reglab/housing_qa huggingface dataset:
NM Stat § 74-6-5.2 (2021)
2021 New Mexico Statutes|Chapter 74 - Environmental Improvement|Article 6 - Water Quality|Section 74-6-5.2 - Water quality management fund created.

There is created in the state treasury the "water quality management fund" to be administered by the department of environment. All fees collected pursuant to the regulations adopted by the commission under Subsection H [J] of Section 74-6-5 NMSA 1978 shall be deposited in the fund. Money in the fund is appropriated to the department of environment for the purpose of administering the regulations adopted by the commission pursuant to Section 74-6-5 NMSA 1978. Disbursements from the fund shall be made upon warrants drawn by the secretary of finance and administration pursuant to vouchers signed by the secretary of environment. History: Laws 1993, ch. 100, § 4. ANNOTATIONSBracketed material. — The bracketed material was inserted by the compiler and is not part of the law. Laws 1993, ch. 291, § 5 rewrote 74-6-5 NMSA 1978, moving the provisions relating to fees to Subsection J, effective June 18, 1993.
NM Stat § 74-6-8 (2021)
2021 New Mexico Statutes|Chapter 74 - Environmental Improvement|Article 6 - Water Quality|Section 74-6-8 - Duties of constituent agencies.

Each constituent agency shall administer regulations adopted pursuant to the Water Quality Act, responsibility for the administration of which has been assigned to it by the commission. History: 1953 Comp., § 75-39-7, enacted by Laws 1967, ch. 190, § 7. ANNOTATIONSCommission may delegate authority to administer regulations. — Where the commission gives the environmental improvement division the authority to administer certain regulations, there is no unlawful delegation of authority. Kerr-McGee Nuclear Corp. v. New Mexico Water Quality Control Comm'n, 1982-NMCA-015, 98 N.M. 240, 647 P.2d 873. Law reviews. — For article, "The Assurance of Reasonable Toxic Risk?," see 24 Nat. Resources J. 549 (1984).
NM Stat § 74-6-10.1 (2021)
2021 New Mexico Statutes|Chapter 74 - Environmental Improvement|Article 6 - Water Quality|Section 74-6-10.1 - Civil penalties.

A. Any person who does not comply with the provisions of Section 74-6-5 NMSA 1978, including any regulation adopted pursuant to that section, or any permit issued pursuant to that section, shall be assessed civil penalties up to the amount of fifteen thousand dollars ($15,000) per day of noncompliance for each violation. B. Any person who violates any provision of the Water Quality Act other than Section 74-6-5 NMSA 1978 or any person who violates any regulation, water quality standard or compliance order adopted pursuant to that act shall be assessed civil penalties up to the amount of ten thousand dollars ($10,000) per day for each violation. History: Laws 1993, ch. 291, § 14.
NM Stat § 74-6-11 (2021)
2021 New Mexico Statutes|Chapter 74 - Environmental Improvement|Article 6 - Water Quality|Section 74-6-11 - Emergency; powers of delegated constituent agencies; penalties.

A. If a constituent agency determines upon receipt of evidence that a pollution source or combination of sources over which it has been delegated authority by the commission poses an imminent and substantial danger to public health, it may bring suit in the district court for the county in which such a source is located to: (1) restrain immediately any person causing or contributing to the alleged condition from further causing or contributing to the condition; or (2) take such other action as deemed necessary and appropriate. B. If it is not practicable to assure prompt protection of public health solely by commencement of a civil action as set forth in Subsection A of this section, the constituent agency may issue such orders as it deems necessary to protect public health. Any order issued by the constituent agency shall be effective for not more than seventy-two hours unless the constituent agency brings an action in district court within the seventy-two hour period. If the constituent agency brings an action within seventy-two hours of issuance of the order, the order shall be effective for one hundred sixty-eight hours or for a longer period of time authorized by the court. C. Any person who willfully violates or fails or refuses to comply with an order issued by a constituent agency under Subsection B of this section shall, upon conviction, be punished by a fine of not more than five thousand dollars ($5,000) for each day during which the violation, failure or refusal occurs. History: 1953 Comp., § 75-39-10, enacted by Laws 1967, ch. 190, § 10; 1970, ch. 64, § 6; 1971, ch. 277, § 52; 1993, ch. 291, § 10. ANNOTATIONSThe 1993 amendment, effective June 18, 1993, rewrote the catchline, which read "Emergency Procedure"; deleted the former language of the section relating to the procedure followed by the director of the environmental improvement agency to abate water pollution, and added new Subsections A through C. Law reviews. — For comment, "Control of Industrial Water Pollution in New Mexico," see 9 Nat. Resources J. 653 (1969). For article, "The Assurance of Reasonable Toxic Risk?," see 24 Nat. Resources J. 549 (1984). Am. Jur. 2d, A.L.R. and C.J.S. references. — 61A Am. Jur. 2d Pollution Control §§ 2012, 2050. 39A C.J.S. Health and Environment § 144.
NM Stat § 74-6-13 (2021)
2021 New Mexico Statutes|Chapter 74 - Environmental Improvement|Article 6 - Water Quality|Section 74-6-13 - Construction.

The Water Quality Act provides additional and cumulative remedies to prevent, abate and control water pollution, and nothing abridges or alters rights of action or remedies in equity under the common law or statutory law, criminal or civil. No provision of the Water Quality Act or any act done by virtue thereof estops the state or any political subdivision or person as owner of water rights or otherwise, in the exercise of their rights in equity or under the common law or statutory law to suppress nuisances or to abate pollution. History: 1953 Comp., § 75-39-12, enacted by Laws 1967, ch. 190, § 12. ANNOTATIONSCourt retains jurisdiction of case seeking tort and contract damages. — The trial court correctly retains jurisdiction of a case seeking tort and contract damages against a utility for its failure to supply water meeting certain minimal standards of quality since the government agencies involved have no expertise in considering tort and contractual claims and are without power to grant the relief that the plaintiffs have asked, and this section evidences the legislative intent that common-law remedies against water pollution be preserved. O'Hare v. Valley Utils., Inc., 1976-NMCA-004, 89 N.M. 105, 547 P.2d 1147, modified, 1976-NMSC-024, 89 N.M. 262, 550 P.2d 274. Law reviews. — For comment, "Control of Industrial Water Pollution in New Mexico," see 9 Nat. Resources J. 653 (1969).
NM Stat § 74-6-14 (2021)
2021 New Mexico Statutes|Chapter 74 - Environmental Improvement|Article 6 - Water Quality|Section 74-6-14 - Recompiled.

ANNOTATIONSRecompilations. — Former Section 74-6-14 NMSA 1978, as amended by Laws 1993, ch. 291, § 17, relating to the termination of agency life, was recompiled as 74-6-17 NMSA 1978 in 1993.
NM Stat § 74-6-15 (2021)
2021 New Mexico Statutes|Chapter 74 - Environmental Improvement|Article 6 - Water Quality|Section 74-6-15 - Confidential information; penalties.

A. Records, reports or information obtained by the commission or a constituent agency pursuant to the Water Quality Act shall be generally available to the public. All ambient water quality data and all effluent data obtained by the commission or a constituent agency shall be available to the public. Records, reports or information or particular parts of the records, reports or information shall be held confidential, if a person can demonstrate to the commission or constituent agency that the records, reports or information or particular parts of the records, reports or information, if made public, would divulge confidential business records or methods or processes entitled to protection as trade secrets. Except that the record, report or information may be disclosed: (1) to officers, employees or authorized representatives of the commission or a constituent agency concerned with carrying out the purposes and provisions of the Water Quality Act; (2) to officers, employees or authorized representatives of the United States government; or (3) when relevant in any proceeding pursuant to the Water Quality Act or the federal act. B. The commission shall promulgate regulations to implement the provisions of this section, including regulations specifying business records entitled to protection as confidential. C. An officer, employee or authorized representative of the commission or a constituent agency who knowingly or willfully publishes, divulges, discloses or makes known any information that is required to be considered confidential pursuant to this section shall be fined not more than one thousand dollars ($1,000) or imprisonment of not more than one year, or both. History: Laws 1993, ch. 291, § 13.
NM Stat § 74-6-16 (2021)
2021 New Mexico Statutes|Chapter 74 - Environmental Improvement|Article 6 - Water Quality|Section 74-6-16 - Effect and enforcement of Water Quality Act during transition.

A. All rules, regulations, water quality standards and administrative determinations of the commission and any constituent agency pertaining to the Water Quality Act that existed prior to the effective date of this 1993 act shall remain in full force and effect after that date until repealed or amended, unless in conflict with, prohibited by or inconsistent with the provisions of the Water Quality Act. B. All enforcement actions taken before the effective date of this 1993 act shall be valid if based upon a violation of the Water Quality Act, including any regulation or water quality standard that was in effect at the time of the violation. History: Laws 1993, ch. 291, § 16. ANNOTATIONSCompiler's notes. — The "effective date of this 1993 act", referred to in Subsection A, means June 18, 1993, the effective date of Laws 1993, ch. 29, which enacted this section.
NM Stat § 74-6-17 (2021)
2021 New Mexico Statutes|Chapter 74 - Environmental Improvement|Article 6 - Water Quality|Section 74-6-17 - Termination of agency life; delayed repeal.

The water quality control commission is terminated on July 1, 2025 pursuant to the Sunset Act [12-9-11 to 12-9-21 NMSA 1978]. The commission shall continue to operate according to the provisions of Chapter 74, Article 6 NMSA 1978 until July 1, 2026. Effective July 1, 2026, Sections 74-6-3 through 74-6-4 NMSA 1978 are repealed. History: 1978 Comp., § 74-6-13.1, enacted by Laws 1987, ch. 333, § 15; 1993, ch. 291, § 17; 1999, ch. 21, § 2; 2005, ch. 208, § 26; 2013, ch. 166, § 8; 2019, ch. 168, § 5. ANNOTATIONSThe 2019 amendment, effective July 1, 2019, changed "July 1, 2019", to "July 1, 2025", and changed "July 1, 2020", to "July 1, 2026".The 2013 amendment, effective June 14, 2013, changed the agency termination date from 2013 to 2019, the termination of the operations date from 2014 to 2020, and the repeal dated from 2014 to 2020; and in the last sentence, after "74-6-3", deleted "and" and added "through". The 2005 amendment, effective June 17, 2005, changed the termination, operation and repeal dates. The 1999 amendment, effective June 18, 1999, substituted "July 1, 2005" for "July 1, 1999" and "July 1, 2006" for "July 1, 2000" in two places and deleted "(being Laws 1967, Chapter 190, Sections 3 and 4, as amended)" following "74-6-4". The 1993 amendment, effective June 18, 1993, substituted "1999" for "1993" in the first sentence, substituted "2000" for "1994" at the end of the second sentence, and rewrote the third sentence which read "Effective July 1, 1994, Article 6, Chapter 74 is repealed."
NM Stat § 74-6A-1 (2021)
2021 New Mexico Statutes|Chapter 74 - Environmental Improvement|Article 6A - Wastewater Facility Construction Loans|Section 74-6A-1 - Short title.

Chapter 74, Article 6A NMSA 1978 may be cited as the "Wastewater Facility Construction Loan Act". History: Laws 1986, ch. 72, § 1; 1991, ch. 172, § 2. ANNOTATIONSThe 1991 amendment, effective April 4, 1991, substituted "Chapter 74, Article 6A NMSA 1978" for "This act". Am. Jur. 2d, A.L.R. and C.J.S. references. — 61A Am. Jur. 2d Pollution Control § 718. 39A C.J.S. Health & Environment § 106 et seq.
NM Stat § 74-6A-2 (2021)
2021 New Mexico Statutes|Chapter 74 - Environmental Improvement|Article 6A - Wastewater Facility Construction Loans|Section 74-6A-2 - Purpose.

The purpose of the Wastewater Facility Construction Loan Act is to provide state agencies, local authorities, interstate agencies and other qualified borrowers in New Mexico with low-cost financial assistance in the construction of necessary wastewater facilities and other eligible projects through the creation of a self-sustaining program so as to improve and protect water quality and public health. History: Laws 1986, ch. 72, § 2; 1989, ch. 323, § 1; 2017, ch. 114, § 1; 2018, ch. 19, § 1. ANNOTATIONSThe 2018 amendment, effective May 16, 2018, expanded the list of entities that are eligible for funding assistance in the construction of necessary wastewater facilities and other eligible projects; and after "provide state agencies", deleted "and", after "local authorities", added "interstate agencies and other qualified borrowers", and after "necessary wastewater facilities", added "and other eligible projects". The 2017 amendment, effective July 1, 2017, made state agencies eligible for funding for wastewater projects pursuant to the Wastewater Facility Construction Loan Act; and after "to provide", added "state agencies and".
NM Stat § 74-6A-4.1 (2021)
2021 New Mexico Statutes|Chapter 74 - Environmental Improvement|Article 6A - Wastewater Facility Construction Loans|Section 74-6A-4.1 - Clean water administrative fund; created; use.

A. The "clean water administrative fund" is created in the state treasury and shall be administered by the department as agent for the commission. The clean water administrative fund shall be a dedicated fund, and all money in the clean water administrative fund is appropriated to the department to be used solely to administer the wastewater facility construction loan fund, which may include water quality planning and water quality analysis and protection studies if authorized by the department and, if necessary, the United States environmental protection agency. The commission may establish procedures, adopt regulations and set fees as required to administer the clean water administrative fund in accordance with the Clean Water Act and state law. The clean water administrative fund shall consist of money deposited from: (1) loan administration fees collected by the department after the effective date of this section on loans made from the wastewater facility construction loan fund; (2) interest earned on investment of the clean water administrative fund; (3) grants from the federal government allotted to the state for the clean water administrative fund; (4) funds as appropriated by the legislature for administration to implement the provisions of the Clean Water Act; and (5) any other public or private money dedicated to the clean water administrative fund. B. Money in the clean water administrative fund not currently needed for the operation of the fund or otherwise dedicated may be invested according to the provisions of Chapter 6, Article 10 NMSA 1978, and all interest earned on such investments shall be credited to the clean water administrative fund. Money remaining in the clean water administrative fund at the end of any fiscal year shall not revert to the general fund but shall accrue to the credit of the clean water administrative fund. C. The department shall establish fiscal controls and accounting procedures that are sufficient to ensure proper accounting for clean water administrative fund payments, disbursements and balances and shall provide an annual report and an annual independent audit on the clean water administrative fund to the governor and to the United States environmental protection agency as required by the Clean Water Act. History: Laws 2007, ch. 344, § 1. ANNOTATIONSCross references. — For the federal Clean Water Act, see 33 U.S.C. § 125. Effective dates. — Laws 2007, ch. 344, § 4 made this section effective July 1, 2007.
NM Stat § 74-6A-6 (2021)
2021 New Mexico Statutes|Chapter 74 - Environmental Improvement|Article 6A - Wastewater Facility Construction Loans|Section 74-6A-6 - Repealed.

ANNOTATIONSRepeals. — Laws 1991, ch. 172, § 14 repealed 74-6A-5 and 74-6A-6 NMSA 1978, as enacted by Laws 1986, ch. 72, §§ 5 and 6, relating to loan program, duties of division and commission and financial assistance criteria, effective April 4, 1991. For provisions of former sections, see the 1990 NMSA 1978 on NMOneSource.com.
NM Stat § 74-6A-7 (2021)
2021 New Mexico Statutes|Chapter 74 - Environmental Improvement|Article 6A - Wastewater Facility Construction Loans|Section 74-6A-7 - Loan program; administration.

A. The division shall establish a program to provide financial assistance to qualified borrowers, individually or jointly, for eligible projects. The division as agent of the commission is authorized to enter into contracts and other agreements to carry out the provisions of the Wastewater Facility Construction Loan Act, including contracts and agreements with federal agencies, local authorities and other parties. B. The commission shall adopt a system for the ranking of eligible projects for financial assistance. History: Laws 1991, ch. 172, § 5; 2018, ch. 19, § 4. ANNOTATIONSThe 2018 amendment, effective May 16, 2018, clarified that funding assistance is available to qualified borrowers for eligible projects as provided by the federal Clean Water Act; in Subsection A, after "provide financial assistance to", deleted "local authorities" and added "qualified borrowers", after "jointly, for", deleted "acquisition, construction or modification of wastewater facilities" and added "eligible projects", after "Wastewater Facility", deleted "Loan", and after "Construction", added "Loan"; and in Subsection B, after "ranking of", deleted "wastewater facility construction" and added "eligible".
NM Stat § 74-6A-10 (2021)
2021 New Mexico Statutes|Chapter 74 - Environmental Improvement|Article 6A - Wastewater Facility Construction Loans|Section 74-6A-10 - Board; duties and powers.

A. The board may issue bonds or refunding bonds pursuant to the Wastewater Facility Construction Loan Act when the commission issues a recommending resolution to the board stating that a bond issue is required to implement the provisions of that act. B. The board may enter into agreements regarding the sale of bonds recommended by the commission, including arrangements for letters of credit, bond insurance or other credit enhancement devices, provided that no agreement shall obligate funds under the control of the commission other than as provided in the Wastewater Facility Construction Loan Act. C. Prior to issuance of bonds recommended by the commission pursuant to the Wastewater Facility Construction Loan Act, the board may adopt regulations related to the issuance of bonds and the expenditure of bond proceeds pursuant to that act. History: Laws 1991, ch. 172, § 8.
NM Stat § 74-6A-11 (2021)
2021 New Mexico Statutes|Chapter 74 - Environmental Improvement|Article 6A - Wastewater Facility Construction Loans|Section 74-6A-11 - Wastewater suspense account created.

A. There is created in the state treasury a fund to be known as the "wastewater suspense account". The proceeds of bonds recommended by the commission and issued and sold by the board pursuant to provisions of the Wastewater Facility Construction Loan Act shall be deposited in the account. The commission shall be the administrator of the account. All expenditures or transfers from the account shall be approved by the commission. Money in the account shall be withdrawn, expended or transferred as necessary to comply with the provisions of the recommending and issuing resolutions for the bonds, the proceeds of which have been deposited in the account, and to fund the provisions of the Wastewater Facility Construction Loan Act and the Clean Water Act. B. Money in the account may be invested according to provisions of Chapter 6, Article 10 NMSA 1978. All interest earned on the investments shall be credited to the account. C. Money in the account shall not revert to the general fund but accrue to the credit of the account. History: Laws 1991, ch. 172, § 9. ANNOTATIONSCross references. — For the federal Clean Water Act of 1977, see 33 U.S.C. § 1251 et seq.
NM Stat § 74-6A-13 (2021)
2021 New Mexico Statutes|Chapter 74 - Environmental Improvement|Article 6A - Wastewater Facility Construction Loans|Section 74-6A-13 - Agreement of the state not to limit or alter rights of obligees.

The state hereby pledges to and agrees with the holders of any bonds or other obligations issued under the Wastewater Facility Construction Loan Act and with those parties who enter into contracts with the commission or with the division pursuant to the provisions of the Wastewater Facility Construction Loan Act, that the state shall not limit, alter, restrict or impair the rights vested in the commission to fulfill the terms of agreements made with the holders of bonds or other obligations recommended and issued pursuant to the Wastewater Facility Construction Loan Act and with the parties who may enter into contracts with the commission pursuant to the Wastewater Facility Construction Loan Act, and that the state shall not limit, alter, restrict, or impair the rights vested in a local authority or in the commission, the board or the division to fulfill the terms of contracts made with the commission or the board and with parties who enter into contracts with such local authorities or with the division acting as agent of the commission pursuant to the Wastewater Facility Construction Loan Act. The state further agrees that it shall not in any way impair the rights or remedies of the holders of such bonds or other obligations of such parties until such bonds and other obligations, together with interest thereon, with interest on any unpaid installment of interest and all costs and expenses in connection with any action or proceeding by or on behalf of such holders, are fully met and discharged and such contracts are fully performed on the part of the commission, the board, the local authorities or the division acting as agent of the commission. Nothing in this subsection precludes such limitation or alteration if and when adequate provision is made by law for the protection of the holders of bonds or other obligations recommended by the commission and issued by the board or those entering into such contracts with the commission, or the commission under any contract with a local authority, or with the division acting as agent for the commission. The commission or the board may include this pledge and undertaking for the state in such bonds or other obligations and in such contracts. History: Laws 1991, ch. 172, § 11.