NMSA 1978, § 74-6C-1 Short title
74-6C-1. Short title
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".
Laws 2025, ch. 112, § 10.
New Mexico Pollutant Discharge Elimination System
NMSA 1978 ch. 74, art. 6C
in effectNMSA 1978, § 74-6C-2 Definitions
74-6C-2. Definitions
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 public, would divulge trade secrets or falls under other laws that give or may give a business the right to preserve the confidentiality of business information and to limit its use or disclosure by others in order that the business may obtain or retain business advantages it derives from its rights in the information;
C. "department" means the department of environment;
D. "discharge" means the addition of a pollutant or combination of pollutants to waters of the United States from a point source, including surface runoff collected or channeled by human effort, discharges through pipes, sewers or other conveyances owned by the state, a municipality or another person that do not lead to a treatment works and discharges through pipes, sewers or other conveyances leading into privately owned treatment works. "Discharge" does not include an addition of pollutants by an indirect discharger;
E. "federal act" means the Federal Water Pollution Control Act and its subsequent amendments and successor provisions;
F. "national pollutant discharge elimination system" means the program for issuing, modifying, revoking and reissuing, terminating, monitoring and enforcing permits and imposing and enforcing pretreatment requirements pursuant to Sections 307, 318, 402 and 405 of the federal act;
G. "permit" means an authorization issued by the department in accordance with program requirements and includes an individual or general permit;
H. "person" means an individual, an association, a partnership, a corporation, a municipality, a state or federal agency or an agent, officer or employee thereof;
I. "point source" means a discernible, confined and discrete conveyance, including a pipe, ditch, channel, tunnel, conduit, well, discrete fissure, container, rolling stock, concentrated animal feeding operation, landfill leachate collection system or vessel or other floating craft from which pollutants are or may be discharged, but does not include a discharge composed entirely of return flows from irrigated agriculture or agricultural storm water runoff;
J. "pollutant" means:
(1) dredged spoil, solid waste, incinerator residue, filter backwash, sewage, garbage, sewage sludge, munitions, chemical wastes, biological materials, radioactive materials (except those regulated pursuant to the federal Atomic Energy Act of 1954, as amended), heat, wrecked or discarded equipment, rock, sand, cellar dirt and industrial, municipal and agricultural waste discharged into water; but
(2) "pollutant" does not include:
(a) sewage from vessels;
(b) water, gas or other material that is injected into a well to facilitate production of oil or gas; and
(c) water derived in association with oil or gas production and disposed of in a well, if: 1) the well is used either to facilitate production or for disposal purposes and is approved by authority of the state in which the well is located; and 2) the state determines that the injection or disposal will not result in the degradation of ground or surface water resources;
K. "program" means the program authorized by the New Mexico Pollutant Discharge Elimination System Act and approved by the United States environmental protection agency;
L. "regional administrator" means the regional administrator of region six of the United States environmental protection agency; and
M. "waters of the United States" means those waters regulated pursuant to the national pollutant discharge elimination system program and defined in federal regulations.
Laws 2025, ch. 112, § 11.
NMSA 1978, § 74-6C-3 Permit required
74-6C-3. Permit required
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 rights or exclusive privileges.
C. The issuance of a permit does not authorize any injury to persons or property or invasion of other private rights or any infringement of any other laws, rules, regulations or ordinances.
D. No permit shall be issued when the regional administrator has objected in writing pursuant to the federal act.
E. Only the following discharges are exempt from Subsection A of this section:
(1) a discharge composed entirely of return flows from irrigated agriculture;
(2) a discharge of storm water runoff from a mining operation or an oil and gas exploration, production, processing or treatment operation or transmission facility that is composed entirely of flows that are from conveyances or systems of conveyances, including pipes, conduits, ditches and channels, used for collecting and conveying precipitation runoff and that are not contaminated by contact with, or do not come into contact with, any overburden, raw material, intermediate products, finished product, byproduct or waste products located on the site of the operation or facility. Oil and gas exploration, production, processing or treatment operations or transmission facilities include activities necessary to prepare a site for drilling and for the movement and placement of drilling equipment, whether or not the field activities or operations may be considered to be construction activities; or
(3) a discharge of runoff resulting from the following silviculture activities conducted in accordance with standard industry practice:
(a) nursery operations;
(b) site preparation;
(c) reforestation and subsequent cultural treatment;
(d) thinning;
(e) prescribed burning;
(f) pest and fire control;
(g) harvesting operations;
(h) surface drainage; and
(i) road construction and maintenance.
F. No ruling shall be made on any application for a draft permit without opportunity for a public hearing at which all interested persons shall be given a reasonable chance to submit evidence, data, views or arguments orally or in writing and to examine witnesses testifying at the hearing. The hearing shall be recorded. A person submitting evidence, data, views or arguments shall be subject to examination at the hearing.
Laws 2025, ch. 112, § 12.
NMSA 1978, § 74-6C-4 Commission; duties
74-6C-4. Commission; duties
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 authorization from the regional administrator. In adopting the rules, the commission may incorporate by reference, including prospectively, those sections or parts of federal regulations that the commission deems necessary and appropriate;
B. adopt, promulgate and publish rules for notification procedures that ensure that the public and affected Indian nations, tribes and pueblos, governmental agencies and downstream states receive notice of each draft permit;
C. adopt a schedule of fees to support the cost of implementing the program, including the preparation and adoption of rules, the review of applications, issuance and enforcement of permits and rules, compliance assistance, monitoring and inspection of facilities and discharges, data stewardship, records management, administrative and legal costs and other costs the commission deems appropriate. Unless otherwise required by law, money collected pursuant to this section shall be deposited in the water quality management fund; and
D. hear and decide petitions for review of department actions to require, issue, renew, modify, deny or terminate a permit or issue a compliance order.
Laws 2025, ch. 112, § 13.
NMSA 1978, § 74-6C-5 Department; duties and powers
74-6C-5. Department; duties and powers
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. The department shall have all duties and powers necessary and appropriate to implement the program, including the authority to:
(1) propose rules for adoption by the commission;
(2) conduct investigations;
(3) require monitoring, sampling and reporting;
(4) require the keeping and production of records, documents and other information;
(5) review applications;
(6) require, issue, renew, modify, deny or terminate permits;
(7) deny a permit or request for permit coverage if the discharge would cause or contribute to a pollutant in excess of a downstream state or tribal water quality standard;
(8) enter into or through any site or premises subject to rules adopted for the program or in which records relevant to program operation are kept or may be located, at a reasonable time and upon the presentation of proper credentials, in order to investigate whether a discharge may be present, inspect, monitor, copy records, sample, photograph, collect other information or otherwise investigate compliance with the program, including compliance with permit conditions and other program requirements. Entry into a private residence shall be allowed only by consent of the owner of the residence or order of the district court for the county in which venue is proper;
(9) issue administrative compliance orders and file civil and criminal actions in the district court to enforce the New Mexico Pollutant Discharge Elimination System Act, permits and rules, including pretreatment standards and local limits adopted by publicly owned treatment works;
(10) enter into agreements with the regional administrator for the implementation of the program;
(11) enter into agreements with other governmental entities, including Indian nations, tribes and pueblos; and
(12) receive and expend funds appropriated, authorized, granted, donated or allocated to the department for purposes consistent with the New Mexico Pollutant Discharge Elimination System Act.
C. The department shall:
(1) encourage the public to report violations pursuant to the New Mexico Pollutant Discharge Elimination System Act;
(2) develop procedures for receiving and ensuring proper consideration of information submitted by the public about violations and make available information on those reporting procedures;
(3) investigate and provide written responses to all complaints submitted pursuant to the reporting procedures;
(4) publish notice of and provide at least thirty days for public comment on any proposed settlement of an enforcement action taken pursuant to the New Mexico Pollutant Discharge Elimination System Act; and
(5) not oppose intervention by any person when permissive intervention may be authorized by statute or rule.
Laws 2025, ch. 112, § 14.
NMSA 1978, § 74-6C-6 Administrative and civil enforcement
74-6C-6. Administrative and civil enforcement
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) issue a temporary order directing the person to cease and desist unauthorized activity that is endangering or causing damage to public health or the environment pending further action by the department;
(2) issue an administrative compliance order requiring compliance, modification or termination of the permit and assess a civil penalty, including for administrative compliance costs; and
(3) commence a civil action in district court for appropriate relief, including a temporary restraining order or injunctive relief for a threatened or continuing violation of a program requirement and a civil penalty.
B. An administrative compliance order shall state with reasonable specificity the nature of the violation. Civil penalties shall be recoverable for the violation of a provision of the New Mexico Pollutant Discharge Elimination System Act or the program; a program permit condition; a program filing requirement; a duty to allow or carry out inspection, entry or monitoring activities; or a rule or an order issued by the department. A civil penalty shall be assessable in at least the amount of five thousand dollars ($5,000) per day for each violation, but shall not exceed twenty thousand dollars ($20,000) per day for each violation.
C. In determining the amount of a civil penalty, the department, attorney general or district court shall consider the seriousness of the violation or violations, as well as the economic benefit, if any, resulting from the violation, any history of such violations, any good-faith efforts to comply with the applicable requirements, the economic impact of the penalty on the violator and other matters as justice may require. For the purposes of this section, a single operational upset or event that leads to simultaneous violations of more than one pollutant parameter shall be treated as a single violation.
D. An administrative compliance order issued pursuant to Paragraph (2) of Subsection A of this section shall become final unless, no later than thirty days after service, the person issued the compliance order submits a written request to the commission for a public hearing.
E. The commission shall conduct a public hearing no later than ninety days after receipt of the written request for a public hearing.
F. Following a public hearing, the commission shall issue a written decision that shall constitute the final action on the compliance order.
G. If a person fails to comply with the final action on the compliance order, the department or attorney general may file a civil action in the district court to require compliance, modify or terminate the permit, collect the assessed civil penalty and assess an additional civil penalty of not more than twenty-five thousand dollars ($25,000) for each day of continued noncompliance with the compliance order.
H. Unless otherwise required by law, money collected pursuant to this section shall be deposited in the general fund.
Laws 2025, ch. 112, § 15.
NMSA 1978, § 74-6C-7 Criminal enforcement
74-6C-7. Criminal enforcement
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 Pollutant Discharge Elimination System Act or a rule adopted pursuant to that act;
(3) make a false statement, a representation, a certification or an omission of material fact in an application, a record, a plan, a form, a notice or a report required by a permit or other document submitted or maintained pursuant to the New Mexico Pollutant Discharge Elimination System Act or a rule or permit adopted or issued pursuant to that act;
(4) falsify, tamper with or render inaccurate a monitoring device, method or record required to be maintained pursuant to the New Mexico Pollutant Discharge Elimination System Act or a rule or permit adopted or issued pursuant to that act;
(5) fail to monitor, sample or report as required by a permit issued pursuant to the New Mexico Pollutant Discharge Elimination System Act or a rule or permit adopted or issued pursuant to that act; or
(6) violate a filing requirement pursuant to the New Mexico Pollutant Discharge Elimination System Act or a rule or permit adopted or issued pursuant to that act.
B. A person who knowingly violates or knowingly causes or allows another person to violate Subsection A of this section is guilty of a fourth degree felony and shall be sentenced in accordance with the provisions of the Criminal Sentencing Act [Chapter 31, Article 18 NMSA 1978].
C. A person who is convicted of a second or subsequent violation of Subsection A of this section is guilty of a third degree felony and shall be sentenced in accordance with the provisions of the Criminal Sentencing Act.
D. A person who knowingly violates Subsection A of this section or knowingly causes another person to violate Subsection A of this section and thereby causes a substantial adverse environmental impact is guilty of a third degree felony and shall be sentenced in accordance with the provisions of the Criminal Sentencing Act.
E. A person who knowingly violates Subsection A of this section and knows at the time of the violation that the person is creating a substantial danger of death or serious bodily injury to any other person is guilty of a second degree felony and shall be sentenced in accordance with the provisions of the Criminal Sentencing Act.
F. A person who willfully or negligently violates Paragraph (2) or (6) of Subsection A of this section may be assessed a criminal fine of ten thousand dollars ($10,000) per day for each violation.
G. A person who knowingly violates Paragraph (3) or (4) of Subsection A of this section may be assessed a criminal fine of five thousand dollars ($5,000) for each violation.
H. A single operational upset or event that leads to simultaneous violations of more than one pollutant parameter shall be treated as a single violation.
I. The attorney general has the authority to enforce this section.
Laws 2025, ch. 112, § 16.
NMSA 1978, § 74-6C-8 Appeals to the commission
74-6C-8. Appeals to the commission
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 the department's action;
(2) include a statement of the issues to be raised and the relief sought; and
(3) be provided to all other persons submitting evidence, data, views or arguments in the proceeding before the department.
B. A person who files a timely petition for review may request a stay of the department's action, which the commission may grant in whole or in part after a hearing on the request and a showing of good cause.
C. Unless a timely petition for review is made, the decision of the department shall be final and shall not be subject to judicial review or review by the commission.
D. If a timely petition for review is made, the commission shall consider the petition within ninety days after receipt of the petition at a commission meeting open to the public. The commission shall notify the petitioner and the applicant or permittee, if other than the petitioner, of the date, time and location of the public commission meeting at which the petition for review will be considered. If the petitioner is not the applicant or permittee, the applicant or permittee shall be a party to the proceeding. The commission shall ensure that the public receives notice of the date, time and place of the review.
E. The commission shall review the record compiled before the department, including the transcript of any public hearing held on the permitting action or compliance order, and shall allow any party to submit arguments.
F. The commission may designate a hearing officer to review the record and the arguments of the parties and recommend a decision to the commission.
G. Based on the review of the evidence, the arguments of the parties, if any, and the recommendations of the hearing officer, if one is designated, the commission shall sustain, modify or reverse the action of the department. The commission shall enter ultimate findings of fact and conclusions of law and keep a record of the review.
H. Prior to the date set for review, if a party shows to the satisfaction of the commission that there was no reasonable opportunity to submit comment or evidence on an issue being challenged, the commission shall order that additional comment or evidence be taken by the department. Based on the additional evidence, the department may revise the decision and shall promptly file with the commission the additional evidence received and action taken. The commission shall consider the additional evidence within ninety days after receipt of the additional evidence and shall notify the petitioner and the applicant or permittee, if other than the petitioner, of the date, time and place of the review.
I. The commission shall notify the petitioner and all other participants in the review proceeding of the action taken by the commission and the reasons for that action.
Laws 2025, ch. 112, § 17.
NMSA 1978, § 74-6C-9 Judicial review
74-6C-9. Judicial review
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, Article 4 NMSA 1978] shall be the date of the commission's final action.
B. A person who participated in a permitting or compliance order review before the commission may appeal to the court of appeals for further relief no later than thirty days after the commission's final action.
C. An appeal before the court of appeals shall be upon the record made before the commission.
D. An application for a stay of the action being appealed may be filed with the commission no later than thirty days after the commission's final action. After a hearing and a showing of good cause by the appellant, a stay of the action being appealed may be granted pending the outcome of the judicial review. If the commission denies the application, a stay of the action may be granted by the court of appeals within ninety days after the commission's denial.
E. The court of appeals shall set aside the commission's final action only if the court finds that the action is:
(1) arbitrary, capricious or an abuse of discretion;
(2) not supported by substantial evidence in the record; or
(3) otherwise not in accordance with law.
Laws 2025, ch. 112, § 18.
NMSA 1978, § 74-6C-10 Limitations
74-6C-10. Limitations
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 not be a property right in water;
B. affects the relation between employers and employees with respect to or arising out of a condition of water quality; or
C. supersedes or limits the applicability of a law relating to industrial health, safety or sanitation.
Laws 2025, ch. 112, § 19.
NMSA 1978, § 74-6C-11 Availability of records
74-6C-11. Availability of records
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 Discharge Elimination System Act shall be available to the public.
B. Records obtained by the commission or department that are submitted in relation to applications shall include information required on application forms provided by the commission or department, information submitted on the forms themselves and any attachments used to supply information required by the forms. All such records shall be available to the public.
C. For other records, the commission or department shall not disclose the record if a person submitting the record asserts at the time of submission that the record or part of the record, if made public, would divulge confidential business information or trade secrets as defined in the Uniform Trade Secrets Act [57-3A-1 to 57-3A-7 NMSA 1978].
D. Confidential business information or trade secrets may be disclosed:
(1) to officers, employees or authorized representatives of the commission or department;
(2) to officers, employees or authorized representatives of the United States; or
(3) when relevant, in a proceeding pursuant to the New Mexico Pollutant Discharge Elimination System Act or the federal act.
E. An officer, employee or authorized representative of the commission or department who willfully discloses information that the commission or department has determined is entitled to protection as confidential business information or a trade secret shall be fined not more than one thousand dollars ($1,000) or imprisoned for not more than one year, or both.
F. In submitting records, a person providing the records shall:
(1) designate the records the person believes are entitled to protection pursuant to this section by stamping the records as "confidential business information"; and
(2) submit the designated records separately from other records submitted pursuant to the New Mexico Pollutant Discharge Elimination System Act.
Laws 2025, ch. 112, § 20.
Source: New Mexico Compilation Commission (nmonesource.com)URL: https://nmonesource.com/nmos/nmsa-unanno/en/item/18577/index.doFetched: 10/20/2026