Chapter 74 — Chapter 74

History: Laws 1996, ch. 37, § 7; repealed by Laws 2007, ch. 319, § 67.

History: Laws 1996, ch. 37, § 8; repealed by Laws 2007, ch. 319, § 67.

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. ARTICLE 4H San Juan Generating Station Facility and Mine Remediation and Restorati…

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…

ANNOTATIONS Repeals. — Laws 1979, ch. 82, § 3, repealed 74-5-2 NMSA 1978, as enacted by Laws 1977, ch. 384, § 2, relating to restrictions on the sale of certain aerosol products, effective March 16, 1979. ARTICLE 6 Water Quality

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…

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.

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…

A. The commission by regulation may require every applicant for a permit to dispose or use septage or sludge, or within a source category designated by the commission, to file with the appropriate constituent agency a disclosure statement. The disclosure statement shall be submit…

There is created as a nonreverting fund in the state treasury the "water quality management fund" to be administered by the department. The fund consists of appropriations, gifts, grants, donations and money received by the department. All fees collected pursuant to Section 74-6-…

A. The "neglected and contaminated sites fund" is created as a nonreverting fund in the state treasury. The fund consists of appropriations, gifts, grants, donations and money received by the department. Unless otherwise required by law, money received or recovered by the state b…

A. No regulation or water quality standard or amendment or repeal thereof shall be adopted until after a public hearing. B. Any person may petition in writing to have the commission adopt, amend or repeal a regulation or water quality standard. The commission shall determine whet…

A. Except as otherwise provided in the Water Quality Act, a person who is adversely affected by a regulation adopted by the commission or by a compliance order approved by the commission or who participated in a permitting action or appeal of a certification before the commission…

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.

Each constituent agency may: A. receive and expend funds appropriated, donated or allocated to the constituent agency for purposes consistent with the Water Quality Act; B. develop facts and make studies and investigations and require the production of documents necessary to carr…

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.

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 a…

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 th…

A. The board, upon recommendation from the commission, may issue and sell bonds or other obligations recommended by the commission to provide funds for any purpose enumerated in the Wastewater Facility Construction Loan Act or for payment of obligations incurred or temporary loan…

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 th…