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Penalty Policy

This Policy establishes a four step process that may be used to determine the amount of a civil penalty.  The Policy is intended to provide appropriate sanctions through:

  • the fair and consistent determination of civil penalties;
  • civil penalties in proportion to the gravity of the violation;
  • recovery of the economic benefit of violating the New Mexico Air Quality Control Act (AQCA) and the Regulations;
  • a level playing field for economic competitors;
  • a defensible basis for civil penalties in enforcement actions; and a basis for calculating civil penalties in administrative actions and proposing penalties in judicial tribunals.

Penalty Policies: