The bill amends the Water Quality Act in New Mexico to enhance the regulation and management of water pollution. It introduces new definitions such as "barrier," "compensatory mitigation," and "responsible party," while revising existing terms like "gray water" and "water contaminant." Key provisions include the establishment of the Neglected and Contaminated Sites Fund, general permit coverage for multiple dischargers, and the empowerment of the Water Quality Control Commission to deny permits that could exceed state or tribal water quality standards. The bill also mandates the commission to adopt rules for a discharge program, emphasizes public health and environmental protection, and outlines enforcement mechanisms, penalties, and appeals processes to ensure transparency and accountability.
Additionally, the bill enhances public participation in the permitting process by requiring consideration of accessible communication methods for public notices and allowing for fixed-term permits of up to ten years. It creates a nonreverting "water quality management fund" and expands the powers of constituent agencies to respond to water pollution. The bill establishes civil penalties for noncompliance with compliance orders and introduces the New Mexico Pollutant Discharge Elimination System Act, which requires permits for discharging pollutants into U.S. waters. Overall, the legislation aims to strengthen the regulatory framework for water quality management, enhance accountability, and ensure the protection of public health and the environment.
Statutes affected: JU substitute: 74-6-2, 74-6-4, 74-6-5, 74-6-5.2, 74-6-9, 74-6-10, 74-6-12