N.M. Admin. Code § 21.17.31.9

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

Section 21.17.31.9 - DISPOSITION OF VIOLATORS

A. Any cotton field within the regulated area found not in compliance of the plowdown requirements will be in violation of the Pest Control Act, Section 76-6-6 NMSA 1978. The department will take emergency action as necessary to prevent and retard the spread of the pink bollworm in accordance with the provision of the Pest Control Act and shall:

(1) immediately give a written notice to any farm owner and to the operator in charge of the field that is in violation of Section 8, instructing the owner and the operator to plowdown cotton plants within five calendar days after the date written notice is issued;

(2) post for a period of three consecutive days a copy of the notice on or in the immediate vicinity of the field in violation, if either the owner or operator cannot be located after a reasonable effort by the department;

(3) have the cotton plants plowed down, if no response is received by the department from either the owner or operator within five calendar days after the date of posting of the notice at the field, or if the department considers the response inadequate.

B. Failure to comply with the requirements as stated above shall be a violation of this rule. The director may take any appropriate action including but not limited to:

(1) referring to the appropriate district attorney;

(2) taking emergency action;

(3) proceeding for a court order requiring plowdown.

C. When a continuing threat of the spread of a pest exists, the director may take reasonable emergency action necessary and may assess an emergency action fee to recover the cost of the emergency action, not to exceed $1000 per field, against the property owner and/or operator.

D. If it becomes necessary for the department to contract with someone to plowdown the cotton, the farm owner or operator shall reimburse the department the actual cost. After notification to the owner or his agent, if the owner or his agent does not reimburse the department within 30 days after issuance by the department of a bill requesting payment, the director shall refer the delinquent account for collection.

N.M. Admin. Code § 21.17.31.9

12/30/86; 2/4/87; 1/4/88; 5/28/93; 1/7/94; 12/15/95; 12/16/96; 11/15/97; 21.17.31.9 NMAC - Rn, 21 NMAC 17.31.9, 05/29/09