N.M. Admin. Code § 19.8.31.3103 - ASSESSMENT OF SEPARATE VIOLATION FOR EACH DAY
A. The director may assess separately a civil
penalty for each day from the date of issuance of the notice of violation or
cessation order to the date set for abatement of the violation. In determining
whether to make such an assessment, the director shall consider the factors
listed in 19.8.31.3101 NMAC and may consider
the extent to which the person to whom the notice or order was issued gained
any economic benefit as a result of a failure to comply. For any violation
which continues for two or more days and which is assigned more than 70 points,
the director shall assess a civil penalty for a minimum of two separate
days.
B. Whenever a violation
contained in a notice of violation or cessation order has not been abated
within the abatement period set in the notice or order, a civil penalty of not
less than $750 shall be assessed for each day, not exceeding thirty (30) days
for each such violation, during which such failure continues, except that, if
the person to whom the notice or order was issued initiates review proceedings
with respect to the violation, the abatement period shall be extended as
follows:
(1) if suspension of the abatement
requirements of the notice or order is ordered in a temporary relief proceeding
under Subsection D of 69-25A-29 NMSA 1978 of the act, after a determination
that the person to whom the notice or order was issued will suffer irreparable
loss or damage from the application of the requirements, the period permitted
for abatement shall not end until the date on which the director issues a final
order with respect to the violation in question; and
(2) if the person to whom the notice or order
was issued initiated review proceedings under Section
69-25A-30 NMSA 1978 of the act
with respect to the violation, in which the obligations to abate are suspended
by the court pursuant to Subsection B of Section
69-25A-30 NMSA 1978 of the act,
the daily assessment of a penalty shall not be made for any period before entry
of a final order by the court not subject to appeal.
Notes
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