If the director determines that an immediate danger to public health and safety exists due to the lack of or ineffective safeguarding of mine surface openings, the director may take appropriate actions necessary to effectively safeguard the mine and recover reasonable costs for such work from the owner of the mine through negotiation or, if necessary, by the filing of a civil suit in district court in the county where the emergency action occurred. The director's actions are discretionary and are subject to financial limitations.
N.M. Admin. Code § 19.7.2.12