A. The department is responsible for environmental management and consumer protection programs. In that respect, the department shall maintain, develop and enforce rules and standards in the following areas:
(1) food protection;
(2) water supply, including implementing a capacity development program to assist water systems in acquiring and maintaining technical, managerial and financial capacity in accordance with Section 1420 of the federal Safe Drinking Water Act and establishing administrative penalties for enforcement;
(3) liquid waste, including exclusive authority to collect on-site liquid waste system fees that are no more than the average charged by the contiguous states to New Mexico for similar permits and services and to implement and administer an inspection and permitting program for on-site liquid waste systems;
(4) air quality management as provided in the Air Quality Control Act [Chapter 74, Article 2 NMSA 1978];
(5) radiation control as provided in the Radiation Protection Act [Chapter 74, Article 3 NMSA 1978];
(6) noise control;
(7) nuisance abatement;
(8) vector control;
(9) occupational health and safety as provided in the Occupational Health and Safety Act [50-9-1 to 50-9-25 NMSA 1978];
(10) sanitation of public swimming pools and public baths;
(11) plumbing, drainage, ventilation and sanitation of public buildings in the interest of public health;
(12) medical radiation, health and safety certification and standards for radiologic technologists as provided in the Medical Radiation Health and Safety Act [Medical Imaging and Radiation Therapy Health and Safety Act, Chapter 61, Article 14E NMSA 1978];
(13) hazardous wastes and underground storage tanks as provided in the Hazardous Waste Act [Chapter 74, Article 4 NMSA 1978]; and
(14) solid waste as provided in the Solid Waste Act [74-9-1 NMSA 1978].
B. Nothing in Subsection A of this section imposes requirements for the approval of subdivision plats in addition to those required elsewhere by law. Nothing in Subsection A of this section preempts the authority of any political subdivision to approve subdivision plats.
History: 1953 Comp., § 12-19-10, enacted by Laws 1971, ch. 277, § 10; recompiled as 1953 Comp., § 12-12-10 by Laws 1972, ch. 51, § 9; 1973, ch. 340, § 5; 1977, ch. 122, § 5; 1983, ch. 317, § 13; 1989, ch. 223, § 1; 1989, ch. 289, § 2; 1990, ch. 99, § 64; 1997, ch. 139, § 7; 1999, ch. 203, § 1; 2000, ch. 86, § 1; 2000, ch. 96, § 1.
ANNOTATIONSBracketed material. — The bracketed material was inserted by the compiler and is not part of the law. Laws 2009, ch. 106, § 1 changed the title of Chapter 61, Article 14E from "Medical Radiation Health and Safety Act" to "Medical Imaging and Radiation Therapy Health and Safety Act".
Cross references. — For definition of "department," see 74-1-3 NMSA 1978.
For the Solid Waste Act, see 74-9-1 NMSA 1978 and notes thereto.
For the federal Safe Drinking Water Act, see 21 U.S.C. § 349 and 42 U.S.C. § 300f et seq.
2000 multiple amendments. — Laws 2000, ch. 86, § 1, effective May 17, 2000, substituting "rules" for "regulations" throughout the section, and inserting "and establishment of license, registration and other related fees" in Subsection A(5), was approved March 7, 2000. However, Laws 2000, ch. 96, § 1 also effective May 17, 2000, substituting "rules" for "regulations" in the preliminary language of Subsection A and inserting "to collect on-site liquid waste system fees that are no more than the average charged by the contiguous states to New Mexico for similar permits and services and" in Subsection A(3) was approved later on March 7, 2000. The section is set out as amended by Laws 2000, ch. 96, § 1. See 12-1-8 NMSA 1978.
The 1999 amendment, effective April 6, 1999, rewrote the section heading, which formerly read "Environment", and substituted the language beginning "implementing a capacity development program" for "regulations establishing a reasonable system of fees for the provision of services by the department to public water supply systems, and water pollution as provided in the Water Quality Act" in Subsection A(2).
The 1997 amendment, effective June 20, 1997, substituted "environment department" for "environmental improvement agency" in the section heading; substituted "department" for "agency" throughout the section; and added "including exclusive authority to implement and administer an inspection and permitting program for on-site liquid waste systems;" in Paragraph A(3).
Conflict between municipal ordinance and state statute. — As a matter of statutory interpretation, the specific grant to the NMED in the Environmental Improvement Act trumps the city's claim to general authority under the Sewage Facilities Act. Interstate Nuclear Servs. Corp. v. Santa Fe, 179 F Supp.2d 1253 (D.N.M. 2000).
The secretary has jurisdiction over questions relating to the proper category of permit for a mixed waste landfill. Citizen Action v. Sandia Corp., 2008-NMCA-031, 143 N.M. 620, 179 P.3d 1228, cert. denied, 2008-NMCERT-002, 143 N.M. 665, 180 P.3d 674.
Agency is not given all-encompassing power to abate nuisances. Gonzalez v. Whitaker, 97 N.M. 710, 643 P.2d 274 (Ct. App.), cert. denied, 98 N.M. 336, 648 P.2d 794 (1982).
Abating nuisance is within jurisdiction of courts. — It readily falls within the traditional jurisdiction of the court to enjoin, abate or impose damages for creation of a nuisance. Gonzalez v. Whitaker, 97 N.M. 710, 643 P.2d 274 (Ct. App.), cert. denied, 98 N.M. 336, 648 P.2d 794 (1982).
No authority to deputize local officials. — The environmental improvement division (now department) (EID) may seek assistance from city and county law enforcement agencies to enforce asbestos disposal regulations pursuant to the Mutual Aid Act, 29-8-1 to 29-8-3 NMSA 1978, but it cannot deputize city or county law enforcement officials to act as EID agents to enforce the division's asbestos disposal regulations. 1987 Op. Att'y Gen. No. 87-48.
Law reviews. — For note, "On Building Better Laws for New Mexico's Environment," see 4 N.M.L. Rev. 105 (1973).
For note, "State Control of Low-Level Nuclear Waste Disposal," see 17 Nat. Resources J. 683 (1977).
Am. Jur. 2d, A.L.R. and C.J.S. references. — 39A C.J.S. Health and Environment § 133.