reglab/statecodes huggingface dataset:
2023 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.
2023 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.
ANNOTATIONS
The 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.
2023 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.
ANNOTATIONS
Court 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).
2023 New Mexico Statutes › Chapter 74 - Environmental Improvement › Article 6 - Water Quality › Section 74-6-14 - Recompiled.

ANNOTATIONS
Recompilations.
— 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.
2023 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.
2023 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.
ANNOTATIONS
Compiler'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.
2023 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.
ANNOTATIONS
The 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."
2023 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.
ANNOTATIONS
The 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.
2023 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.
ANNOTATIONS
The 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".
2023 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.
ANNOTATIONS
Cross 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.
2023 New Mexico Statutes › Chapter 74 - Environmental Improvement › Article 6A - Wastewater Facility Construction Loans › Section 74-6A-6 - Repealed.

ANNOTATIONS
Repeals.
— 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
.
2023 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.
ANNOTATIONS
The 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".
2023 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.
2023 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.
ANNOTATIONS
Cross references.
— For the federal Clean Water Act of 1977,
see
33 U.S.C. § 1251 et seq.
2023 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.
2023 New Mexico Statutes › Chapter 74 - Environmental Improvement › Article 6A - Wastewater Facility Construction Loans › Section 74-6A-14 - Validation.

All outstanding securities of the state and of all qualified borrowers, all loan or other agreements entered into between the state or the division and any qualified borrower, all regulations promulgated by the commission and all acts and proceedings taken by or on behalf of the state or any qualified borrower with respect to the financing of eligible projects are validated, ratified, approved and confirmed. To the extent necessary to carry out its purposes, the commission shall treat any bonds, obligations or agreements of the state or the division that were entered into prior to April 4, 1991 for the purpose of effecting the provisions of the Wastewater Facility Construction Loan Act or the Clean Water Act as if such bonds, obligations or agreements were those recommended by the commission and issued by the board.
History:
Laws 1991, ch. 172, § 12; 2018, ch. 19, § 8.
ANNOTATIONS
Cross references.
— For the federal Clean Water Act of 1977,
see
33 U.S.C. § 1251 et seq.
The 2018 amendment,
effective May 16, 2018, established that all outstanding securities, loan or other agreements, and all acts taken by or on behalf of qualified borrowers with respect to the financing of eligible projects are validated, ratified, approved and confirmed; and replaced "local authority" with "qualified borrower" throughout the section, replaced "wastewater facility" with "eligible project" throughout the section, and after "entered into prior to", deleted "the effective date hereof" and added "April 4, 1991".
2023 New Mexico Statutes › Chapter 74 - Environmental Improvement › Article 6B - Ground Water Protection › Section 74-6B-1 - Short title.

Chapter 74, Article 6B NMSA 1978 may be cited as the "Ground Water Protection Act".
History:
Laws 1990, ch. 124, § 1; 1992, ch. 64, § 1.
ANNOTATIONS
The 1992 amendment,
effective March 9, 1992, substituted "Chapter 74, Article 6B NMSA 1978" for "Sections 1 through 11 of this act".
2023 New Mexico Statutes › Chapter 74 - Environmental Improvement › Article 6B - Ground Water Protection › Section 74-6B-2 - Findings; purpose of act.

A. The legislature recognizes the threat to the public health and safety and the environment resulting from pollution of ground water resources as a result of leaking storage tanks. The legislature also recognizes that some owners and operators of facilities containing storage tanks cannot take corrective action without placing their businesses in serious financial jeopardy.
B. The legislature finds that, because New Mexico is large in area and sparsely populated in some regions, it is in the public interest to take corrective action at contaminated sites so that fuel will continue to be readily available.
C. The purpose of the Ground Water Protection Act is to provide substantive provisions and funding mechanisms to the extent that funds are available to enable the state to take corrective action at sites contaminated by leakage from storage tanks.
History:
Laws 1990, ch. 124, § 2; 1995, ch. 6, § 15; 2001, ch. 325, § 12.
ANNOTATIONS
The 2001 amendment,
effective July 1, 2001, deleted "underground" preceding "storage tanks" throughout the section.
The 1995 amendment,
effective June 16, 1995, substituted "some owners" for "the owners" in Subsection A, substituted "to the extent that funds are available to enable" for "that will enable" in Subsection C, and made a minor stylistic change.
2023 New Mexico Statutes › Chapter 74 - Environmental Improvement › Article 6B - Ground Water Protection › Section 74-6B-4 - Storage tank committee; creation; terms; powers and duties.

A. An advisory committee to be known as the "storage tank committee" is created. It shall consist of seven members:
(1) the secretary or his designee; and
(2) six members to be appointed by and to serve at the pleasure of the governor and to be chosen from the following groups, with no more than one member from each group:
(a) fire protection districts;
(b) elected local government officials;
(c) wholesalers of motor fuels;
(d) independent retailers of motor fuels;
(e) individuals knowledgeable about corrective actions in connection with leaking storage tanks; and
(f) private citizens or interest groups.
B. Except for the initial terms of the members, the term of the appointed members shall be three years. For the purpose of staggering subsequent appointments, the initial terms of the six appointed members shall be: two for one year; two for two years; and two for three years. Members shall serve until their successors are appointed. Vacancies occurring in the membership of an appointed member shall be filled by the governor for the remainder of the unexpired term.
C. The committee may:
(1) recommend proposed rules to the board or the secretary;
(2) establish procedures, practices and policies governing the committee's activities;
(3) review corrective actions of the department and submit comments to the secretary; and
(4) review payments from the corrective action fund and submit its comments on the payments to the secretary, except payments made pursuant to Section 74-6B-13 NMSA 1978.
D. Members of the committee shall receive reimbursement for expenses incurred in the performance of their duties pursuant to the Per Diem and Mileage Act [10-8-1 to 10-8-8 NMSA 1978] and shall receive no other compensation, perquisite or allowance. Expenditures for this purpose shall be made from the storage tank fund.
History:
Laws 1990, ch. 124, § 4; 1992, ch. 64, § 3; 2001, ch. 325, § 14.
ANNOTATIONS
The 2001 amendment,
effective July 1, 2001, deleted "underground" preceding "storage tank" and "storage tanks" throughout the section; in Subsection C, substituted "may" for "shall and is authorized to" following "committee", deleted "proposed" preceding "corrective actions" in Paragraph C(3) and preceding "payments" twice in Paragraph C(4); and made stylistic changes.
The 1992 amendment,
effective March 9, 1992, substituted "secretary" for "director of the division" in Subsection A(1); substituted "successors are" for "successor is" in the last sentence of Subsection B; substituted "board or the secretary" for "environmental improvement board" in Subsection C(1); substituted "department" for "division" and "secretary" for "director of the division" in Subsection C(3); and substituted "secretary except payments made pursuant to Section 74-6B-13 NMSA 1978" for "director of the division" in Subsection C(4).
Am. Jur. 2d, A.L.R. and C.J.S. references.
— State and local government control of pollution from underground storage tanks, 11 A.L.R.5th 388.
2023 New Mexico Statutes › Chapter 74 - Environmental Improvement › Article 6B - Ground Water Protection › Section 74-6B-5 - Department's right of entry and inspection.

The department has all rights of entry and inspection necessary to administer and enforce the Ground Water Protection Act as it has under Section 74-4-4.3 NMSA 1978.
History:
Laws 1990, ch. 124, § 5; 1992, ch. 64, § 4.
ANNOTATIONS
The 1992 amendment,
effective March 9, 1992, substituted "Department's" for "Division's" in the section catchline and "department" for "division" near the beginning of the section.
2023 New Mexico Statutes › Chapter 74 - Environmental Improvement › Article 6B - Ground Water Protection › Section 74-6B-6 - Civil liability for damage to property from leaking storage tank.

Nothing in the Ground Water Protection Act prohibits any existing or future claim for relief a person may have as a result of damages sustained because of a release from a storage tank.
History:
Laws 1990, ch. 124, § 6; 2001, ch. 325, § 15.
ANNOTATIONS
The 2001 amendment,
effective July 1, 2001, deleted "underground" preceding "storage tank".
Am. Jur. 2d, A.L.R. and C.J.S. references.
— Tort liability for pollution from underground storage tank, 5 A.L.R.5th 1.
Application of statute of limitations in private tort actions based on injury to persons or property caused by undergound flow of contaminants, 11 A.L.R.5th 438.
2023 New Mexico Statutes › Chapter 74 - Environmental Improvement › Article 6B - Ground Water Protection › Section 74-6B-9 - Storage tank fee; deposit in storage tank fund.

On July 1 of each year, there is due from and shall be paid by either the owner or the operator a fee of one hundred dollars ($100) for each storage tank owned or operated. The fees shall be paid to the department and deposited in the storage tank fund created in Section 74-4-4.8 NMSA 1978.
History:
Laws 1990, ch. 124, § 9; 1992, ch. 64, § 7; 2001, ch. 325, § 18.
ANNOTATIONS
The 2001 amendment,
effective July 1, 2001, deleted "underground" preceding "storage tank" throughout the section; and substituted "Section 74-4-4.8" for Section 74-4-4.6".
The 1992 amendment,
effective March 9, 1992, deleted "of an underground storage tank" following "operator" in the first sentence; and substituted "department" for "division" in the second sentence.
2023 New Mexico Statutes › Chapter 74 - Environmental Improvement › Article 6B - Ground Water Protection › Section 74-6B-10 - Act does not create insurance company or fund.

Nothing in the Ground Water Protection Act creates an insurance company or an insurance fund. The corrective action fund is not subject to the provisions of the Insurance Code.
History:
Laws 1990, ch. 124, § 10.
ANNOTATIONS
Cross references.
— For the Insurance Code,
see
59A-1-1 NMSA 1978 and notes thereto.
2023 New Mexico Statutes › Chapter 74 - Environmental Improvement › Article 6B - Ground Water Protection › Section 74-6B-11 - Repealed.

ANNOTATIONS
Repeals.
— Laws 1993, ch. 298, § 5 repealed 74-6B-11 NMSA 1978, as enacted by Laws 1990, ch. 124, § 11, providing an incentive program to encourage early detection, reporting and clean up of releases from underground storage tanks, effective April 7, 1993. For provisions of former section,
see
the 1992 NMSA 1978 on
NMOneSource.com
.
2023 New Mexico Statutes › Chapter 74 - Environmental Improvement › Article 6B - Ground Water Protection › Section 74-6B-12 - Repealed.

ANNOTATIONS
Repeals.
— Laws 2001, ch. 325, § 20 repealed 74-6B-12 NMSA 1978, as enacted by Laws 1991, ch. 260, § 1, creating an early response team, effective July 1, 2001. For provisions of former section,
see
the 2000 NMSA 1978 on
NMOneSource.com
.
2023 New Mexico Statutes › Chapter 74 - Environmental Improvement › Article 6B - Ground Water Protection › Section 74-6B-13.1 - Repealed.

ANNOTATIONS
Repeals.
— Laws 2001, ch. 325, § 20 repealed 74-6B-13.1 NMSA 1978, as enacted by Laws 1995, ch. 6, § 19, a temporary provision concerning funding of the corrective action fund, effective July 1, 2001. For provisions of former section,
see
the 2000 NMSA 1978 on
NMOneSource.com
.
2023 New Mexico Statutes › Chapter 74 - Environmental Improvement › Article 6B - Ground Water Protection › Section 74-6B-14 - State liability; insufficient balance in the fund.

Nothing in the Ground Water Protection Act establishes or creates any liability or responsibility on the part of the department or the state to pay corrective action costs from any source other than the corrective action fund, in the manner described, nor shall the department or the state have any liability or responsibility to make any payments for corrective action costs if the balance in the fund is insufficient to cover those costs.
History:
1978 Comp., § 74-6B-14, enacted by Laws 1992, ch. 64, § 11.
ANNOTATIONS
Am. Jur. 2d, A.L.R. and C.J.S. references.
— Application of statute of limitations in private tort actions based on injury to persons or property caused by underground flow of contaminants, 11 A.L.R.5th 438.
2023 New Mexico Statutes › Chapter 74 - Environmental Improvement › Article 7 - Environmental Compliance › Section 74-7-1 - Short title.

This act [74-7-1 to 74-7-8 NMSA 1978] may be cited as the "Environmental Compliance Act".
History:
Laws 1983, ch. 29, § 1.
ANNOTATIONS
Cross references.
— For general provisions on environmental improvement,
see
Chapter 74, Article 1 NMSA 1978.
Am. Jur. 2d, A.L.R. and C.J.S. references.
— 61A Am. Jur. 2d Pollution Control § 1 et seq.
Standing to sue for violation of state environmental regulatory statute, 66 A.L.R.4th 685.
What constitutes "suit" triggering insurer's duty to defend environmental claims-state cases, 48 A.L.R.5th 355.
39A C.J.S. Health & Environment § 1 et seq.
2023 New Mexico Statutes › Chapter 74 - Environmental Improvement › Article 7 - Environmental Compliance › Section 74-7-2 - Purpose of act.

The purpose of the Environmental Compliance Act is to foster a sensitivity to the environment, to improve industry's compliance with environmental regulations that seek to maintain the delicate ecological balance while still pursuing the industrial and technological development of New Mexico, to implement a systematic procedure to review compliance with environmental regulations and to improve the environmental regulatory process by enhancing communication between industry and regulatory agencies.
History:
Laws 1983, ch. 29, § 2.
2023 New Mexico Statutes › Chapter 74 - Environmental Improvement › Article 7 - Environmental Compliance › Section 74-7-3 - Definitions.

As used in the Environmental Compliance Act:
A. "board" means the environmental improvement board;
B. "director" means the director of the division;
C. "division" means the environmental improvement division of the health and environment department [department of environment];
D. "environmental audit" means a systematic assessment, analysis and evaluation by a regulated entity of its compliance with environmental laws and regulations administered by the board and the division, applicable to its operation; and
E. "regulated entity" means any person, partnership, corporation, firm, association, governmental or other entity organized and engaging in any business or activity in the state which deals with or has an impact on the environment of this state or which must by law comply with federal or state environmental protection regulations.
History:
Laws 1983, ch. 29, § 3.
ANNOTATIONS
Bracketed material.
— The bracketed reference to the department of environment was inserted by the compiler, as Laws 1991, ch. 25, § 4 establishes the department of environment and provides that all references to the environmental improvement division of the health and environment department shall be construed to mean the department of environment. The bracketed material was not enacted by the legislature, and it is not part of the law.
2023 New Mexico Statutes › Chapter 74 - Environmental Improvement › Article 7 - Environmental Compliance › Section 74-7-4 - Board; duties.

The duties of the board are to:
A. develop and maintain regulations and standards regarding environmental auditing programs; and
B. promulgate other regulations as necessary to carry out the provisions of the Environmental Compliance Act.
History:
Laws 1983, ch. 29, § 4.
2023 New Mexico Statutes › Chapter 74 - Environmental Improvement › Article 7 - Environmental Compliance › Section 74-7-7 - Regulated entities; environmental auditing programs.

Regulated entities may in cooperation with the division develop environmental auditing programs in compliance with the rules and regulations adopted pursuant to the Environmental Compliance Act and may then apply to the division for certification. These environmental auditing programs shall be reviewed by the division and, upon a determination of compliance with established rules and regulations, shall be certified.
History:
Laws 1983, ch. 29, § 7.
2023 New Mexico Statutes › Chapter 74 - Environmental Improvement › Article 7 - Environmental Compliance › Section 74-7-8 - Board and division; incentives.

Regulated entities shall be allowed a reasonable time as determined by the division to correct any potential problem areas identified in the environmental auditing process. The board and division shall develop incentives to encourage regulated entities to participate in the Environmental Compliance Act.
History:
Laws 1983, ch. 29, § 8.
2023 New Mexico Statutes › Chapter 74 - Environmental Improvement › Article 7A - Environmental Database › Section 74-7A-1 - Short title.

This act [74-7A-1 to 74-7A-4 NMSA 1978] may be cited as the "Environmental Database Act".
History:
Laws 2021, ch. 121, § 1.
ANNOTATIONS
Effective dates.
— Laws 2021, ch. 121 contained no effective date provision, but, pursuant to N.M. Const., art. IV, § 23, was effective June 18, 2021, 90 days after adjournment of the legislature.
2023 New Mexico Statutes › Chapter 74 - Environmental Improvement › Article 7A - Environmental Database › Section 74-7A-2 - Definitions.

As used in the Environmental Database Act:
A. "environmental data" means geospatial data relating to the environmental resources in the state specified in Paragraphs (1) through (8) of Subsection D of Section 3 [74-7A-3 NMSA 1978] of the Environmental Database Act;
B. "environmental database" means the centralized, map-based, searchable website created pursuant to the Environmental Database Act that houses the state's environmental data;
C. "host" means the natural heritage New Mexico division of the museum of southwestern biology at the university of New Mexico; and
D. "state agency" means the energy, minerals and natural resources department, the department of environment, the state land office, the department of health, the department of game and fish, the public regulation commission and the historic preservation division of the cultural affairs department.
History:
Laws 2021, ch. 121, § 2.
ANNOTATIONS
Effective dates.
— Laws 2021, ch. 121 contained no effective date provision, but, pursuant to N.M. Const., art. IV, § 23, was effective June 18, 2021, 90 days after adjournment of the legislature.
2023 New Mexico Statutes › Chapter 74 - Environmental Improvement › Article 7A - Environmental Database › Section 74-7A-4 - Protection of confidential information.

Nothing in the Environmental Database Act shall require disclosure by a state agency of:
A. information that is confidential by state or federal law;
B. sensitive biological information that cannot be made publicly available for the protection of species;
C. information required to remain confidential for safety or security reasons;
D. archaeological or cultural survey information, unless the information is already publicly available or, if the information is of cultural significance to an Indian nation, tribe or pueblo, the disclosure is done with permission from the relevant Indian nation, tribe or pueblo; or
E. information that is not already provided to a state agency pursuant to rule or law.
History:
Laws 2021, ch. 121, § 4.
ANNOTATIONS
Effective dates.
— Laws 2021, ch. 121 contained no effective date provision, but, pursuant to N.M. Const., art. IV, § 23, was effective June 18, 2021, 90 days after adjournment of the legislature.
2023 New Mexico Statutes › Chapter 74 - Environmental Improvement › Article 8 - Solid Waste Incineration › Section 74-8-1 - Solid waste incineration prohibited.

No solid waste shall be disposed of by incineration in New Mexico until the environmental improvement board adopts regulations under the provisions of Section 74-2-5.2 NMSA 1978. As used in this section:
A. "solid waste" means solid waste as defined in the Solid Waste Act [74-9-1 to 74-9-43 NMSA 1978]; and
B. "incineration" means the process of reducing combustible solid waste designed to achieve complete combustion by means of a device or chamber.
History:
Laws 1989, ch. 279, § 1; 1990, ch. 99, § 70.
ANNOTATIONS
Cross references.
— For the Solid Waste Act,
see
74-9-1 NMSA 1978 and notes thereto.
2023 New Mexico Statutes › Chapter 74 - Environmental Improvement › Article 8 - Solid Waste Incineration › Section 74-8-2 - Disposal of incinerator ash prohibited.

No bottom, fly or combined ash from any incinerator located inside or outside New Mexico shall be disposed of at any solid waste landfill in New Mexico until such time as the environmental improvement board adopts regulations proposed by the environmental improvement division of the health and environment department [department of environment]. These regulations shall prescribe that incinerator ash be managed as solid, special or hazardous waste.
History:
Laws 1989, ch. 279, § 2.
ANNOTATIONS
Bracketed material.
— The bracketed material was inserted by the compiler and is not part of the law. Laws 1991, ch. 25, § 4 established the department of environment and provided that all references to the environmental improvement division of the health and environment department shall be construed to mean the department of environment.
2023 New Mexico Statutes › Chapter 74 - Environmental Improvement › Article 8 - Solid Waste Incineration › Section 74-8-3 - Exemptions.

A. Medical waste incinerators incinerating less than three tons per day and medical waste incinerators that were in operation as of July 1, 1989, are exempt from the provisions of Sections 74-8-1 and 74-8-2 NMSA 1978. Utility boilers that do not use solid waste as a primary fuel are exempt.
B. The prohibitions set forth in Sections 74-8-1 and 74-8-2 NMSA 1978 shall not apply to incinerators or the disposal of ash from incinerators that have interim status pursuant to the Hazardous Waste Act [Chapter 74, Article 4 NMSA 1978] and for which a permit application has been made under Section 74-4-4.2 NMSA 1978 to the environmental improvement division of the health and environment department [department of environment] prior to January 1, 1989.
History:
Laws 1989, ch. 279, § 3; 1990, ch. 99, § 71.
ANNOTATIONS
Bracketed material.
— The bracketed material was inserted by the compiler and is not part of the law. Laws 1991, ch. 25, § 4 established the department of environment and provided that all references to the environmental improvement division of the health and environment department shall be construed to mean the department of environment.
2023 New Mexico Statutes › Chapter 74 - Environmental Improvement › Article 9 - Solid Waste Act › Section 74-9-1 - Short title.

Sections 1 through 42 and 72 and 73 of this act may be cited as the "Solid Waste Act".
History:
Laws 1990, ch. 99, § 1.
ANNOTATIONS
Compiler's notes.
— The phrase "this act", referred to in this section, means Laws 1990, ch. 99, sections 1 to 42 and 72 and 73 of which constitute the Solid Waste Act. Sections 1 to 42 appear as 74-9-1 to 74-9-42 NMSA 1978 and Sections 72 and 73 are a severability clause and a saving clause respectively, which are noted under 74-9-42 and 74-9-1 NMSA 1978, respectively.
Law reviews.
— For article, "Rights of New Mexico Municipalities Regarding the Siting and Operation of Privately Owned Landfills," see 21 N.M.L. Rev. 149 (1990).
For article, "The New Mexico Solid Waste Act: A Beginning for Control of Municipal Solid Waste in the Land of Enchantment," see 21 N.M.L. Rev. 167 (1990).
For article, "Strict Liability Under the New Mexico Solid Waste Act: A Comparison with CERCLA," see 21 N.M.L. Rev. 195 (1990).
2023 New Mexico Statutes › Chapter 74 - Environmental Improvement › Article 9 - Solid Waste Act › Section 74-9-2 - Purposes.

The purposes of the Solid Waste Act are to:
A. authorize and direct the establishment of a comprehensive solid waste management program;
B. provide technical, financial and program development assistance to counties and municipalities for solid waste management;
C. enhance the beauty and quality of the environment; conserve, recover and recycle resources; and protect the public health, safety and welfare;
D. plan for and regulate, in the most economically feasible, cost-effective and environmentally safe manner, the reduction, storage, collection, transportation, separation, processing, recycling and disposal of solid waste;
E. provide the opportunity and incentive for counties and municipalities to plan adequately and provide for cost-effective and environmentally safe solid waste management at the local level;
F. require issuance of permits for the construction, operation and, if applicable, closure and postclosure maintenance of solid waste facilities;
G. promote source reduction, recycling, reuse, treatment and transformation of solid waste as viable alternatives to disposal of those wastes by landfill disposal methods; and
H. require the state and its agencies, instrumentalities and political subdivisions to develop procurement policies that aid and promote the development of recycling recyclable materials.
History:
Laws 1990, ch. 99, § 2.
ANNOTATIONS
Denial of landfill permit based on public opposition.
— The Environmental Improvement Act and the Solid Waste Act do not require the secretary to deny a landfill permit based on public opposition.
Colonias Dev. Council v. Rhino Envtl. Svcs., Inc.
, 2005-NMSC-024, 138 N.M. 133, 117 P.3d 939.
2023 New Mexico Statutes › Chapter 74 - Environmental Improvement › Article 9 - Solid Waste Act › Section 74-9-4 - Plan; requirement.

As a basis for developing a comprehensive solid waste management program, the director shall prepare and submit to the board for approval a solid waste management plan no later than December 31, 1992. The plan shall be comprehensive and integrated and shall include consideration of the following activities with the priorities indicated:
A. first, source reduction and recycling;
B. second, environmentally safe transformation; and
C. third, environmentally safe landfill disposal.
History:
Laws 1990, ch. 99, § 4; 1991, ch. 194, § 1.
ANNOTATIONS
The 1991 amendment,
effective June 14, 1991, substituted "December 31, 1992" for "December 31, 1991" at the end of the first sentence.
2023 New Mexico Statutes › Chapter 74 - Environmental Improvement › Article 9 - Solid Waste Act › Section 74-9-5 - Plan; effect.

The plan approved by the board shall be effective thirty days after its approval and shall be filed under the provisions of Section 14-4-4 NMSA 1978. Consistency with the plan shall be required:
A. of any regulation adopted by the board under the provisions of the Solid Waste Act;
B. in any action taken by the director under authority contained in the Solid Waste Act; and
C. as a condition of approval of any application by a county or municipality for a grant under the provisions of the Solid Waste Act.
History:
Laws 1990, ch. 99, § 5.
ANNOTATIONS
2023 New Mexico Statutes › Chapter 74 - Environmental Improvement › Article 9 - Solid Waste Act › Section 74-9-9 - Board review and modification of initial regulations after approval of plan.

After approval of the plan, the board shall review the initial solid waste regulations adopted under Section 8 [74-9-8 NMSA 1978] of the Solid Waste Act and make any modifications necessary to make the regulations consistent with the plan.
History:
Laws 1990, ch. 99, § 9.
2023 New Mexico Statutes › Chapter 74 - Environmental Improvement › Article 9 - Solid Waste Act › Section 74-9-10 - Board adoption of regulations for source reduction and recycling programs.

After its approval of the plan, the board shall adopt regulations to establish source reduction and recycling programs consistent with the source reduction and recycling element of the plan and designed to meet the schedule for goal achievement provided in Subsection J of Section 6 [74-9-6 NMSA 1978] of the Solid Waste Act.
History:
Laws 1990, ch. 99, § 10.