Chapter 74 — Chapter 74

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 …

The water quality control commission shall be an instrumentality of the state. History: Laws 1991, ch. 172, § 13. ARTICLE 6B Ground Water Protection

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 eligib…

As used in the Wastewater Facility Construction Loan Act: A. "account" means the wastewater suspense account; B. "administrative fee" means a fee assessed and collected by the department from a qualified borrower on each loan and expressed as a percentage per year on the outstand…

administration. A. There is created in the state treasury a revolving loan fund to be known as the "wastewater facility construction loan fund", which shall be administered by the division as agent for the commission and operated as a separate account. The commission is authorize…

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 t…

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 …

A. Financial assistance shall be provided only to qualified borrowers that: (1) meet the requirements for financial capability set by the division to assure sufficient revenues to operate and maintain the eligible project for its useful life, if applicable, and to repay the finan…

A. In administering the Wastewater Facility Construction Loan Act, the commission shall have the following powers, which may be implemented by the division, in addition to those specified in the Water Quality Act [Chapter 74, Article 6 NMSA 1978]: (1) to provide financial assista…

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.

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 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 provisi…

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.

A. Unless provided otherwise in this section, all costs in excess of ten thousand dollars ($10,000) that are necessary to perform a minimum site assessment in accordance with the rules of the board shall be paid from the corrective action fund. B. Payment of the cost of correctiv…

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 NMOneSo…

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 …

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 ta…

As used in the Ground Water Protection Act: A. "above ground storage tank" means a single tank or a combination of tanks, including underground pipes connected thereto, that is used to contain petroleum, including crude oil or any fraction thereof that is liquid at standard condi…

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 g…

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.

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.

expenditures. A. There is created the "corrective action fund". The fund is intended to provide for financial assurance coverage and shall be used by the department to the extent that revenues are available to take corrective action in response to a release, to pay for the costs …

A. An owner or operator of a storage tank from which a release has occurred shall be strictly liable for the owner's, operator's and department's cost of taking corrective action at the site. B. An owner or operator otherwise liable under Subsection A of this section shall not be…

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…

Sections 10 through 20 [74-6C-1 to 74-6C-11 NMSA 1978] of this 2025 act may be cited as the "New Mexico Pollutant Discharge Elimination System Act". History: Laws 2025, ch. 112, § 10.

The New Mexico Pollutant Discharge Elimination System Act does not authorize the commission or department to require a permit that: A. takes away or modifies a property right in water, except that the discharge of a pollutant to waters of the United States without a permit shall …

A. Records, including the names and addresses of permit applicants or permittees, applications, permits, inspections and effluent data, including data relating to discharges and ambient water quality, obtained by the commission or department pursuant to the New Mexico Pollutant D…

As used in the New Mexico Pollutant Discharge Elimination System Act: A. "commission" means the water quality control commission; B. "confidential business information" means business information that a person claims as confidential at the time of submission and that, if made pub…

A. A person shall not discharge a pollutant from a point source to waters of the United States without a permit issued by the department pursuant to the New Mexico Pollutant Discharge Elimination System Act and the program. B. The issuance of a permit does not convey any property…

The commission shall: A. adopt, promulgate and publish rules to implement and administer the program, including the standards, requirements and processes to issue, renew, modify, deny and terminate permits, including rules that are necessary and appropriate to obtain and sustain …

A. For the discharge of a pollutant to waters of the United States, notwithstanding the provisions of Section 70-2-12 NMSA 1978, the department shall administer and enforce rules adopted by the commission pursuant to the New Mexico Pollutant Discharge Elimination System Act. B. T…

A. Whenever the department or attorney general determines that a person violated or is violating or that a violation may occur of any requirement of the New Mexico Pollutant Discharge Elimination System Act, program, permit or rule, the department or attorney general may: (1) iss…

A. A person shall not: (1) discharge a pollutant to waters of the United States without a permit for the discharge issued pursuant to the program; (2) violate an applicable standard, limitation, permit condition or other requirement of a permit issued pursuant to the New Mexico P…

A. An interested person who is affected by a permitting action or compliance order may file a petition for review before the commission. The petition shall: (1) be made in writing to the commission within thirty days from the date notice is given to the applicant or permittee of …

A. A person who is adversely affected by a rule adopted by the commission may appeal to the court of appeals for further relief no later than thirty days after the commission's final action. The date the rule is filed with state records pursuant to the State Rules Act [Chapter 14…

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.

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 o…

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.…

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.

A. No regulations shall be adopted pursuant to the Environmental Compliance Act until after a public hearing by the board. As used in this section, "regulation" includes any amendment or repeal thereof. Hearings on regulations shall be held pertaining to that environmental area w…

The division shall establish guidelines for regulated entities concerning environmental auditing programs pursuant to the rules and regulations adopted in compliance with the Environmental Compliance Act. History: Laws 1983, ch. 29, § 6.

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 pro…

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 Envir…

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.

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. "environmen…

host and state agency duties. A. The host, with the cooperation of the state agencies, shall improve the state's environmental data infrastructure by creating, operating and maintaining the environmental database, which shall be user-friendly, searchable and accessible to the pub…

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 …

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…

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 …

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 …