N.M. Admin. Code § 20.1.5.7
Current through Register Vol. 35, No. 21, November 5, 2024
Section 20.1.5.7 - DEFINITIONSA. GENERAL. As used in this Part: (1) "Act" means, as the context requires: (a) the Department of Environment Act, NMSA 1978, Chapter 9, Article 7A, and its subsequent amendments and successor provisions;(b) the Air Quality Control Act, NMSA 1978, Chapter 74, Article 2, and its subsequent amendments and successor provisions;(c) the Hazardous Waste Act, NMSA 1978, Chapter 74, Article 4, and its subsequent amendments and successor provisions;(d) the Solid Waste Act, NMSA 1978, Chapter 74, Article 9, and its subsequent amendments and successor provisions;(e) the Ground Water Protection Act, NMSA 1978, Chapter 74, Article 6B, and its subsequent amendments and successor provisions;(f) the Tire Recycling Act, NMSA 1978, Chapter 74, Article 11, and its subsequent amendments and successor provisions; or(g) any other statute enacted or amended by the Legislature and including authority for issuance of compliance orders or field citations by the Division or the Secretary or any other adjudicatory proceedings as consistent with law;(2) "Board" means the Environmental Improvement Board;(3) "Complainant" means the Division that issues Compliance Orders, or the party requesting a hearing on a Compliance Determination;(4) "Compliance Determination" means a decision by the Division listed in the Corrective Action Fund Payment and Reimbursement, 20 NMAC 5.17; [20.5.17 NMAC](5) "Compliance Order" means a written administrative order or any field citation issued by the Division;(6) "Department" means the New Mexico Environment Department or it successor agency under the Act;(7) "Division" means the appropriate Division within the Environment Department;(8) "document" means, except as otherwise used in Subpart III, any pleading, motion, response, memorandum, decision, order, or other written material filed or served in a proceeding under this Part, but does not include a cover letter accompanying a document transmitted for filing;(9) "final order" means an order issued by the Secretary that is dispositive of the matter;(10) "Hearing Clerk" means the person designated by the Secretary to maintain the official record of the proceeding;(11) "Hearing Officer" means the person appointed by the Secretary to conduct a proceeding under this Part;(12) "Notice of Contemplated Action" means a notice issued by the Secretary under NMSA 1978, Section 61-1-4 of the ULA;(13) "party" means the Complainant, the Division, Respondent, any person who is entitled and who timely requests to be heard under the ULA, or any person who is permitted to intervene in the hearing pursuant to SCRA 1986, 1-024;(14) "Petition" means a Petition for revocation or suspension of a permit;(15) "Petitioner" means the Department when the Petition is for revocation or suspension of a permit;(16) "Record Proper" means all documents filed by or with the Hearing Clerk during the proceeding and includes the written transcript or tape of the hearing and all exhibits offered into evidence at the hearing, whether or not admitted;(17) "Regulations" means any rule promulgated and adopted pursuant to the Act;(18) "Request for Hearing" means a written appeal for review of a decision or Compliance Order issued by Division;(19) "Respondent" means any person to whom a Compliance Order has been issued; or the Division in the case of a Compliance Determination under the Ground Water Protection Act; and(20) "Secretary" means the Secretary of Environment, or any person who assumes the role of Secretary for purposes of this Part in the event of the Secretary's disqualification.B. Terms Used in Act or Regulations: Terms defined in the Act or Regulations and not defined in this Part are used consistent with the meanings given in the Act or Regulations.N.M. Admin. Code § 20.1.5.7
11/15/95, 11/30/95; 20.1.5.7 NMAC - Rn, 20 NMAC 1.5.I.111, Recompiled 11/27/01