Chapter 74, Chapter 74

A. The task force shall negotiate for the state with the federal government in all areas relating to siting, licensing and operation of new federal disposal facilities, including research, development and demonstration, for high-level radioactive wastes, transuranic radioactive w…

A. The task force may make procedural rules deemed necessary to carry out the provisions of Section 74-4A-7 NMSA 1978. B. The task force may solicit and accept grants from federal or private sources for projects and undertakings that further the purposes of Section 74-4A-7 NMSA 1…

There is created a joint interim legislative committee which shall be known as the "radioactive and hazardous materials committee". The committee shall function from the date of its appointment. History: Laws 1979, ch. 380, § 8; 1983, ch. 22, § 2; 1986, ch. 61, § 6; 1991, ch. 2, …

1978. Cross references. — For Voluntary Remediation Act, see Chapter 74, Article 4G NMSA 1978. The 2007 amendment, effective July 1, 2007, changed the statutory reference and the title of the act. Am. Jur. 2d, A.L.R. and C.J.S. references. — Standing to sue for violation of state…

This act [74-4C-1 to 74-4C-4 NMSA 1978] may be cited as the "Hazardous Waste Feasibility Study Act". History: Laws 1985 (1st S.S.), ch. 4, § 1.

A. The legislature recognizes that there is a growing need to identify the magnitude of hazardous waste generation in New Mexico and sites at which materials classified as hazardous wastes can be treated or disposed of. The selection of sites for such hazardous waste activities i…

As used in the Hazardous Waste Feasibility Study Act: A. "committee" means the radioactive materials committee [radioactive and hazardous materials committee]; B. "division" means the environmental improvement division of the health and environment department [department of envir…

A. The committee, after consultation with the division as to the scope of the study, shall contract with public or private entities to study the magnitude of the problem of hazardous waste generation and disposal in New Mexico, including current and projected hazardous waste gene…

Chapter 74, Article 4E NMSA 1978 may be cited as the "Hazardous Chemicals Information Act". History: Laws 1989, ch. 149, § 1; 2007, ch. 291, § 32.

The purpose of the Hazardous Chemicals Information Act is to ensure that current information on the nature and location of hazardous chemicals is available to local emergency planning committees, emergency responders and the public as required by Title III. History: Laws 1989, ch…

As used in the Hazardous Chemicals Information Act: A. "commission" means the state emergency response commission; B. "department" means the homeland security and emergency management department; C. "emergency responder" means any law enforcement officer, firefighter, medical ser…

immunity granted. A. The "state emergency response commission" is created. The commission shall consist of seven members who shall be qualified voters of the state of New Mexico. All members shall be appointed by the governor. Among the members appointed, there shall be represent…

A. Any facility owner or operator who is required by any section of Title III to file a written notice or report to the commission shall file that notice or report on or before the required deadline with the department. With the exception of the written follow-up emergency notice…

promulgated. A. The department shall make information, not defined as confidential, gathered under Section 5 [74-4E-5 NMSA 1978] of the Hazardous Chemicals Information Act available to any citizen of the state upon written request. B. The department shall promulgate policies and …

distribution. A. Any facility owner or operator required to file an inventory form covering a hazardous material as required in Paragraph (3) of Subsection A of Section 5 [74-4E-5 NMSA 1978] of the Hazardous Chemicals Information Act shall pay at the time of filing a fee of twent…

After July 1, 1990, any facility owner or operator who knowingly, willfully, and intentionally fails to file any notice, form or report or to pay any fee required by the Hazardous Chemicals Information Act [74-4E-1 to 74-4E-9 NMSA 1978] shall pay a civil penalty no greater than f…

Chapter 74, Article 4G NMSA 1978 may be cited as the "Voluntary Remediation Act". History: Laws 1997, ch. 38, § 1; 2006, ch. 62, § 1.

A person who maintains indicia of ownership primarily to protect a security interest in a site that is the subject of a voluntary remediation agreement, who does not participate in the management of the site and is not in control of or does not have responsibility for daily opera…

The "voluntary remediation fund" is created in the state treasury. The fund shall be administered by the department. All fees and oversight payments collected pursuant to the regulations adopted by the secretary of environment pursuant to the provisions of the Voluntary Remediati…

A. The "brownfields cleanup revolving loan fund" is created in the state treasury. The fund shall be comprised of money from a grant from the environmental protection agency, repayments of loans and interest and income accruing on the balance of the fund. The department may make …

If any part or application of the Voluntary Remediation Act is held invalid, the remainder or its application to other situations or persons shall not be affected. History: Laws 1997, ch. 38, § 12.

The purpose of the Voluntary Remediation Act is to provide incentives for the voluntary assessment and remediation of contaminated property, with state oversight, and to remove future liability of lenders and landowners. History: Laws 1997, ch. 38, § 2.

As used in the Voluntary Remediation Act: A. "applicable standards" means federal, state or local standards, requirements, criteria or limitations that are legally applicable to the facility; B. "applicant" means a person that elects to submit an application to participate and en…

The department shall adopt and promulgate rules and regulations necessary to implement the provisions of the Voluntary Remediation Act. The rules and regulations shall provide for, among other things, the amount of the nonrefundable application fee and a schedule for the cost of …

A. To be eligible for a voluntary remediation agreement an applicant must: (1) own the site; (2) operate a facility located on the site; (3) be a prospective owner of the site; or (4) be a prospective operator of a facility at the site. B. An applicant shall pay at the time of su…

A. After the department determines that an applicant is eligible, the secretary of environment may enter into a voluntary remediation agreement for remediation of the site that sets forth the terms and conditions of the department's evaluation and implementation of the oversight …

If the department determines that a participant has successfully complied with the voluntary remediation agreement and the site conditions meet applicable standards, the department shall issue the participant a certificate of completion. History: Laws 1997, ch. 38, § 7.

A. After the department issues a certificate of completion for a site, the secretary of environment shall provide a covenant not to sue to a purchaser of the site that did not contribute to the site contamination for any direct liability, including future liability for claims bas…

Nothing in this chapter shall prohibit the secretary of environment from rescinding a certificate of completion or a covenant not to sue if the department determines that: A. contamination addressed in the agreement is, with reasonable evidence, an unreasonable threat to human he…

This act [74-4H-1 to 74-4H-4 NMSA 1978] may be cited as the "San Juan Generating Station Facility and Mine Remediation and Restoration Study Act". History: Laws 2023, ch. 185, § 1.

As used in the San Juan Generating Station Facility and Mine Remediation and Restoration Study Act: A. "generating facility" means the abandoned coal-fired San Juan generating station in New Mexico; B. "mine" means the mine associated with the generating facility; C. "reclamation…

contents; reporting requirements. A. The energy, minerals and natural resources department and the department of environment shall coordinate efforts to: (1) contract for a comprehensive study of the generating facility and mine to determine if there has been any environmental co…

assist in the remediation and restoration study. The energy, minerals and natural resources department and the department of environment are authorized to contract with environmental engineers, hydrologists, geochemists and other professionals or consultants as needed to perform …

The legislature finds: A. that the deliberate inhalation of certain aerosol products has become so widespread in this state, particularly among children and young adults from low-income backgrounds, that it is now a leading drug problem in some areas; that an increasing number of…

Chapter 74, Article 6 NMSA 1978 may be cited as the "Water Quality Act". History: 1953 Comp., § 75-39-1, enacted by Laws 1967, ch. 190, § 1; 1993, ch. 291, § 1.

assurance of discontinuance. A. Whenever, on the basis of any information, a constituent agency determines that a person violated or is violating a requirement, regulation or water quality standard adopted pursuant to the Water Quality Act or a condition of a permit issued pursua…

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) pe…

A. No person shall: (1) discharge any water contaminant without a permit for the discharge, if a permit is required, or in violation of any condition of a permit for the discharge from the federal environmental protection agency, the commission or a constituent agency designated …

A. Liability for the prevention or abatement of water pollution exists if there has been an actual or threatened release of a water contaminant that causes the requirement for response or remediation, or the incurrence of response or remediation costs. Responsible parties may be …

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 co…

A. The Water Quality Act does not grant to the commission or to any other entity the power to take away or modify the property rights in water, nor is it the intention of the Water Quality Act to take away or modify such rights. B. The Water Quality Act does not apply to an activ…

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 o…

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 ava…

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 …

The water quality control commission is terminated on July 1, 2035 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, 2036. Effective July 1, 2036, Sectio…

As used in the Water Quality Act: A. "abatement costs" means costs incurred in accordance with an abatement plan prepared and approved in accordance with rules adopted by the commission; B. "aquatic resources" means wetlands, streams, lakes, rivers and other bodies of water, ripa…

effective July 1, 2036.) A. There is created the "water quality control commission" consisting of: (1) the secretary of environment or a member of the secretary's staff designated by the secretary; (2) the secretary of health or a member of the secretary's staff designated by the…

A. In the exercise of any of its powers or duties, the water quality control commission shall act with independent legal advice. The manner in which such advice is provided shall be determined by the commission, but from among one of the following: (1) the office of the attorney …

1, 2036.) The commission: A. may accept and supervise the administration of loans and grants from the federal government and from other sources, public or private, which loans and grants shall not be expended for purposes other than those provided; B. shall adopt a comprehensive …

A. By rule, the commission may require a person to obtain from a constituent agency designated by the commission a permit or general permit coverage for the discharge of a water contaminant or for the disposal or reuse of septage or sludge. B. The commission shall adopt rules est…