NMSA 1978, § 74-6-1 Short title
74-6-1. Short title
Chapter 74, Article 6 NMSA 1978 may be cited as the "Water Quality Act".
1953 Comp., § 75-39-1, enacted by Laws 1967, ch. 190, § 1; 1993, ch. 291, § 1.
Water Quality
NMSA 1978 ch. 74, art. 6
in effectNMSA 1978, § 74-6-2 Definitions
74-6-2. Definitions
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, riparian habitats and the organisms that live in them and the ecological functions, services and values they provide;
C. "barrier" means a technical, including any log reduction credits assigned, operational or managerial measure to control microbial or chemical constituents;
D. "commission" means the water quality control commission;
E. "constituent agency" means, as the context may require, any or all of the following agencies of the state:
(1) the department;
(2) the state engineer and the interstate stream commission;
(3) the department of game and fish [department of wildlife];
(4) the oil conservation commission;
(5) the state parks division of the energy, minerals and natural resources department;
(6) the New Mexico department of agriculture;
(7) the soil and water conservation commission; and
(8) the bureau of geology and mineral resources at the New Mexico institute of mining and technology;
F. "compensatory mitigation" means the process of restoring, establishing, enhancing or preserving wetlands, streams or other aquatic resources to offset unavoidable adverse impacts that remain after appropriate and practicable avoidance and minimization measures have been achieved;
G. "department" means the department of environment;
H. "dredged material" means material that is excavated or dredged from a surface water;
I. "facility" means all contiguous land and structures, other appurtenances and improvements on the land, including any building, installation, equipment, pipe or pipeline, including a pipe into a sewer or a publicly owned treatment works, a well, a pit, a pond, a lagoon, an impoundment, a ditch, a landfill, a storage container, a motor vehicle, a rolling stock, an aircraft, a vessel or a watercraft, or any site or area where a water contaminant has been, is currently or is proposed to be managed, treated, deposited, stored, disposed of or placed or has otherwise come to be located;
J. "federal act" means the Federal Water Pollution Control Act and its subsequent amendment and successor provisions;
K. "fill material" means material that is placed in a surface water where the material has the effect of replacing any portion of a surface water with dry land or changing the bottom elevation of a surface water; "fill material" does not include trash, garbage or incidental fallback resulting from excavation activities when small volumes of material fall back to substantially the same place as the initial removal;
L. "general permit" means a permit that applies to one or more categories or subcategories of discharges, sludge use or disposal practices or facilities within a geographic area, including the state or a region, basin or watershed in the state;
M. "general permit coverage" means authorization to discharge pursuant to a general permit and any additional permit conditions required by a constituent agency;
N. "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 with human excreta, such as diapers;
O. "new source" means:
(1) any source, the construction of which is commenced after the publication of proposed rules prescribing a standard of performance applicable to the source; or
(2) an existing source when modified to treat substantial additional volumes or when there is a substantial change in the character of water contaminants treated;
P. "pathogen" means a microorganism capable of causing illness in humans;
Q. "person" means an individual or other entity, including partnerships, corporations, associations, responsible business or association agents or officers, the state or a political subdivision of the state or an agency, a department or an instrumentality of the United States and any of its officers, agents or employees;
R. "point source" means a discernable, 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 water contaminants are or may be discharged; "point source" does not include a discharge composed entirely of return flows from irrigated agriculture or agricultural storm water runoff;
S. "produced water" means a fluid that is an incidental byproduct from drilling for or the production of oil and gas;
T. "responsible party" means:
(1) the owner and operator of a facility;
(2) a person who, at the time of disposal of any water contaminant, owned or operated a facility at or from which such water contaminants were disposed;
(3) a person who, by contract, agreement or otherwise, arranged for disposal or treatment, or arranged with a transporter for transport for disposal or treatment, of water contaminants owned or possessed by the person, or by any other party or entity, at a facility owned or operated by another party or entity and containing such water contaminants; and
(4) a person who accepts or accepted any water contaminants for transport to disposal or treatment facilities or sites selected by the person, from which there is a release, or a threatened release that causes the incurrence of response costs, of a water contaminant;
U. "septage" means the residual wastes and water periodically pumped from a liquid waste treatment unit or holding tank for maintenance or disposal purposes;
V. "sewer system" means pipelines, conduits, pumping stations, force mains or other structures, devices, appurtenances or facilities used for collecting or conducting wastes to an ultimate point for treatment or disposal;
W. "sewerage system" means a system for disposing of wastes, either by surface or underground methods, and includes sewer systems, treatment works, disposal wells and other systems;
X. "sludge" means solid, semi-solid or liquid waste generated from a municipal, a commercial or an industrial wastewater treatment plant, a water supply treatment plant or an air pollution control facility that is associated with the treatment of these wastes. "Sludge" does not mean treated effluent from a wastewater treatment plant;
Y. "source" means a building, a structure, a facility or an installation from which there is or may be a discharge of water contaminants directly or indirectly into water;
Z. "standards of performance" means a standard, an effluent limitation or an effluent standard adopted pursuant to the federal act or the Water Quality Act;
AA. "substantial adverse environmental impact" means that an act or omission of the violator causes harm or damage:
(1) to human beings; or
(2) that amounts to more than ten thousand dollars ($10,000) in damage or mitigation costs to flora, including agriculture crops; fish or other aquatic life; waterfowl or other birds; livestock; or wildlife or damage to their habitats, ground water or surface water or the lands of the state;
BB. "surface water discharge" means:
(1) the addition of a water contaminant or combination of water contaminants to a surface water 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, but does not include the addition of water contaminants from an indirect discharger; or
(2) the addition of dredged or fill material into a surface water from excavation of a surface water or from filling in a surface water in a manner that replaces the surface water with dry land or changes the bottom elevation of the surface water but does not include incidental fallback;
CC. "treatment works" means a plant or other works used for the purpose of treating, stabilizing or holding wastes;
DD. "wastes" means sewage, industrial wastes or other liquid, gaseous or solid substances that may pollute the waters of the state;
EE. "water" means all water, including water situated wholly or partly within or bordering upon the state, whether surface or subsurface, public or private, except private waters that do not combine with other surface or subsurface water;
FF. "water contaminant" means a substance that could alter, if discharged or spilled, the physical, chemical, biological or radiological qualities of water. "Water contaminant" does not mean source, special nuclear or byproduct material as defined by the federal Atomic Energy Act of 1954; and
GG. "water pollution" means introducing or permitting the introduction into water, either directly or indirectly, of one or more water contaminants in a quantity and duration as may with reasonable probability injure human health, animal or plant life or property or to unreasonably interfere with the public welfare or the use of property.
1953 Comp., § 75-39-2, enacted by Laws 1967, ch. 190, § 2; 1970, ch. 64, § 1; 1971, ch. 277, § 49; 1973, ch. 326, § 1; 1977, ch. 253, § 73; 1993, ch. 291, § 2; 2001, ch. 246, § 13; 2003, ch. 7, § 1; 2019, ch. 197, § 10; 2025, ch. 112, § 1.
NMSA 1978, § 74-6-3 Water quality control commission created. (Repealed effective July 1, 2036.)
74-6-3. Water quality control commission created. (Repealed 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 secretary;
(3) the director of the department of game and fish [department of wildlife] or a member of the director's staff designated by the director;
(4) the state engineer or a member of the state engineer's staff designated by the state engineer;
(5) the chair of the oil conservation commission or a member of the chair's staff designated by the chair;
(6) the director of the state parks division of the energy, minerals and natural resources department or a member of the director's staff designated by the director;
(7) the director of the New Mexico department of agriculture or a member of the director's staff designated by the director;
(8) the chair of the soil and water conservation commission or a soil and water conservation district supervisor designated by the chair;
(9) the director of the bureau of geology and mineral resources at the New Mexico institute of mining and technology or a member of the director's staff designated by the director;
(10) a municipal or county government representative; and
(11) four representatives of the public to be appointed by the governor for terms of four years and who shall be compensated from the budgeted funds of the department of environment in accordance with the provisions of the Per Diem and Mileage Act [10-8-1 to 10-8-8 NMSA 1978]. At least one member appointed by the governor shall be a member of a New Mexico Indian tribe or pueblo.
B. A member of the commission shall not receive, or shall not have received during the previous two years, a significant portion of the member's income directly or indirectly from permit holders or applicants for a permit. A member of the commission shall, upon the acceptance of the member's appointment and prior to the performance of any of the member's duties, file a statement of disclosure with the secretary of state disclosing any amount of money or other valuable consideration, and its source, the value of which is in excess of ten percent of the member's gross personal income in each of the preceding two years, that the member received directly or indirectly from permit holders or applicants for permits required under the Water Quality Act. A member of the commission shall not participate in the consideration of an appeal if the subject of the appeal is an application filed or a permit held by an entity that either employs the commission member or from which the commission member received more than ten percent of the member's gross personal income in either of the preceding two years.
C. The commission shall elect a chair and other necessary officers and shall keep a record of its proceedings.
D. A majority of the commission constitutes a quorum for the transaction of business, but no action of the commission is valid unless concurred in by six or more members present at a meeting.
E. The commission is the state water pollution control agency for this state for all purposes of the federal act and the wellhead protection and sole source aquifer programs of the federal Safe Drinking Water Act and may take all action necessary and appropriate to secure to this state, its political subdivisions or interstate agencies the benefits of that act and those programs.
F. The commission is administratively attached, as defined in the Executive Reorganization Act [9-1-1 to 9-1-10 NMSA 1978], to the department of environment.
1953 Comp., § 75-39-3, enacted by Laws 1967, ch. 190, § 3; 1970, ch. 64, § 2; 1971, ch. 277, § 50; 1973, ch. 326, § 2; 1977, ch. 253, § 74; 1987, ch. 234, § 81; 1993, ch. 291, § 3; 1997, ch. 82, § 1; 2001, ch. 246, § 14; 2001, ch. 267, § 1; 2003, ch. 165, § 2; 2007, ch. 183, § 1.
NMSA 1978, § 74-6-3.1 Legal advice. (Repealed effective July 1, 2036.)
74-6-3.1. Legal advice. (Repealed effective July 1, 2036.)
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, whether full- or part-time; or
(3) another state agency whose function is sufficiently distinct from the department of environment and each constituent agency to assure independent, impartial advice.
B. Notwithstanding the provisions of Subsection A of this section, attorneys from constituent agencies may act for the water quality control commission in lawsuits filed against or on behalf of the commission, and the attorney general may, at the request of the commission, file and defend lawsuits on behalf of the commission.
1978 Comp., § 74-1-8.1, enacted by Laws 1982, ch. 73, § 28; recompiled as 1978 Comp., § 74-1-8.2; 1991, ch. 25, § 32; recompiled as 1978 Comp., § 74-6-3.1 by Laws 1993, ch. 291, § 18.
NMSA 1978, § 74-6-4 Duties and powers of commission. (Repealed effective July 1, 2036.)
74-6-4. Duties and powers of commission. (Repealed effective July 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 water quality management program and develop a continuing planning process;
C. shall not adopt or promulgate a standard or rule that exceeds a grant of rulemaking authority listed in the statutory section of the Water Quality Act authorizing the standard or rule;
D. shall adopt water quality standards for surface and ground waters of the state based on credible scientific data and other evidence appropriate under the Water Quality Act. The standards shall include narrative standards and, as appropriate, the designated uses of the waters and the water quality criteria necessary to protect such uses. The standards shall at a minimum protect the public health or welfare, enhance the quality of water and serve the purposes of the Water Quality Act. In making standards, the commission shall give weight it deems appropriate to all facts and circumstances, including the use and value of the water for water supplies, propagation of fish and wildlife, recreational purposes and agricultural, industrial and other purposes;
E. shall adopt rules to prevent or abate water pollution in the state or in any specific geographic area, aquifer or watershed of the state or in any part thereof, or for any class of waters, and to govern the disposal of septage and sludge and the use of sludge for various beneficial purposes. The rules governing the disposal of septage and sludge may include the use of tracking and permitting systems or other reasonable means necessary to assure that septage and sludge are designated for disposal in, and arrive at, disposal facilities, other than facilities on the premises where the septage and sludge is generated, for which a permit or other authorization has been issued pursuant to the federal act or the Water Quality Act. Rules may specify a standard of performance for new sources that reflects the greatest reduction in the concentration of water contaminants that the commission determines to be achievable through application of the best available demonstrated control technology, processes, operating methods or other alternatives, including where practicable a standard permitting no discharge of pollutants;
F. in making rules, shall give weight it deems appropriate to all relevant facts and circumstances, including:
(1) the character and degree of injury to or interference with health, welfare, environment and property;
(2) the public interest, including the social and economic value of the sources of water contaminants;
(3) the technical practicability and economic reasonableness of reducing or eliminating water contaminants from the sources involved and previous experience with equipment and methods available to control the water contaminants involved;
(4) the successive uses, including domestic, commercial, industrial, pastoral, agricultural, wildlife and recreational uses;
(5) feasibility of a user or a subsequent user treating the water before a subsequent use;
(6) property rights and accustomed uses; and
(7) federal water quality requirements;
G. shall assign responsibility for administering its rules to constituent agencies to assure adequate coverage and prevent duplication of effort. To this end, the commission may make such classification of waters and sources of water contaminants as will facilitate the assignment of administrative responsibilities to constituent agencies. The commission shall also hear and decide disputes between constituent agencies as to jurisdiction concerning matters within the purpose of the Water Quality Act. In assigning responsibilities to constituent agencies, the commission shall give priority to the primary interests of the constituent agencies. The department shall provide technical services, including certification of permits pursuant to the federal act, and shall maintain a repository of the scientific data required by the Water Quality Act;
H. may enter into or authorize constituent agencies to enter into agreements with the federal government or other state governments for purposes consistent with the Water Quality Act and receive and allocate to constituent agencies funds made available to the commission;
I. may grant an individual variance from a rule of the commission whenever it is found that compliance with the rule will impose an unreasonable burden upon any lawful business, occupation or activity. The commission may only grant a variance conditioned upon a person effecting a particular abatement of water pollution within a reasonable period of time. A variance shall be granted for the period of time specified by the commission. The commission shall adopt rules specifying the procedure under which variances may be sought, which rules shall provide for the holding of a public hearing before a variance may be granted;
J. may adopt rules to require the filing with the commission or a constituent agency of proposed plans and specifications for the construction and operation of new sewer systems, treatment works or sewerage systems or extensions, modifications of or additions to new or existing sewer systems, treatment works or sewerage systems. Filing with and approval by the federal housing administration of plans for an extension to an existing or construction of a new sewerage system intended to serve a subdivision solely residential in nature shall be deemed compliance with all provisions of this subsection;
K. may adopt rules requiring notice to the commission or a constituent agency of intent to introduce or allow the introduction of water contaminants into waters of the state;
L. shall specify in rules the measures to be taken to prevent water pollution and to monitor water quality. The commission may adopt rules for particular industries. The commission shall adopt rules for the dairy industry and the copper industry. The commission shall consider, in addition to the factors listed in Subsection F of this section, the best available scientific information. The rules may include variations in requirements based on site-specific factors, such as depth and distance to ground water and geological and hydrological conditions. The constituent agency shall establish an advisory committee composed of persons with knowledge and expertise particular to the industry category and other interested stakeholders to advise the constituent agency on appropriate rules to be proposed for adoption by the commission. The rules shall be developed and adopted in accordance with a schedule approved by the commission. The schedule shall incorporate an opportunity for public input and stakeholder negotiations;
M. may adopt rules establishing pretreatment standards that prohibit or control the introduction into publicly owned sewerage systems of water contaminants that are not susceptible to treatment by the treatment works or that would interfere with the operation of the treatment works;
N. shall not require a permit respecting the use of water in irrigated agriculture, except in the case of the employment of a specific practice in connection with the irrigation that documentation or actual case history has shown to be hazardous to public health or the environment or for the use of produced water;
O. shall not require a permit for applying less than two hundred fifty gallons per day of private residential gray water originating from a residence for the resident's household gardening, composting or landscape irrigation if:
(1) a constructed gray water distribution system provides for overflow into the sewer system or on-site wastewater treatment and disposal system;
(2) a gray water storage tank is covered to restrict access and to eliminate habitat for mosquitos or other vectors;
(3) a gray water system is sited outside of a floodway;
(4) gray water is vertically separated at least five feet above the ground water table;
(5) gray water pressure piping is clearly identified as a nonpotable water conduit;
(6) gray water is used on the site where it is generated and does not run off the property lines;
(7) gray water is applied in a manner that minimizes the potential for contact with people or domestic pets;
(8) ponding is prohibited, application of gray water is managed to minimize standing water on the surface and to ensure that the hydraulic capacity of the soil is not exceeded;
(9) gray water is not sprayed;
(10) gray water is not discharged to a watercourse; and
(11) gray water use within municipalities or counties complies with all applicable municipal or county ordinances enacted pursuant to Chapter 3, Article 53 NMSA 1978;
P. shall coordinate application procedures and funding cycles for loans and grants from the federal government and from other sources, public or private, with the local government division of the department of finance and administration pursuant to the New Mexico Community Assistance Act [11-6-1 NMSA 1978];
Q. shall adopt rules to be administered by the department for the discharge, handling, transport, storage, recycling or treatment for the disposition of treated produced water, including disposition in road construction maintenance, roadway ice or dust control or other construction, or in the application of treated produced water to land, for activities unrelated to the exploration, drilling, production, treatment or refinement of oil or gas;
R. shall adopt rules to be administered by the department for surface water discharges, including:
(1) for discharges from point sources, the rules shall not require a permit for a point source discharge for which a permit is issued under Section 402 of the federal Clean Water Act or the New Mexico Pollutant Discharge Elimination System Act; provided that in adopting rules related to this paragraph, in addition to the factors to be considered under Subsection F of this section, the commission may:
(a) identify exemptions from a discharge permit requirement when water contaminants in discharges are subject to effective and enforceable water quality requirements in a state or federally issued permit, unless there is a hazard to public health or the environment that may result or an applicable state water quality standard will not be achieved; and
(b) consider requirements for permits and general permits that are consistent with the requirements of similar permits issued under Section 402 of the federal Clean Water Act; and
(2) for discharges of dredged or fill material, the rules shall not require a permit for discharges of dredged or filled materials for which a permit or authorization is issued under Section 404 of the federal Clean Water Act; provided that the rules shall include avoidance and minimization to the maximum extent practicable of adverse impacts to wetlands, streams and other aquatic resources and may require compensatory mitigation for unavoidable adverse impacts that remain after appropriate and practicable avoidance and minimization measures have been achieved; and provided further that in adopting rules related to this paragraph, in addition to the factors to be considered under Subsection F of this section, the commission may:
(a) identify exemptions from a discharge permit requirement when a discharge is subject to effective and enforceable water quality requirements in a state or federally issued permit, unless there is a hazard to public health or the environment that may result or an applicable state water quality standard will not be achieved; and
(b) consider the requirements for permits and general permits that are consistent with the requirements of similar permits issued under Section 404 of the federal Clean Water Act;
S. may adopt rules to be administered by the department for the state to respond to, investigate and remediate water pollution and contamination in soil and soil vapor for the protection of human health and the environment; and
T. shall adopt rules to be administered by the department to govern the transfer and use of treated domestic wastewater for potable reuse. The rules may specify a standard of performance, including log reduction for pathogen removal, critical control points, barriers and the greatest reduction in the concentration of water contaminants and pathogens that the commission determines to be achievable through application of the best available demonstrated control technology, processes, operating methods or other alternatives, including, where practicable, a standard permitting no risk to human health. The rules governing the potable reuse of domestic wastewater may include the use of existing permitting systems or create new permitting rules that include the means necessary to assure that potable reuse projects are conducted in a manner that is directly protective of human health.
1953 Comp., § 75-39-4, enacted by Laws 1967, ch. 190, § 4; 1970, ch. 64, § 3; 1971, ch. 277, § 51; 1973, ch. 326, § 3; 1981, ch. 347, § 1; 1984, ch. 5, § 13; 1993, ch. 291, § 4; 2001, ch. 240, § 1; 2001, ch. 281, § 1; 2003, ch. 7, § 2; 2009, ch. 194, § 1; 2019, ch. 197, § 11; 2025, ch. 112, § 2.
NMSA 1978, § 74-6-5 Permits; certification; appeals to commission
74-6-5. Permits; certification; appeals to commission
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 establishing procedures for certifying federal water quality permits.
C. Prior to the issuance of a permit or approval of general permit coverage, the constituent agency may require the submission of plans, specifications and other relevant information that it deems necessary.
D. The commission shall by rule set the dates upon which applications for permits shall be filed and designate the time periods within which the constituent agency shall, after the filing of an administratively complete application for a permit, either grant the permit, grant the permit subject to conditions or deny the permit. The constituent agency has the burden of showing that each condition is reasonable and necessary to ensure compliance with the Water Quality Act and applicable rules, considering site-specific conditions. After rules have been adopted for a particular industry, permits for facilities in that industry shall be subject to conditions contained in the rules. Additional conditions on a final permit may be imposed if the applicant is provided with an opportunity to review and provide comments in writing on the draft permit conditions and to receive a written explanation of the reasons for the conditions from the constituent agency.
E. The constituent agency shall deny an application for a permit or request for general permit coverage or deny the certification of a federal water quality permit if:
(1) the effluent would not meet applicable state or federal effluent regulations, standards of performance or limitations;
(2) a provision of the Water Quality Act would be violated;
(3) the discharge would cause or contribute to water contaminant levels in excess of a state or federal standard. Determination of the discharge's effect on ground water shall be measured at a place of withdrawal of water for present or reasonably foreseeable future use. Determination of the discharge's effect on surface waters shall be measured at the point of discharge;
(4) the surface water discharge would cause or contribute to water contaminant levels in excess of a downstream state or tribal water quality standard; or
(5) the applicant has, within the ten years immediately preceding the date of submission of the permit application or request for general permit coverage:
(a) knowingly misrepresented a material fact in an application for a permit or request for general permit coverage;
(b) refused or failed to disclose information required pursuant to the Water Quality Act;
(c) been convicted of a felony or other crime involving moral turpitude;
(d) been convicted of a felony in court for a crime defined by state or federal law as being a restraint of trade, price-fixing, bribery or fraud;
(e) exhibited a history of willful disregard for environmental laws of a state or the United States; or
(f) had an environmental permit revoked or permanently suspended for cause under environmental laws of a state or the United States.
F. For ground water discharge permits, the commission shall by rule develop procedures that ensure that the public and affected governmental agencies, Indian nations, tribes and pueblos and other states shall receive notice of each application and draft of a new permit, a modification of a permit or a renewal of a permit. Public notice shall include:
(1) for issuance of new permits or permit modifications:
(a) notice to adjacent and nearby landowners using postal or electronic mail;
(b) notice to affected local, state and federal government agencies, land grant organizations, ditch associations and Indian nations, tribes and pueblos using postal or electronic mail;
(c) posting the notice at a place conspicuous to the public and near the discharge or proposed discharge site;
(d) a display advertisement in English and Spanish in a newspaper of general circulation in the location of the discharge or proposed discharge site; provided, however, that the advertisement shall not be displayed in the classified or legal advertisement sections; and
(e) consideration of the languages spoken by and the communication methods accessible to the intended recipients of the public notice; and
(2) for permit renewals:
(a) notice by postal or electronic mail to the interested public;
(b) notice to affected local, state and federal government agencies, land grant organizations, ditch associations and Indian nations, tribes and pueblos;
(c) a display advertisement in English and Spanish in a newspaper of general circulation in the location of the discharge site; provided, however, that the advertisement shall not be displayed in the classified or legal advertisement sections; and
(d) consideration of the languages spoken by and the communication methods accessible to the intended recipients of the public notice.
G. For surface water discharge permits, the commission shall by rule develop procedures that ensure that the public and affected governmental agencies, Indian nations, tribes and pueblos and other states shall receive notice of each draft permit. Public notice shall include the following, except that for a general permit, Paragraphs (1) and (3) of this subsection shall not be required:
(1) notice to adjacent and nearby landowners using postal or electronic mail;
(2) notice to affected local, state and federal government agencies, land grant organizations, ditch associations and Indian nations, tribes and pueblos using postal or electronic mail;
(3) for new surface water discharge permits or permit modifications, posting at a place conspicuous to the public and near the discharge or proposed discharge site;
(4) notice to the general public and others whom the commission deems appropriate using one or more reasonable and appropriate methods, such as electronic mail to persons who have requested notification, social media posts, radio announcements or advertisements in a newspaper of general circulation in the location of the discharge or proposed discharge site; and
(5) consideration of the languages spoken by and the communication methods accessible to the intended recipients of the public notice.
H. No ruling shall be made on 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.
I. The commission may adopt rules for the operation and maintenance of the permitted facility, including requirements, as may be necessary or desirable, that relate to continuity of operation, personnel training and financial responsibility, including financial responsibility for corrective action.
J. Permits shall be issued for fixed terms of five years, except that surface water discharge permits may be issued for fixed terms of up to ten years. For new discharges, the term of the permit shall commence on the date the discharge begins, but in no event shall the term of the permit exceed seven years from the date the permit was issued.
K. By rule, the commission may impose reasonable conditions upon permits requiring permittees to:
(1) install, use and maintain monitoring devices;
(2) sample effluents and receiving waters for any known or suspected water contaminants in accordance with methods and at locations and intervals as may be prescribed by the commission;
(3) establish and maintain records of the nature and amounts of effluents and the performance of effluent control devices;
(4) provide other information relating to the discharge or direct or indirect release of water contaminants; and
(5) notify a constituent agency of the introduction of new water contaminants from a new source and of a substantial change in volume or character of water contaminants being introduced from sources in existence at the time of the issuance of the permit.
L. The commission shall provide by rule a schedule of fees for permits and approvals of general permit coverage to support the cost of developing and implementing the permitting rules authorized pursuant to Section 74-6-4 NMSA 1978, including the review of applications, issuance and enforcement of permits and rules, compliance assistance, monitoring and inspection of facilities and discharges, data stewardship, records management and administrative and legal costs. Fees collected pursuant to this section shall be deposited in the water quality management fund.
M. The issuance of a permit or approval of or request for a general permit coverage does not relieve a person from the responsibility of complying with the provisions of the Water Quality Act, any applicable rules or water quality standards of the commission or any applicable federal laws, regulations or standards.
N. A permit or general permit coverage may be terminated or modified by the constituent agency that issued the permit or approved the general permit coverage prior to its date of expiration for any of the following causes:
(1) violation of a condition of the permit;
(2) obtaining the permit or general permit coverage by misrepresentation or failure to disclose fully all relevant facts;
(3) violation of the provisions of the Water Quality Act or any applicable rules, standard of performance or water quality standards;
(4) violation of applicable state or federal effluent regulations or limitations; or
(5) change in a condition that requires either a temporary or permanent reduction or elimination of the permitted discharge.
O. If the constituent agency denies, terminates or modifies a permit or general permit coverage or grants a permit subject to condition, the constituent agency shall notify the applicant or permittee by certified mail or other method acceptable to the applicant or permittee of the action taken and the reasons. Notice shall also be given by postal or electronic mail to persons who participated in the permitting action.
P. A person who participated in a permitting action before a constituent agency or a person affected by a certification of a federal permit and who is adversely affected by the permitting action or certification may file a petition for review before the commission. Unless a timely petition for review is made, the decision of the constituent agency shall be final and not subject to judicial review. The petition shall:
(1) be made in writing to the commission within thirty days from the date notice is given of the constituent agency'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 constituent agency.
Q. If a timely petition for review is made, the commission shall consider the petition within ninety days after receipt of the petition. The commission shall notify the petitioner and the applicant or permittee, if other than the petitioner, by certified mail of the date, time and place of the review. 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.
R. The commission shall review the record compiled before the constituent agency, including the transcript of a public hearing held on the application or draft permit, and shall allow any party to submit arguments. The commission may designate a hearing officer to review the record and the arguments of the parties and recommend a decision to the commission. The commission shall consider and weigh only the evidence contained in the record before the constituent agency and the recommended decision of the hearing officer, if any, and shall not be bound by the factual findings or legal conclusions of the constituent agency. Based on the review of the evidence, the arguments of the parties and recommendations of the hearing officer, the commission shall sustain, modify or reverse the action of the constituent agency. The commission shall enter ultimate findings of fact and conclusions of law and keep a record of the review.
S. 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 constituent agency. Based on the additional evidence, the constituent agency 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.
T. 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.
U. The only exemptions from surface water discharge permits for point sources are:
(1) return flows composed entirely from irrigated agriculture;
(2) stormwater 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 product located on the site of the operation or facility; provided that 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;
(3) 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; and
(4) discharges and water contaminants that are subject to effective and enforceable surface water quality requirements in a state or federally issued permit, unless there is a hazard to public health or the environment that may result or an applicable state water quality standard will not be achieved.
V. The only exemptions from surface water discharge permits for discharges of dredged or fill material are:
(1) normal farming, silviculture and ranching activities such as plowing, seeding, cultivating, minor drainage, harvesting for the production of food, fiber and forest products or upland soil and water conservation practices;
(2) maintenance, including emergency reconstruction of recently damaged parts, of currently serviceable structures such as dikes, dams, levees, groins, riprap, breakwaters, causeways and bridge abutments or approaches and transportation structures;
(3) construction or maintenance of farm or stock ponds, acequias or irrigation ditches or the maintenance of drainage ditches;
(4) construction of temporary sedimentation basins on a construction site that does not include placement of fill material into the surface waters;
(5) construction or maintenance of farm roads, forest roads or temporary roads for moving mining equipment, where such roads are constructed and maintained, in accordance with best management practices, to assure that:
(a) flow and circulation patterns and chemical and biological characteristics of the surface waters are not impaired;
(b) the reach of the surface waters is not reduced; and
(c) any adverse effect on the aquatic environment will be otherwise minimized; and
(6) discharges that are subject to effective and enforceable surface water quality requirements in a state-issued or federally issued permit, unless there is a hazard to public health or the environment that may result or an applicable state water quality standard will not be achieved.
W. The exemptions provided in Subsection V of this section shall not apply if the discharge resulting from the activities contains any toxic pollutant as set forth in rule by the commission or if a new activity brings a surface water of the state into farm production where the area of the surface water has not previously been used for farming.
1953 Comp., § 75-39-4.1, enacted by Laws 1973, ch. 326, § 4; 1985, ch. 157, § 1; 1989, ch. 248, § 1; 1993, ch. 100, § 3; 1993, ch. 291, § 5; 1999, ch. 21, § 1; 2005, ch. 195, § 1; 2009, ch. 194, § 2; 2025, ch. 112, § 3.
NMSA 1978, § 74-6-5.1 Disclosure statements
74-6-5.1. Disclosure statements
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 public safety. The commission in cooperation with the department of public safety shall determine the information to be contained in the disclosure statement. The disclosure statement shall be submitted to the constituent agency at the same time that the applicant files an application for a permit pursuant to Section 74-6-5 NMSA 1978. The commission shall adopt regulations designating additional categories of sources subject to the disclosure requirements of this section as it deems appropriate and necessary to carry out the purposes of this section.
B. Upon a request by the constituent agency, the department of public safety shall prepare and transmit to the constituent agency an investigative report on the applicant within ninety days after the department of public safety receives an administratively complete disclosure statement prepared by the applicant for a permit. The investigative report shall be based in part upon the disclosure statement. The ninety-day deadline for preparing the investigative report may be extended by the constituent agency for a reasonable period of time for good cause. The department of public safety in preparing the investigative report may request and receive criminal history information from any other law enforcement agency or organization. The constituent agency may also request information regarding a person who will be or could reasonably be expected to be involved in management activities of the permitted facility or a person who has a controlling interest in a permitted facility. The information received from a law enforcement agency shall be kept confidential by the department of public safety to the extent that confidentiality is imposed by the law enforcement agency as a condition for providing the information to the constituent agency or the commission.
C. All persons required to file a disclosure statement shall provide any assistance or information requested by the constituent agency or the department of public safety and shall cooperate in any inquiry or investigation conducted by the department of public safety. If a person required to file a disclosure statement refuses to comply with a formal request to answer an inquiry or produce information, evidence or testimony, the application of the applicant or the permit of the permittee shall be denied or terminated by the constituent agency.
D. If the information required to be included in the disclosure statement changes or if additional information should be added after the filing of the disclosure statement, the person required to file the disclosure statement shall provide the information to the constituent agency in writing within thirty days after the change or addition. Failure to provide the information within thirty days shall constitute the basis for the termination of a permit or denial of an application for a permit. Prior to terminating a permit or denying an application for a permit, the constituent agency shall notify the permittee or applicant of the constituent agency's intent to terminate a permit or deny an application and the constituent agency shall give the permittee or applicant fourteen days from the date of notice to satisfactorily explain why the information was not provided within the thirty-day period. The constituent agency shall consider the explanation of the permittee or applicant when determining whether to terminate the permit or deny the application for a permit.
E. No person shall be required to submit the disclosure statement required by this section if:
(1) the application is for a facility owned and operated by the state, a political subdivision of the state or an agency of the federal government or for the permitted disposal or use of septage or sludge on the premises where the sludge or septage is generated;
(2) the person has submitted a disclosure statement pursuant to this section within the previous year and no changes have occurred that would require disclosure under Subsection D of this section; or
(3) the person is a corporation or an officer, director or shareholder of that corporation and that corporation:
(a) has on file and in effect with the federal securities and exchange commission a registration statement required by Section 5, Chapter 38, Title 1 of the Securities Act of 1933, as amended;
(b) submits to the constituent agency with the application for a permit evidence of the registration described in Subparagraph (a) of this subsection and a copy of the corporation's most recent annual form 10-K or an equivalent report; and
(c) submits to the constituent agency on the anniversary date of the issuance of the permit evidence of registration described in Subparagraph (a) of this subsection and a copy of the corporation's most recent annual form 10-K or an equivalent report.
F. Permit decisions made pursuant to this section shall be subject to the procedures established in Section 74-6-5 NMSA 1978, including notice and appeals.
Laws 1993, ch. 291, § 12.
NMSA 1978, § 74-6-5.2 Water quality management fund created
74-6-5.2. Water quality management fund created
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 74-6-4 NMSA 1978 and for the operation and maintenance of a permitted facility pursuant to Subsection I of Section 74-6-5 NMSA 1978 shall be deposited in the fund. Money in the fund is appropriated to the department for the purpose of administering the rules adopted by the commission pursuant to Sections 74-6-4 and 74-6-5 NMSA 1978. Disbursements from the fund shall be made upon warrants drawn by the secretary of finance and administration pursuant to vouchers signed by the secretary of environment.
Laws 1993, ch. 100, § 4; 2025, ch. 112, § 4.
NMSA 1978, § 74-6-5.3 Neglected and contaminated sites fund; created
74-6-5.3. Neglected and contaminated sites fund; created
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 by or on behalf of the department arising from claims for enforcement actions, response actions or response costs relating to the contamination liability, including any fees, settlement funds, recovered litigation costs and any interest derived therefrom, shall be deposited in the fund.
B. The department shall administer the fund. Money in the fund is appropriated to the department for the state to respond to, investigate and remediate water pollution and contamination in soil and soil vapor.
C. Money in the fund shall be disbursed on warrants signed by the secretary of finance and administration pursuant to vouchers signed by the secretary of environment or the secretary's designee.
Laws 2025, ch. 112, § 8.
NMSA 1978, § 74-6-6 Adoption of regulations and standards; notice and hearing
74-6-6. Adoption of regulations and standards; notice and hearing
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 of the petition. The denial of such a petition shall not be subject to judicial review.
C. Hearings on regulations or water quality standards of statewide application shall be held in Santa Fe. Hearings on regulations or standards that are not of statewide application may be held within the area that is substantially affected by the regulation or standard. At least thirty days prior to the hearing date, notice of the hearing shall be published in the New Mexico register and a newspaper of general circulation in the area affected and mailed to all persons who have made a written request to the commission for advance notice of hearings and who have provided the commission with a mailing address. The notice shall state the subject, the time and the place of the hearing and the manner in which interested persons may present their views. The notice shall also state where interested persons may secure copies of any proposed regulation or water quality standard.
D. At the hearing, the commission shall allow all interested persons reasonable opportunity to submit data, views or arguments orally or in writing and to examine witnesses testifying at the hearing. The commission may designate a hearing officer to take evidence in the hearing. Any person heard or represented at the hearing shall be given written notice of the action of the commission.
E. No regulation or water quality standard or amendment or repeal thereof adopted by the commission shall become effective until thirty days after its filing in accordance with the provisions of the State Rules Act [Chapter 14, Article 4 NMSA 1978].
1953 Comp., § 75-39-5, enacted by Laws 1967, ch. 190, § 5; 1982, ch. 73, § 26; 1993, ch. 291, § 6.
NMSA 1978, § 74-6-7 Administrative action; judicial review
74-6-7. Administrative action; judicial review
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 may appeal to the court of appeals for further relief. All such appeals shall be upon the record made before the commission and shall be taken to the court of appeals within thirty days after the regulation, compliance order, permitting action or certification that is being appealed occurred. If an appeal of a regulation is made, then the date of the commission's action shall be the date of the filing of the regulation under the State Rules Act [Chapter 14, Article 4 NMSA 1978].
B. Upon appeal, the court of appeals shall set aside the commission's action only if it is found to be:
(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.
C. 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. The stay of the action may be granted by the commission or by the court of appeals if the commission denies a stay within ninety days after receipt of the application.
1953 Comp., § 75-39-6, enacted by Laws 1967, ch. 190, § 6; 1970, ch. 64, § 4; 1993, ch. 291, § 7.
NMSA 1978, § 74-6-8 Duties of constituent agencies
74-6-8. Duties of constituent agencies
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.
1953 Comp., § 75-39-7, enacted by Laws 1967, ch. 190, § 7.
NMSA 1978, § 74-6-9 Powers of constituent agencies
74-6-9. Powers of constituent agencies
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 carry out the responsibilities assigned to the constituent agency. The result of any investigation shall be reduced to writing and a copy furnished to the commission and to the owner or occupant of the premises investigated;
C. report to the commission and to other constituent agencies water pollution conditions that are believed to require action where the circumstances are such that the responsibility appears to be outside the responsibility assigned to the agency making the report;
D. respond to, investigate and remediate water pollution and contamination in soil and soil vapor; provided that in its investigation, the department shall identify responsible parties and shall prepare a written report of the investigation; and provided further that prior to remediation of water pollution and soil contamination in soil and soil vapor, the department shall:
(1) prepare a work plan consistent with rules adopted by the commission;
(2) issue public notice of the work plan; and
(3) provide opportunities for public comment and participation in accordance with rules adopted by the commission;
E. make every reasonable effort to obtain voluntary cooperation in the prevention or abatement of water pollution;
F. upon presentation of proper credentials, enter at reasonable times upon or through any premises in which a water contaminant source is located or in which are located any records required to be maintained by regulations of the federal government or the commission; provided that entry into any private residence without the permission of the owner shall be only by order of the district court for the county in which the residence is located and that, in connection with any entry provided for in this subsection, the constituent agency may:
(1) have access to and reproduce for its use any copy of the records;
(2) inspect any treatment works, monitoring equipment or methods required to be installed by regulations of the federal government or the commission; and
(3) sample any effluents, water contaminant or receiving waters;
G. on the same basis as any other person, recommend and propose regulations and standards for promulgation by the commission; and
H. on the same basis as any other person, present data, views or arguments and examine witnesses and otherwise participate at all hearings conducted by the commission or any other administrative agency with responsibility in the areas of environmental management, public health or consumer protection, but shall not be given any special status over any other party; provided that the participation by a constituent agency in a hearing shall not require the recusal or disqualification of the commissioner representing that constituent agency.
1953 Comp., § 75-39-8, enacted by Laws 1967, ch. 190, § 8; 1973, ch. 326, § 5; 1982, ch. 73, § 27; 1993, ch. 291, § 8; 2025, ch. 112, § 5.
NMSA 1978, § 74-6-10 Penalties enforcement; compliance orders; penalties; assurance of discontinuance
74-6-10. Penalties enforcement; compliance orders; penalties; 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 pursuant to that act, the constituent agency may:
(1) issue a compliance order requiring compliance immediately or within a specified time period or issue a compliance order assessing a civil penalty, or both; or
(2) commence a civil action in district court for appropriate relief, including injunctive relief.
B. A compliance order issued pursuant to Paragraph (1) of Subsection A of this section may include a suspension or termination of the permit allegedly violated.
C. A compliance order shall state with reasonable specificity the nature of the violation. Any penalty assessed in the compliance order shall not exceed:
(1) fifteen thousand dollars ($15,000) per day of noncompliance with the provisions in Section 74-6-5 NMSA 1978, including a regulation adopted or a permit issued pursuant to that section; or
(2) ten thousand dollars ($10,000) per day for each violation of a provision of the Water Quality Act other than the provisions in Section 74-6-5 NMSA 1978 or of a regulation or water quality standard adopted pursuant to the Water Quality Act.
D. In assessing a penalty authorized by this section, the constituent agency shall take into account the seriousness of the violation, any good faith efforts to comply with the applicable requirements and other relevant factors.
E. For purposes of this section, a single operational event that leads to simultaneous violations of more than one standard shall be treated as a single violation.
F. If a person fails to take corrective actions within the time specified in a compliance order, the constituent agency may:
(1) assess a civil penalty of not more than twenty-five thousand dollars ($25,000) for each day of continued noncompliance with the compliance order; and
(2) suspend or terminate the permit violated by the person.
G. A compliance order issued by a constituent agency pursuant to this section shall become final unless, no later than thirty days after the compliance order is served, a person named in the compliance order submits a written request to the commission for a public hearing. The commission shall conduct a public hearing within ninety days after receipt of a request.
H. The commission may appoint an independent hearing officer to preside over a public hearing held pursuant to Subsection G of this section. The hearing officer shall:
(1) make and preserve a complete record of the proceedings; and
(2) forward to the commission a report that includes recommendations if recommendations are requested by the commission.
I. The commission shall consider the findings of the independent hearing officer, and based on the evidence presented at the hearing, the commission shall make a final decision regarding the compliance order.
J. In connection with any proceeding provided for in this section, the commission may:
(1) adopt rules for discovery procedures; and
(2) issue subpoenas for the attendance and testimony of witnesses and for relevant papers, books and documents.
K. Penalties collected pursuant to this section shall be deposited in the general fund.
L. As an additional means of enforcing the Water Quality Act or any regulation or standard of the commission, the commission may accept an assurance of discontinuance of any act or practice deemed in violation of the Water Quality Act, or any regulation or standard adopted pursuant to that act, from any person engaging in, or who has engaged in, such act or practice, signed and acknowledged by the chair of the commission and the party affected. Any such assurance shall specify a time limit during which the discontinuance is to be accomplished.
1953 Comp., § 75-39-9, enacted by Laws 1967, ch. 190, § 9; 1970, ch. 64, § 5; 1993, ch. 291, § 9; 2025, ch. 112, § 6.
NMSA 1978, § 74-6-10.1 Civil penalties
74-6-10.1. Civil penalties
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 who violates any provision of the Water Quality Act other than Section 74-6-5 NMSA 1978 or any person who violates any regulation, water quality standard or compliance order adopted pursuant to that act shall be assessed civil penalties up to the amount of ten thousand dollars ($10,000) per day for each violation.
Laws 1993, ch. 291, § 14.
NMSA 1978, § 74-6-10.2 Criminal penalties
74-6-10.2. Criminal penalties
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, certification or omission of material fact in an application, record, report, plan or other document filed, submitted or required to be maintained under the Water Quality Act;
(3) falsify, tamper with or render inaccurate any monitoring device, method or record required to be maintained under the Water Quality Act;
(4) fail to monitor, sample or report as required by a permit issued pursuant to a state or federal law or regulation; or
(5) introduce into a sewerage system or into a publicly owned treatment works any water contaminant or hazardous substance, other than in compliance with all applicable federal, state or local requirements or permits, that the person knew or reasonably should have known could cause personal injury or property damage, which causes the treatment works to violate an effluent limitation or condition in a permit issued to the treatment works pursuant to the Water Quality Act or applicable federal water quality statutes.
B. Any 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 Section 31-18-15 NMSA 1978.
C. Any 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 Section 31-18-15 NMSA 1978.
D. Any 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 Section 31-18-15 NMSA 1978.
E. Any person who knowingly violates Subsection A of this section and knows at the time of the violation that he 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 Section 31-18-15 NMSA 1978.
F. A single operational event that leads to simultaneous violations of more than one water contaminant parameter shall be treated as a single violation.
Laws 1993, ch. 291, § 15.
NMSA 1978, § 74-6-10.3 Liability; scope; defenses; contribution
74-6-10.3. Liability; scope; defenses; contribution
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 liable for the release of a water contaminant that occurred prior to and since the effective date of this 2025 act.
B. Liability shall include:
(1) all costs of removal or remedial action incurred by the state;
(2) any other necessary costs of response incurred by any other person;
(3) damages for injury to, destruction of or loss of natural resources, including the reasonable costs of assessing such injury, destruction or loss, resulting from a release of water contaminants; and
(4) the cost of any health assessment or health effects study carried out pursuant to rules promulgated by the commission.
C. Liability defenses of the responsible party shall include, if established by a preponderance of the evidence:
(1) an act of God;
(2) an act of war;
(3) an act or omission of a third party if:
(a) the defendant exercised due care with respect to the water contaminant concerned, taking into consideration the characteristics of such contamination, in light of all relevant facts and circumstances;
(b) the defendant took precautions against foreseeable acts or omissions of any such third party and the consequences that could foreseeably result from such acts or omissions;
(c) the third party was not an employee or agent of the defendant at the time of the release; and
(d) the third party was not one whose act or omission occurred in connection with a contractual relationship, existing directly or indirectly, with the defendant;
(4) an act authorized by and in compliance with a permit issued pursuant to the Water Quality Act;
(5) a party that holds only a security interest in property where there has been water pollution;
(6) a party who is an innocent purchaser or a bona fide prospective purchaser as defined in 42 U.S.C. 9601;
(7) a party who owned or operates property where water pollution has migrated onto the property from a property not owned or operated by that party;
(8) a party acting as a fiduciary in accordance with its fiduciary duty for property where there has been water pollution; or
(9) any combination of Paragraphs (1) through (8) of this subsection.
D. Any person who incurs costs associated with an abatement plan as approved by the department consistent with the rules adopted by the commission may file an action in district court to seek contribution from any other person who is liable or potentially liable with respect to the release of water contaminants pursuant to the Water Quality Act. In resolving contribution claims, the court may allocate response costs among liable parties using such equitable factors as the court determines are appropriate. Nothing in this subsection shall diminish the right of any person to bring an action for contribution under any other law.
E. The department may bring an action in district court against any responsible party to recover response or remediation costs. The department may settle the liability of any responsible party for response or remediation costs through an administratively or judicially approved settlement.
F. A person who has resolved liability to the state in an administrative or judicially approved settlement shall not be liable for claims for contribution regarding matters addressed in the settlement. Such settlement does not discharge any of the other potentially liable persons unless its terms so provide, but it reduces the potential liability of the others by the amount of the settlement.
Laws 2025, ch. 112, § 9.
NMSA 1978, § 74-6-11 Emergency; powers of delegated constituent agencies; penalties
74-6-11. Emergency; powers of delegated constituent agencies; 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 court for the county in which such a source is located to:
(1) restrain immediately any person causing or contributing to the alleged condition from further causing or contributing to the condition; or
(2) take such other action as deemed necessary and appropriate.
B. If it is not practicable to assure prompt protection of public health solely by commencement of a civil action as set forth in Subsection A of this section, the constituent agency may issue such orders as it deems necessary to protect public health. Any order issued by the constituent agency shall be effective for not more than seventy-two hours unless the constituent agency brings an action in district court within the seventy-two hour period. If the constituent agency brings an action within seventy-two hours of issuance of the order, the order shall be effective for one hundred sixty-eight hours or for a longer period of time authorized by the court.
C. Any person who willfully violates or fails or refuses to comply with an order issued by a constituent agency under Subsection B of this section shall, upon conviction, be punished by a fine of not more than five thousand dollars ($5,000) for each day during which the violation, failure or refusal occurs.
1953 Comp., § 75-39-10, enacted by Laws 1967, ch. 190, § 10; 1970, ch. 64, § 6; 1971, ch. 277, § 52; 1993, ch. 291, § 10.
NMSA 1978, § 74-6-12 Limitations
74-6-12. Limitations
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 activity or condition subject to the authority of the environmental improvement board pursuant to the Hazardous Waste Act [Chapter 74, Article 4 NMSA 1978], the Ground Water Protection Act [Chapter 74, Article 6B NMSA 1978] or the Solid Waste Act [Chapter 74, Article 6B NMSA 1978] except to abate water pollution or to control the disposal or use of septage and sludge.
C. The Water Quality Act does not authorize the commission to adopt a rule with respect to a condition or quality of water if the water pollution and its effects are confined entirely within the boundaries of property within which the water pollution occurs when the water does not combine with other waters.
D. The Water Quality Act does not grant to the commission any jurisdiction or authority affecting the relation between employers and employees with respect to or arising out of a condition or quality of water.
E. The Water Quality Act does not supersede or limit the applicability of a law relating to industrial health, safety or sanitation.
F. Except as required by federal law or for surface water discharges permitted pursuant to the Water Quality Act, in the adoption of rules and water quality standards and in an action for enforcement of the Water Quality Act and rules adopted pursuant to that act, reasonable degradation of water quality resulting from beneficial use shall be allowed. The degradation shall not result in impairment of water quality to the extent that water quality standards are exceeded.
G. Except for a surface water discharge for which a permit is required under rules adopted pursuant to Subsection R of Section 74-6-4 NMSA 1978, the Water Quality Act does not apply to an activity or condition subject to the authority of the oil conservation commission pursuant to provisions of the Oil and Gas Act [Chapter 70, Article 2 NMSA 1978] and other laws conferring power on the oil conservation commission to prevent or abate water pollution.
H. When changes in dissolved oxygen, temperature, dissolved solids, sediment or turbidity in a water of the state is attributable to natural causes or to the reasonable operation of irrigation and flood control facilities that are not subject to federal or state water pollution control permitting, numerical standards for temperature, dissolved solids content, dissolved oxygen, sediment or turbidity adopted under the Water Quality Act do not apply. "Reasonable operation", as used in this subsection, shall be defined by rule of the commission.
1953 Comp., § 75-39-11, enacted by Laws 1967, ch. 190, § 11; 1973, ch. 326, § 6; 1993, ch. 291, § 11; 1995, ch. 133, § 1; 1999, ch. 152, § 1; 2025, ch. 112, § 7.
NMSA 1978, § 74-6-13 Construction
74-6-13. Construction
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 or any political subdivision or person as owner of water rights or otherwise, in the exercise of their rights in equity or under the common law or statutory law to suppress nuisances or to abate pollution.
1953 Comp., § 75-39-12, enacted by Laws 1967, ch. 190, § 12.
NMSA 1978, § 74-6-15 Confidential information; penalties
74-6-15. Confidential information; penalties
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 parts of the records, reports or information shall be held confidential, if a person can demonstrate to the commission or constituent agency that the records, reports or information or particular parts of the records, reports or information, if made public, would divulge confidential business records or methods or processes entitled to protection as trade secrets. Except that the record, report or information may be disclosed:
(1) to officers, employees or authorized representatives of the commission or a constituent agency concerned with carrying out the purposes and provisions of the Water Quality Act;
(2) to officers, employees or authorized representatives of the United States government; or
(3) when relevant in any proceeding pursuant to the Water Quality Act or the federal act.
B. The commission shall promulgate regulations to implement the provisions of this section, including regulations specifying business records entitled to protection as confidential.
C. An officer, employee or authorized representative of the commission or a constituent agency who knowingly or willfully publishes, divulges, discloses or makes known any information that is required to be considered confidential pursuant to this section shall be fined not more than one thousand dollars ($1,000) or imprisonment of not more than one year, or both.
Laws 1993, ch. 291, § 13.
NMSA 1978, § 74-6-16 Effect and enforcement of Water Quality Act during transition
74-6-16. Effect and enforcement of Water Quality Act during 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 that date until repealed or amended, unless in conflict with, prohibited by or inconsistent with the provisions of the Water Quality Act.
B. All enforcement actions taken before the effective date of this 1993 act shall be valid if based upon a violation of the Water Quality Act, including any regulation or water quality standard that was in effect at the time of the violation.
Laws 1993, ch. 291, § 16.
NMSA 1978, § 74-6-17 Termination of agency life; delayed repeal
74-6-17. Termination of agency life; delayed repeal
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, Sections 74-6-3 through 74-6-4 NMSA 1978 are repealed.
1978 Comp., § 74-6-13.1, enacted by Laws 1987, ch. 333, § 15; 1993, ch. 291, § 17; 1999, ch. 21, § 2; 2005, ch. 208, § 26; 2013, ch. 166, § 8; 2019, ch. 168, § 5; 2025, ch. 66, § 5.
Source: New Mexico Compilation Commission (nmonesource.com)URL: https://nmonesource.com/nmos/nmsa-unanno/en/item/18577/index.doFetched: 10/20/2026