N.M. Admin. Code § 19.8.31.3103

Current through Register Vol. 36, No. 1, January 14, 2025

Section 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.

N.M. Admin. Code § 19.8.31.3103

11-29-97; 19.8.31.3103 NMAC - Rn, 19 NMAC 8.2.31.3103, 9-29-2000; A, 08-31-2010