Chapter 74, Article 1 NMSA 1978 may be cited as the “Environmental Improvement Act”. History: 1953 Comp., § 12-19-1, enacted by Laws 1971, ch. 277, § 1; recompiled as 1953 Comp., § 12-12-1 by Laws 1972, ch. 51, § 9; 1973, ch. 340, § 1; 1997, ch. 139, § 1. ANNOTATIONS Cross references. — For […]
A. A person who violates any regulation of the board is guilty of a petty misdemeanor. This section does not apply to any regulation for which a criminal penalty is otherwise provided by law. B. Whenever, on the basis of any information, the secretary determines that a person has violated, is violating or threatens to […]
A. It is unlawful for an owner or operator of a public water system subject to the Environmental Improvement Act and applicable rules or an owner’s or operator’s agent to: (1) knowingly make a false statement, representation, certification or omission of fact material to the protection of public health as related to a public water […]
ANNOTATIONS Repeals. — Laws 1989, ch. 223, § 4 repealed 74-1-11 NMSA 1978, as enacted by Laws 1989, ch. 223, § 3, relating to creation of the water supply fund, effective July 1, 1992.
The purpose of this section and Section 74-1-13 NMSA 1978 is to provide: A. an incentive for conservation of water, the state’s most precious resource; and B. funding for certain locations in the state to comply with the federal Safe Drinking Water Act in which the United States congress mandated that the United States environmental […]
A. There is imposed on every person who operates a public water supply system a water conservation fee in an amount equal to three cents ($.03) per thousand gallons of water produced on which the fee imposed by this subsection has not been paid. B. The “water conservation fund” is created in the state treasury […]
A. The department of environment shall test nontransient noncommunity water systems for arsenic, fluoride and radionuclides and adopt rules for reporting and public notification for those contaminants comparable to reporting and notification requirements for community water systems. Money in the water conservation fund may be used to fulfill the requirements of this subsection. B. As […]
Nothing in Chapter 74, Article 1 NMSA 1978 limits or is intended to limit the authority of any county or municipality to adopt and enforce requirements related to on-site liquid waste systems that are at least as stringent as those in that article; provided, however, that the county or municipality has, on staff or under […]
History: Laws 2000, ch. 96, § 3; 2009, ch. 203, § 2; repealed by Laws 2020, ch. 32, § 8. ANNOTATIONS Repeals. — Laws 2020, ch. 32, § 8 repealed 74-1-15 NMSA 1978, as enacted by Laws 2000, ch. 96, § 3, relating to liquid waste fund created, effective May 20, 2020. For provisions of […]
A. The “liquid waste disposal system assistance fund” is created in the state treasury. The department shall administer the fund. The fund may be composed of appropriations and transfers of money earned from investment of the fund and otherwise accruing to the fund and transfers of money from the environmental health fund not to exceed […]
A. The “environmental health fund” is created in the state treasury. The fund consists of fees collected from the regulation of on-site liquid waste systems and water recreation facilities pursuant to the Environmental Improvement Act, food establishments pursuant to the Food Service Sanitation Act [Chapter 25, Article 1 NMSA 1978] and hemp pursuant to the […]
The board may assess an annual fee not to exceed one hundred fifty dollars ($150) on the owner or operator of a public swimming pool, public spa or other public water recreation facility to defray the cost of administering and enforcing rules adopted in accordance with the Environmental Improvement Act pertaining to public water recreation […]
The “nuclear workers assistance fund” is created in the state treasury. The fund shall consist of money earned from investment of the fund and otherwise accruing to the fund and up to one-half of one percent of any award for an initial claim, including a claim for medical benefits, filed by the department on behalf […]
The board shall promulgate all regulations applying to persons and entities outside of the department. History: 1953 Comp., § 12-19-6, enacted by Laws 1971, ch. 277, § 6; recompiled as 1953 Comp., § 12-12-6 by Laws 1972, ch. 51, § 9; 1973, ch. 340, § 3; 1997, ch. 139, § 5. ANNOTATIONS Cross references. — […]
The department shall have power to: A. sue and be sued; B. make contracts to carry out its delegated duties; C. enter into agreements with environmental and consumer protection agencies of other states and the federal government pertaining to duties of the department; D. enter into investigation and remediation agreements with persons potentially responsible for […]
A. The department is responsible for environmental management and consumer protection programs. In that respect, the department shall maintain, develop and enforce rules and standards in the following areas: (1) food protection; (2) water supply, including implementing a capacity development program to assist water systems in acquiring and maintaining technical, managerial and financial capacity in […]
A. The department may develop and administer a pollution prevention program to be known as the “green zia program”. The department may enter into contracts with the federal government, promulgate rules and take other actions appropriate and necessary to produce an efficient and effective program. B. Information provided to the department in accordance with the […]
A. The board is responsible for environmental management and consumer protection. In that respect, the board shall promulgate rules and standards in the following areas: (1) food protection; (2) water supply, including a capacity development program to assist water systems in acquiring and maintaining technical, managerial and financial capacity in accordance with Section 1420 of […]
A. In the exercise of any of its powers or duties, the board shall act with independent legal advice. The manner in which such advice is provided shall be determined by the board, but from among one of the following: (1) the office of the attorney general; (2) independent counsel hired by the board, whether […]
ANNOTATIONS Recompilations. — Laws 1993, ch. 291, § 18 recompiled former 74-1-8.2 NMSA 1978, as enacted by Laws 1982, ch. 73, § 28, as 74-6-3.1 NMSA 1978, effective June 18, 1993.
