N.M. Admin. Code § 20.9.3.19

Current through Register Vol. 35, No. 17, September 10, 2024

Section 20.9.3.19 - PERMIT DENIAL OR REVOCATION

A. In addition to the causes for denial or revocation listed in Subsections A and B of 74-9-24 of the Solid Waste Act and 20.9.3.18 NMAC, the secretary may deny or revoke a permit during its term for:

(1) a material violation of any term or condition of the permit, any requirement of 20.9.2 - 20.9.10 NMAC, or any requirement of the Solid Waste Act by the owner or operator, after taking into consideration the seriousness of the violation, any good faith efforts to comply with the applicable requirements and other relevant factors;

(2) failure of the applicant in the application or during the permit issuance process to disclose fully all material facts;

(3) misrepresentation by the owner or operator of any material facts at any time;

(4) a determination that the permitted activity endangers public health, welfare or the environment;

(5) failure of the owner or operator to demonstrate the knowledge and ability to operate a facility in accordance with 20.9.2 - 20.9.10 NMAC; and

(6) a history of non-compliance by the owner or operator with environmental regulations or statutes at another facility.

B. A permit shall be revoked in accordance with the procedures set forth in Adjudicatory Procedures - Environment Department, 20.1.5 NMAC. Construction, modification and operation, if any, shall cease upon the effective date of the revocation.

N.M. Admin. Code § 20.9.3.19

20.9.3.19 NMAC - Rp, 20 NMAC 9.1.II.212 NMAC, 08/02/07