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. ANNOTATIONS Cross references. — For the Pollution Control Revenue Bond Act, see 3-59-1 NMSA 1978 et seq. The 1993 amendment, effective June 18, […]
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 pursuant to that act, the constituent agency may: (1) issue a compliance order requiring compliance […]
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 […]
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 by the commission; (2) make any false material statement, representation, […]
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 […]
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 any […]
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 […]
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 available to the public. Records, reports or information or particular […]
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 […]
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: […]
As used in the Water Quality Act: A. “gray water” means untreated household wastewater that has not come in contact with toilet waste and includes wastewater from bathtubs, showers, washbasins, clothes washing machines and laundry tubs, but does not include wastewater from kitchen sinks or dishwashers or laundry water from the washing of material soiled […]
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 secretary; (3) the director of the department of game and fish or a […]
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 general; (2) independent counsel hired by […]
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 other than the purposes for which provided; B. shall adopt a comprehensive water quality management program and develop a continuing planning process; […]
A. By regulation, the commission may require persons to obtain from a constituent agency designated by the commission a permit for the discharge of any water contaminant or for the disposal or reuse of septage or sludge. B. The commission shall adopt regulations establishing procedures for certifying federal water quality permits. C. Prior to the […]
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 submitted on a form developed by the commission and the department of […]
There is created in the state treasury the “water quality management fund” to be administered by the department of environment. All fees collected pursuant to the regulations adopted by the commission under Subsection H [J] of Section 74-6-5 NMSA 1978 shall be deposited in the fund. Money in the fund is appropriated to the department […]
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 whether to hold a hearing within ninety days of submission […]
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 and who is adversely affected by such action […]
