N.M. Admin. Code § 19.8.5.502

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

Section 19.8.5.502 - CONTINUED OPERATION UNDER FEDERAL PROGRAM PERMITS

A permit issued by the office of surface mining and reclamation pursuant to a federal program for a state shall be valid under any superseding state program approved by the secretary of the U.S. department of interior.

A. The federal permittee shall have the rights to apply to the state director for a state permit to supersede the federal permit.

B. The director may review a permit issued pursuant to the superseded federal program, to determine that the requirements of the act and 19.8 NMAC Parts 1-35 are not violated by the federal permit.

C. To the extent that the approved state program contains additional requirements not contained in the federal program for the state, the director shall:

(1) promptly issue an order requiring the permittee to comply with such additional requirements within 60 days of the issuance of the order, unless the permittee demonstrates to the director that it is physically impossible to meet those additional requirements within 60 days, or unless the director agrees to a longer period under an established time schedule; and

(2) notify the permittee, in writing, of the right to a hearing with respect to the order in the manner and time provided for in the act and 19.8 NMAC Parts 1-35.

N.M. Admin. Code § 19.8.5.502

11-29-97; 19.8.5.502 NMAC - Rn 19 NMAC 8.2.5.502, 9-29-2000; A, 1-15-2002