0001| HOUSE BILL 466
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0002| 42ND LEGISLATURE - STATE OF NEW MEXICO - SECOND SESSION,
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0003| 1996
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0004| INTRODUCED BY
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0005| MICHAEL OLGUIN
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0006|
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0007|
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0008|
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0009|
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0010|
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0011| AN ACT
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0012| RELATING TO MINING; AMENDING SECTIONS OF THE NEW MEXICO MINING
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0013| ACT TO EXCLUDE CERTAIN OPERATORS, CHANGE THE MEMBERSHIP OF THE
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0014| MINING COMMISSION AND PROVIDE FOR MINING INSPECTION SCHEDULES.
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0015|
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0016| BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:
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0017| Section 1. Section 69-36-3 NMSA 1978 (being Laws 1993,
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0018| Chapter 315, Section 3) is amended to read:
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0019| "69-36-3. DEFINITIONS.--As used in the New Mexico Mining
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0020| Act:
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0021| A. "affected area" means the area outside of the
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0022| permit area where the land surface, surface water, ground water
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0023| and air resources are impacted by mining operations within the
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0024| permit area;
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0025| B. "commission" means the mining commission
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0001| established in the New Mexico Mining Act;
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0002| C. "director" means the director of the division or
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0003| his designee;
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0004| D. "division" means the mining and minerals division
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0005| of the energy, minerals and natural resources department;
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0006| E. "existing mining operation" means an extraction
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0007| operation that produced marketable minerals for a total of at
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0008| least two years between January 1, 1970 and [the effective date
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of the New Mexico Mining Act] June 18, 1993;
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0010| F. "exploration" means the act of searching for or
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0011| investigating a mineral deposit, including sinking shafts,
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0012| tunneling, drilling core and bore holes, digging pits, making
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0013| cuts and other works for the purpose of extracting samples prior
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0014| to commencement of development or extraction operations and the
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0015| building of roads, access ways and other facilities related to
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0016| such work; however, activities that cause no or very little
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0017| surface disturbance, such as airborne surveys and photographs,
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0018| use of instruments or devices that are hand-carried or otherwise
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0019| transported over the surface to perform magnetic, radioactive or
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0020| other tests and measurements, boundary or claim surveying,
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0021| location work or other work that causes no greater disturbance
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0022| than is caused by ordinary lawful use of the area by persons not
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0023| engaged in exploration, are excluded from the meaning of
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0024| "exploration";
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0025| G. "mineral" means a nonliving commodity that is
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0001| extracted from the earth for use or conversion into a saleable
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0002| or usable product, but does not include clays, adobe, flagstone,
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0003| potash, sand, gravel, caliche, borrow dirt, quarry rock used as
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0004| aggregate for construction, coal, surface water or subsurface
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0005| water, geothermal resources, oil and natural gas together with
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0006| other chemicals recovered with them, commodities, byproduct
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0007| materials and wastes that are regulated by the nuclear
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0008| regulatory commission or waste regulated under Subtitle C of the
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0009| federal Resource Conservation and Recovery Act of 1976;
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0010| H. "mining" means the process of obtaining useful
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0011| minerals from the earth's crust or from previously disposed or
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0012| abandoned mining wastes, including exploration, open-cut mining
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0013| and surface operation, the disposal of refuse from underground
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0014| and in situ mining, mineral transportation, concentrating,
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0015| milling, evaporation, leaching and other processing. "Mining"
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0016| does not [mean] include the exploration and extraction of
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0017| potash, sand, gravel, caliche, borrow dirt [and] or quarry
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0018| rock used as aggregate in construction; the exploration and
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0019| extraction of natural petroleum in a liquid or gaseous state by
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0020| means of wells or pipes; the development or extraction of coal;
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0021| the extraction of geothermal resources; smelting, refining,
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0022| cleaning, preparation, transportation or other off-site
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0023| operations not conducted on permit areas; or the extraction,
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0024| processing or disposal of commodities, byproduct materials or
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0025| wastes or other activities regulated by the federal nuclear
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0001| regulatory commission. "Mining" also does not include those
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0002| operations involving less than twenty-five acres that do not use
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0003| chemical processing;
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0004| I. "new mining operation" means a mining operation
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0005| that engages in a development or extraction operation after
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0006| [the effective date of the New Mexico Mining Act] June 18,
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0007| 1993 and that is not an existing mining operation;
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0008| J. "permit area" means the geographical area defined
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0009| in the permit for a new mining operation or for an existing
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0010| mining operation on which mining operations are conducted or
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0011| cause disturbance; and
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0012| K. "reclamation" means the employment during and
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0013| after a mining operation of measures designed to mitigate the
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0014| disturbance of affected areas and permit areas and, to the
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0015| extent practicable, provide for the stabilization of a permit
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0016| area following closure that will minimize future impact to the
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0017| environment from the mining operation and protect air and water
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0018| resources."
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0019| Section 2. Section 69-36-4 NMSA 1978 (being Laws 1993,
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0020| Chapter 315, Section 4) is amended to read:
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0021| "69-36-4. INTERIM PROGRAM--LIMITATIONS--EXEMPTIONS FROM
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0022| ACT.--
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0023| A. Nothing in the New Mexico Mining Act shall
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0024| supersede current or future requirements and standards of any
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0025| other applicable federal or state law.
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0001| B. [After the effective date of the New Mexico
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Mining Act and] Until the commission adopts regulations
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0003| necessary to carry out the provisions of the New Mexico Mining
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0004| Act, county mining laws or ordinances shall apply to mining
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0005| within their jurisdictions in New Mexico.
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0006| C. The provisions of the New Mexico Mining Act do
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0007| not apply to any existing mining operation abandoned as of June
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0008| 18, 1993 or reclaimed prior to September 30, 1995 unless the
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0009| mining operation applies for a permit as an existing mining
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0010| operation by December 31, 1997.
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0011| Section 3. Section 69-36-6 NMSA 1978 (being Laws 1993,
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0012| Chapter 315, Section 6, as amended) is amended to read:
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0013| "69-36-6. MINING COMMISSION--CREATED--MEMBERS.--
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0014| A. The "mining commission" is created. The
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0015| commission shall consist of [seven] nine voting members,
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0016| including:
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0017| (1) the secretary of energy, minerals and
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0018| natural resources or his designee;
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0019| (2) the director of the bureau of mines and
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0020| mineral resources of the New Mexico institute of mining and
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0021| technology or [an academic from a mining-related field to be
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appointed for a four-year term by the governor with the advice
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and consent of the senate] his designee;
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0024| [(2)] (3) the secretary of environment or
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0025| his designee;
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0001| [(3)] (4) the state engineer or his
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0002| designee;
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0003| [(4)] (5) the commissioner of public lands
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0004| or his designee;
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0005| [(5)] (6) the director of the department of
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0006| game and fish or his designee; and
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0007| [(6) two] (7) three members of the public
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0008| and an alternate for each, all to be appointed by the governor
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0009| with the advice and consent of the senate. The public members
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0010| shall be chosen to represent [and to balance] the interests
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0011| of environmental groups and large and small mining
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0012| [interests while minimizing conflicts of interest]
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0013| operations. No more than [one] two of the public members
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0014| and [one] two of the alternates appointed may belong to the
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0015| same political party. When the initial appointments are made,
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0016| one of the public members and his alternate will be designated
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0017| to serve for two-year terms, after which all public members
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0018| shall serve for four years. An alternate member may vote only
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0019| in the absence of the public member for whom he is the
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0020| alternate.
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0021| [B. The chairman of the soil and water conservation
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commission and the director of the agricultural experiment
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station of New Mexico state university or their designees shall
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be nonvoting ex-officio members to the commission.
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C.] B. The commission shall elect a chairman and
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0001| other necessary officers and keep records of its proceedings.
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0002| [D.] C. The commission shall convene upon the
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0003| call of the chairman or a majority of its members.
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0004| [E.] D. A majority of the voting members of the
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0005| commission shall be a quorum for the transaction of business.
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0006| However, no action of the commission shall be valid unless
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0007| concurred upon by at least [four] five of the members
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0008| present.
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0009| [F.] E. No member of the commission, with the
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0010| exception of [one] two of the public members and [his
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alternate] their alternates, shall receive or shall have
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0012| received during the previous two years, more than ten percent of
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0013| his income directly or indirectly from permit holders or
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0014| applicants for permits. Each member of the commission shall,
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0015| upon acceptance of his appointment and prior to the performance
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0016| of any of his duties, file a statement of disclosure with the
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0017| secretary of state stating:
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0018| (1) the amount of money or other valuable
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0019| consideration received, whether provided directly or indirectly,
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0020| from persons subject to or who appear before the commission;
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0021| (2) the identity of the source of money or
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0022| other valuable consideration; and
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0023| (3) whether the money or other valuable
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0024| consideration was in excess of ten percent of his gross personal
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0025| income in either of the preceding two years.
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0001| [G.] F. No commissioner with any financial
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0002| interest affected or potentially affected by a permit action may
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0003| participate in proceedings related to that permit action."
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0004| Section 4. Section 69-36-7 NMSA 1978 (being Laws 1993,
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0005| Chapter 315, Section 7) is amended to read:
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0006| "69-36-7. COMMISSION--DUTIES.--The commission shall:
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0007| A. [within one year of the effective date of the New
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Mexico Mining Act] before June 18, 1994, adopt and file
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0009| reasonable regulations [consistent with the purposes and intent
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of the New Mexico Mining Act] necessary to implement [that]
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0011| the provisions of the New Mexico Mining Act, including
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0012| regulations that:
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0013| (1) consider the economic and environmental
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0014| effects of their implementation;
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0015| (2) require permitting of all new and existing
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0016| mining operations and exploration; and
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0017| (3) require annual reporting of production
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0018| information to the commission, which shall be kept confidential
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0019| if otherwise required by law;
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0020| B. adopt regulations for new mining operations that
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0021| allow the director to select a qualified expert who may:
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0022| (1) review and comment to the director on the
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0023| adequacy of baseline data gathered prior to submission of the
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0024| permit application for use in the permit application process;
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0025| (2) recommend to the director additional
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0001| baseline data that may be necessary in the review of the
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0002| proposed mining activity;
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0003| (3) recommend to the director methodology
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0004| guidelines to be followed in the collection of all baseline
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0005| data; and
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0006| (4) review and comment on the permit
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0007| application;
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0008| C. adopt regulations that require and provide for
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0009| the issuance and renewal of permits for new and existing mining
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0010| operations and exploration and that establish schedules to bring
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0011| existing mining operations into compliance with the requirements
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0012| of the New Mexico Mining Act; provided the term of a permit for
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0013| a new mining operation shall not exceed twenty years and the
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0014| term of renewals of permits for new mining operations shall not
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0015| exceed ten years;
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0016| D. adopt regulations that provide for permit
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0017| modifications. The commission shall establish criteria to
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0018| determine which permit modifications may have significant
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0019| environmental impact. Modifications that the director
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0020| determines will have significant environmental impact shall
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0021| require public notice and an opportunity for public hearing
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0022| pursuant to Subsection K of this section. A permit modification
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0023| to the permit for an existing mining operation shall be obtained
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0024| for each new discrete processing, leaching, excavation, storage
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0025| or stockpile unit located within the permit area of an existing
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0001| mining operation and not identified in the permit of an existing
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0002| mining operation and for each expansion of such a unit
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0003| identified in the permit for an existing mining operation that
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0004| exceeds the design limits specified in the permit. The
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0005| regulations shall require that permit modifications for such
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0006| units be approved if the director determines that the unit will:
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0007| (1) comply with the regulations regarding
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0008| permit modifications;
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0009| (2) incorporate the requirements of Paragraphs
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0010| (1), (2), (4), (5) and (6) of Subsection H of this section; and
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0011| (3) be sited and constructed in a manner that
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0012| facilitates, to the maximum extent practicable, contemporaneous
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0013| reclamation consistent with the closeout plan;
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0014| E. adopt regulations that require new and existing
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0015| mining operations to obtain and maintain permits for standby
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0016| status. A permit for standby status shall be issued for a
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0017| maximum term of five years; provided that upon application the
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0018| director may renew a permit for standby status for no more than
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0019| three additional five-year terms. The regulations shall require
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0020| that before a permit for standby status is issued or renewed an
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0021| owner or operator shall:
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0022| (1) identify the projected term of standby
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0023| status for each unit of the new or existing mining operation;
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0024| (2) take measures that reduce, to the extent
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0025| practicable, the formation of acid and other toxic drainage to
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0001| prevent releases that cause federal or state environmental
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0002| standards to be exceeded;
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0003| (3) meet applicable federal and state
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0004| environmental standards and regulations during the period of
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0005| standby status;
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0006| (4) stabilize waste and storage units, leach
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0007| piles, impoundments and pits during the term of standby status;
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0008| (5) comply with applicable requirements of the
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0009| New Mexico Mining Act and the regulations adopted pursuant to
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0010| that act; and
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0011| (6) provide an analysis of the economic
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0012| viability of each unit proposed for standby status;
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0013| F. establish by regulation closeout plan
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0014| requirements for existing mining operations that incorporate
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0015| site-specific characteristics, including consideration of
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0016| disturbances from previous mining operations, and that take into
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0017| account the mining method utilized;
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0018| G. establish by regulation a procedure for the
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0019| issuance of a permit for an existing mining operation and for
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0020| modifications of that permit to incorporate approved closeout
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0021| plans or portions of closeout plans and financial assurance
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0022| requirements for performance of the closeout plans. The permit
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0023| shall describe the permit area of the existing mining operation
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0024| and the design limits of units of the existing mining operation
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0025| based upon the site assessment submitted by the operator. The
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0001| permit shall contain a schedule for completion of a closeout
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0002| plan. The permit shall thereafter be modified to incorporate
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0003| the approved closeout plan or portions of the closeout plan once
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0004| financial assurance has been provided for completion of the
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0005| closeout plan or the approved portions of the closeout plan.
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0006| The permit may be modified for new mining units, expansions
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0007| beyond the design limits of a unit at an existing mining
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0008| operation or standby status;
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0009| H. establish by regulation permit and reclamation
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0010| requirements for new mining operations that incorporate site-specific characteristics. These requirements shall, at a
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0011| minimum:
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0012| (1) require that new mining operations be
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0013| designed and operated using the most appropriate technology and
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0014| the best management practices;
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0015| (2) assure protection of human health and
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0016| safety, the environment, wildlife and domestic animals;
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0017| (3) include backfilling or partial backfilling
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0018| only when necessary to achieve reclamation objectives that
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0019| cannot be accomplished through other mitigation measures;
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0020| (4) require approval by the director that the
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0021| permit area will achieve a self-sustaining ecosystem appropriate
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0022| for the life zone of the surrounding areas following closure
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0023| unless conflicting with the approved post-mining land use;
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0024| (5) require that new mining operations be
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0025| designed in a manner that incorporates measures to reduce, to
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0001| the extent practicable, the formation of acid and other toxic
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0002| drainage that may otherwise occur following closure to prevent
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0003| releases that cause federal or state standards to be exceeded;
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0004| (6) require that nonpoint source surface
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0005| releases of acid or other toxic substances shall be contained
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0006| within the permit area;
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0007| (7) require that all waste, waste management
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0008| units, pits, heaps, pads and any other storage piles are
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0009| designed, sited and constructed in a manner that facilitates, to
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0010| the maximum extent practicable, contemporaneous reclamation and
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0011| are consistent with the new mining operation's approved
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0012| reclamation plan; and
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0013| (8) where sufficient topsoil is present, take
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0014| measures to preserve it from erosion or contamination and assure
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0015| that it is in a usable condition for sustaining vegetation when
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0016| needed;
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0017| I. adopt regulations that establish a permit
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0018| application process for new mining operations that includes:
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0019| (1) disclosure of ownership and controlling
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0020| interests in the new mining operation or submission of the
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0021| applicant's most recent form 10K required by the federal
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0022| securities exchange commission;
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0023| (2) a statement of all mining operations within
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0024| the United States owned, operated or directly controlled by the
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0025| applicant, owner or operator and by persons or entities that
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0001| directly control the applicant and the names and the addresses
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0002| of regulatory agencies with jurisdiction over the environmental
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0003| aspects of those operations and that could provide a compliance
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0004| history for those operations and over the preceding ten years.
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0005| The operator shall assist the applicant in obtaining compliance
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0006| history information;
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0007| (3) a description of the type and method of
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0008| mining and the engineering techniques proposed;
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0009| (4) the anticipated starting and termination
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0010| dates of each phase of the new mining operation and the number
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0011| of acres of land to be affected;
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0012| (5) the names of all affected watersheds, the
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0013| location of any perennial, ephemeral or intermittent surface
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0014| stream or tributary into which surface or pit drainage will be
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0015| discharged or may possibly be expected to reach and the location
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0016| of any spring within the permit area and the affected area;
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0017| (6) a determination of the probable hydrologic
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0018| consequences of the new mining operation and reclamation, both
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0019| on and off the permit area, with respect to the hydrologic
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0020| regime, quantity and quality of surface and ground water
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0021| systems, including the dissolved and suspended solids under
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0022| seasonal flow conditions;
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0023| (7) cross-sections or plans of the permit area
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0024| depicting:
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0025| (a) the nature and depth of the various
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0001| formations of overburden;
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0002| (b) the location of subsurface water, if
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0003| encountered, and its quality;
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0004| (c) the nature and location of any ore
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0005| body to be mined;
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0006| (d) the location of aquifers and springs;
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0007| (e) the estimated position and flow of
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0008| the water table;
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0009| (f) the proposed location of waste rock,
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0010| tailings, stockpiles, heaps, pads and topsoil preservation
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0011| areas; and
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0012| (g) premining vegetation and wildlife
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0013| habitat features present at the site;
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0014| (8) the potential for geochemical alteration of
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0015| overburden, the ore body and other materials present within the
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0016| permit area;
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0017| (9) a reclamation plan that includes a detailed
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0018| description of the proposed post-mining land use and how that
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0019| use is to be achieved; and
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0020| (10) premining baseline data as required by
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0021| regulations adopted by the commission;
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0022| J. adopt regulations to coordinate the roles of
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0023| permitting agencies involved in regulating activities related to
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0024| new and existing mining operations and exploration, including
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0025| regulatory requirements, to avoid duplicative and conflicting
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0001| administration of the permitting process and other requirements;
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0002| K. except for regulations enacted pursuant to
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0003| Subsection L of this section, adopt regulations that ensure that
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0004| the public and permitting agencies receive notice of each
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0005| application for issuance, renewal or revision of a permit for a
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0006| new or existing mining operation, for standby status, or
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0007| exploration, a variance or an application for release of
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0008| financial assurance and any inspection prior to the release of
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0009| financial assurance, including a provision that no action shall
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0010| be taken on any application until an opportunity for a public
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0011| hearing, held in the locality of the operation, is provided and
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0012| that all interested persons shall be given a reasonable chance
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0013| to submit data, views or arguments orally or in writing and to
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0014| examine witnesses testifying at the hearing. These regulations
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0015| shall require at a minimum that the applicant for issuance,
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0016| renewal or revisions of a permit or a variance or an application
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0017| for release of financial assurance and any inspection prior to
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0018| release of financial assurance shall provide to the director
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0019| proof that notice of the application has been:
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0020| (1) provided by certified mail to the owners of
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0021| record, as shown by the most recent property tax schedule, of
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0022| all properties within one-half mile of the property on which the
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0023| mining operation is located or is proposed to be located;
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0024| (2) provided by certified mail to all
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0025| municipalities and counties within a ten-mile radius of the
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0001| property on which the mining operation is or will be located;
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0002| (3) published once in a newspaper of general
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0003| circulation in each county in which the property on which the
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0004| mining operation is or will be located; provided that this
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0005| notice shall appear in either the classified or legal
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0006| advertisements section of the newspaper and at one other place
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0007| in the newspaper calculated to give the general public the most
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0008| effective notice and, when appropriate, shall be printed in both
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0009| English and Spanish;
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0010| (4) posted in at least four publicly accessible
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0011| and conspicuous places, including the entrance to the new or
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0012| existing mining operation if that entrance is publicly
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0013| accessible and conspicuous; and
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0014| (5) mailed to all persons who have made a
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0015| written request to the director for notice;
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0016| L. adopt regulations to provide for permits, without
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0017| notice and hearing, to address mining operations that have
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0018| minimal impact on the environment; provided that such permits
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0019| shall require general plans and shall otherwise reduce the
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0020| permitting requirements of the New Mexico Mining Act;
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0021| M. establish by regulation a schedule of annual
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0022| administrative and permit fees, which shall equal and not exceed
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0023| the estimated costs of administration, implementation,
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0024| enforcement, investigation and permitting pursuant to the
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0025| provisions of the New Mexico Mining Act. The size of the
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0001| operation, anticipated inspection frequency and other factors
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0002| deemed relevant by the commission shall be considered in the
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0003| determination of the fees. The fees established pursuant to
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0004| this subsection shall be deposited in the mining act fund;
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0005| N. establish by regulation a continuing process of
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0006| review of mining and reclamation practices in New Mexico that
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0007| provides for periodic review and amendment of regulations and
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0008| procedures to provide for the protection of the environment and
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0009| consider the economic effects of the regulations;
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0010| O. adopt regulations governing the provision of
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0011| variances issued by the director, stating the procedures for
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0012| seeking a variance, including provisions for public notice and
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0013| an opportunity for a hearing in the locality where the variance
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0014| will be operative, the limitations on provision of variances,
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0015| requiring the petitioner to present sufficient evidence to prove
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0016| that failure to grant a variance will impose an undue economic
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0017| burden and that granting the variance will not result in a
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0018| significant threat to human health, safety or the environment;
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0019| P. provide by regulation that, prior to the issuance
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0020| of any permit for a new mining operation pursuant to the
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0021| provisions of the New Mexico Mining Act, the permit applicant or
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0022| operator:
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0023| (1) shall provide evidence to the director that
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0024| other applicable state and federal permits required to be
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0025| obtained by the new or existing mining operation either have
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0001| been or will be issued before the activities subject to those
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0002| permits begin; and
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0003| (2) shall provide to the director a written
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0004| determination from the secretary of environment stating that the
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0005| permit applicant has demonstrated that the activities to be
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0006| permitted or authorized will be expected to achieve compliance
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0007| with all applicable air, water quality and other environmental
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0008| standards if carried out as described;
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0009| Q. require by regulation that the applicant file
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0010| with the director, prior to the issuance of a permit, financial
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0011| assurance. The amount of the financial assurance shall be
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0012| sufficient to assure the completion of the performance
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0013| requirements of the permit, including closure and reclamation,
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0014| if the work had to be performed by the director or a third party
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0015| contractor and shall include periodic review to account for any
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0016| inflationary increases and anticipated changes in reclamation or
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0017| closure costs. The regulations shall specify that financial
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0018| requirements shall neither duplicate nor be less comprehensive
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0019| than the federal financial requirements. The form and amount of
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0020| the financial assurance shall be subject to the approval of the
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0021| director as part of the permit application; provided, financial
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0022| assurance does not include any type or variety of self-guarantee
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0023| or self-insurance;
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0024| R. require by regulation that the permittee may file
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0025| an application with the director for the release of all or part
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0001| of the permittee's financial assurance. The permittee shall not
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0002| file an application for release of financial assurance more than
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0003| once per year for each mining operation. The application shall
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0004| describe the reclamation measures completed and shall contain an
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0005| estimate of the costs of reclamation measures that have not been
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0006| completed. Prior to release of any portion of the permittee's
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0007| financial assurance, the director shall conduct an inspection
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0008| and evaluation of the reclamation work involved. The director
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0009| shall notify persons who have requested advance notice of the
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0010| inspection. Interested members of the public shall be allowed
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0011| to be present at the inspection of the reclamation work by the
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0012| director.
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0013| (1) The director may release in whole or in
|
0014| part the financial assurance if the reclamation covered by the
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0015| financial assurance has been accomplished as required by the New
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0016| Mexico Mining Act; provided that the director shall retain
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0017| financial assurance at least equal to the approved estimated
|
0018| costs of completing reclamation measures that have not been
|
0019| completed; and provided further that for revegetated areas, the
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0020| director shall retain the amount of financial assurance
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0021| necessary for a third party to reestablish vegetation for a
|
0022| period of twelve years after the last year of augmented seeding,
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0023| fertilizing, irrigation or other work, unless a post-mining land
|
0024| use is achieved that is inconsistent with the further need for
|
0025| revegetation. For new mining operations only, no part of the
|
0001| financial assurance necessary for a third party to reestablish
|
0002| vegetation shall be released [so] as long as the lands to
|
0003| which the release would be applicable are contributing suspended
|
0004| solids above background levels to streamflow of intermittent and
|
0005| perennial streams.
|
0006| (2) A person with an interest that is or will
|
0007| be adversely affected by release of the financial assurance may
|
0008| file, with the director within thirty days of the date of the
|
0009| inspection, written objections to the proposed release from
|
0010| financial assurance. If written objections are filed and a
|
0011| hearing is requested, the director shall inform all the
|
0012| interested parties of the time and place of the hearing at least
|
0013| thirty days in advance of the public hearing and hold a public
|
0014| hearing in the locality of the new or existing mining operation
|
0015| or exploration operation proposed for release from financial
|
0016| assurance. The date, time and location of the public hearing
|
0017| shall be advertised by the director in a newspaper of general
|
0018| circulation in the locality for two consecutive weeks, and all
|
0019| persons who have submitted a written request in advance to the
|
0020| director to receive notices of hearings shall be provided notice
|
0021| at least thirty days prior to the hearing;
|
0022| S. establish coordinated procedures that avoid
|
0023| duplication for the inspection, monitoring and sampling of air,
|
0024| soil and water and enforcement of applicable requirements of the
|
0025| New Mexico Mining Act, regulations adopted pursuant to that act
|
0001| and permit conditions for new and existing mining operations and
|
0002| exploration. The regulations shall require, at a minimum:
|
0003| (1) inspections by the director occurring on an
|
0004| irregular basis [averaging not less than one inspection per
|
month when the mining operation is conducting significant
|
reclamation activities and one on-site inspection per calendar
|
quarter at all other times and on a schedule to be established
|
by the commission for mining operations having a minimal impact
|
on the environment and exploration operations covered by each
|
permit] according to the following schedule:
|
0011| (a) at least one inspection per month
|
0012| when a mining operation is conducting significant reclamation
|
0013| activities;
|
0014| (b) at least two inspections per year
|
0015| for active mining operations;
|
0016| (c) at least one inspection per year on
|
0017| inactive sites;
|
0018| (d) at least one inspection per year
|
0019| following completion of all significant reclamation activities,
|
0020| but prior to the release of financial assurances; and
|
0021| (e) on a schedule to be established by
|
0022| the commission for exploration operations and for mining
|
0023| operations having a minimal impact on the environment;
|
0024| (2) inspections shall occur without prior
|
0025| notice to the permittee or his agents or employees except for
|
0001| necessary on-site meetings with the permittee;
|
0002| (3) when the director determines that a
|
0003| condition or practice exists that violates a requirement of the
|
0004| New Mexico Mining Act, a regulation adopted pursuant to that act
|
0005| or a permit issued under that act, which condition, practice or
|
0006| violation also creates an imminent danger to the health or
|
0007| safety of the public or will cause significant imminent
|
0008| environmental harm, the director shall immediately order a
|
0009| cessation of the new or existing mining operation or the
|
0010| exploration operation or the portion of that operation relevant
|
0011| to the condition, practice or violation. The cessation order
|
0012| shall remain in effect until the director determines that the
|
0013| condition, practice or violation has been abated or until
|
0014| modified, vacated or terminated by the director or the
|
0015| commission;
|
0016| (4) when the director determines that an owner
|
0017| or operator is in violation of a requirement of the New Mexico
|
0018| Mining Act, a regulation adopted pursuant to that act or a
|
0019| permit issued pursuant to that act, but the violation does not
|
0020| create an imminent danger to the health or safety of the public
|
0021| or will not cause significant imminent environmental harm, the
|
0022| director shall issue a notice to the owner or operator fixing a
|
0023| reasonable time, not to exceed sixty days, for the abatement of
|
0024| the violation. If, upon expiration of the period of time as
|
0025| originally fixed or subsequently extended for good cause shown,
|
0001| the director finds that the violation has not been abated, he
|
0002| shall immediately order a cessation of new or existing mining
|
0003| operations or exploration operations or the portion thereof
|
0004| relevant to the violation. The cessation order shall remain in
|
0005| effect until the director determines that the violation has been
|
0006| abated; and
|
0007| (5) when the director determines that a pattern
|
0008| of violations of the requirements of the New Mexico Mining Act
|
0009| or of the regulations adopted pursuant to that act or the permit
|
0010| required by that act exists or has existed, and if the director
|
0011| also finds that such violations are caused by the unwarranted
|
0012| failure of the owner or operator to comply with the requirements
|
0013| of that act, regulation or permit or that such violations are
|
0014| willfully caused by the owner or operator, the director shall
|
0015| immediately issue an order to the owner or operator to show
|
0016| cause as to why the permit should not be suspended or revoked;
|
0017| T. provide for the transfer of a permit to a
|
0018| successor operator, providing for release of the first operator
|
0019| from obligations under the permit, including financial
|
0020| assurance, following the approved assumption of such obligations
|
0021| and financial assurance by the successor operator; and
|
0022| [U. adopt regulations providing that the owner or
|
operator of an existing mining operation or a new mining
|
operation who has completed some reclamation measures prior to
|
the effective date of the regulations adopted pursuant to the
|
New Mexico Mining Act may apply for an inspection of those
|
reclamation measures and a release from further requirements
|
pursuant to that act for the reclaimed areas if, after an
|
inspection, the director determines that the reclamation
|
measures satisfy the requirements of that act and the
|
substantive requirements for reclamation pursuant to the
|
applicable regulatory standards; and
|
V.] U. develop and adopt other regulations
|
0009| necessary and appropriate to carry out the purposes and
|
0010| provisions of the New Mexico Mining Act."
|
0011|
|
0012|
|