conducted as a result
of information provided to the director by a citizen as described in Subsection
A of 19.8.29.2901 NMAC, the citizen
shall be notified as far in advance as practicable when the inspection is to
occur and shall be allowed to accompany the authorized representative of the
director during the inspection. Such person has a right of entry to, upon and
through the coal exploration or surface coal mining and reclamation operation
about which he supplied information, but only if he is in the presence of and
is under the control, direction and supervision of the authorized
representative while on the mine property. Such right of entry does not include
a right to enter buildings without consent of the person in control of the
building or without a search warrant.
E. Within 10 days of the inspection or, if
there is no inspection, within 15 days of receipt of the citizen's written
statement, the director shall send the citizen the following:
(1) if an inspection was made, a description
of the enforcement action taken, which may consist of copies of the inspection
report and all notices of violation and cessation orders issued as a result of
the inspection or an explanation of why no enforcement action was
taken;
(2) if no inspection was
conducted, an explanation of the reason why; and
(3) an explanation of the citizen's right, if
any, to informal review of the action or inaction of the director under
19.8.29.2903 NMAC.
F. The director shall give copies
of all materials in Paragraphs (1) and (2) of Subsection E of
19.8.29.2901 NMAC within the time
limits specified in those paragraphs to the person alleged to be in violation,
except that the name of the citizen shall be removed unless disclosure of the
citizen's identity is permitted under Subsection C of
19.8.29.2901 NMAC.
G. Nothing in this part shall be construed to
create any greater degree of liability upon the operator for the safety of the
person or property of a private citizen accompanying the authorized
representative of the director than may exist under common
law.
Notes
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