0001| AN ACT | 0002| RELATING TO WATER QUALITY REGULATIONS; REGULATING THE TRANSPORT OF | 0003| SEPTAGE AND SLUDGE. | 0004| | 0005| BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO: | 0006| Section 1. Section 74-6-4 NMSA 1978 (being Laws 1967, Chapter | 0007| 190, Section 4, as amended) is amended to read: | 0008| "74-6-4. DUTIES AND POWERS OF COMMISSION.--The commission: | 0009| A. may accept and supervise the administration of loans and | 0010| grants from the federal government and from other sources, public or | 0011| private, which loans and grants shall not be expended for other than | 0012| the purposes for which provided; | 0013| B. shall adopt a comprehensive water quality management | 0014| program and develop a continuing planning process; | 0015| C. shall adopt water quality standards for surface and | 0016| ground waters of the state subject to the Water Quality Act. The | 0017| standards shall include narrative standards and as appropriate, the | 0018| designated uses of the waters and the water quality criteria necessary | 0019| to protect such uses. The standards shall at a minimum protect the | 0020| public health or welfare, enhance the quality of water and serve the | 0021| purposes of the Water Quality Act. In making standards, the | 0022| commission shall give weight it deems appropriate to all facts and | 0023| circumstances, including the use and value of the water for water | 0024| supplies, propagation of fish and wildlife, recreational purposes and | 0025| agricultural, industrial and other purposes; | 0001| D. shall adopt, promulgate and publish regulations to | 0002| prevent or abate water pollution in the state or in any specific | 0003| geographic area, aquifer or watershed of the state or in any part | 0004| thereof, or for any class of waters, and to govern the transport and | 0005| disposal of septage and sludge and the use of sludge for various | 0006| beneficial purposes. The regulations governing the transport and | 0007| disposal of septage and sludge may include the use of tracking and | 0008| permitting systems or other reasonable means necessary to assure that | 0009| septage and sludge are designated for disposal in, and arrive at, | 0010| disposal facilities, other than facilities on the premises where the | 0011| septage and sludge is generated, for which a permit or other | 0012| authorization has been issued pursuant to the federal act or the Water | 0013| Quality Act. Regulations shall not specify the method to be used to | 0014| prevent or abate water pollution but may specify a standard of | 0015| performance for new sources that reflects the greatest reduction in | 0016| the concentration of water contaminants that the commission determines | 0017| to be achievable through application of the best available | 0018| demonstrated control technology, processes, operating methods or other | 0019| alternatives, including where practicable a standard permitting no | 0020| discharge of pollutants. In making regulations, the commission shall | 0021| give weight it deems appropriate to all relevant facts and | 0022| circumstances, including: | 0023| (1) character and degree of injury to or interference | 0024| with health, welfare, environment and property; | 0025| (2) the public interest, including the social and | 0001| economic value of the sources of water contaminants; | 0002| (3) technical practicability and economic | 0003| reasonableness of reducing or eliminating water contaminants from the | 0004| sources involved and previous experience with equipment and methods | 0005| available to control the water contaminants involved; | 0006| (4) successive uses, including but not limited to | 0007| domestic, commercial, industrial, pastoral, agricultural, wildlife and | 0008| recreational uses; | 0009| (5) feasibility of a user or a subsequent user | 0010| treating the water before a subsequent use; | 0011| (6) property rights and accustomed uses; and | 0012| (7) federal water quality requirements; | 0013| E. shall assign responsibility for administering its | 0014| regulations to constituent agencies so as to assure adequate coverage | 0015| and prevent duplication of effort. To this end, the commission may | 0016| make such classification of waters and sources of water contaminants | 0017| as will facilitate the assignment of administrative responsibilities | 0018| to constituent agencies. The commission shall also hear and decide | 0019| disputes between constituent agencies as to jurisdiction concerning | 0020| any matters within the purpose of the Water Quality Act. In assigning | 0021| responsibilities to constituent agencies, the commission shall give | 0022| priority to the primary interests of the constituent agencies. The | 0023| department of environment shall provide technical services, including | 0024| certification of permits pursuant to the federal act; | 0025| F. may enter into or authorize constituent agencies to | 0001| enter into agreements with the federal government or other state | 0002| governments for purposes consistent with the Water Quality Act and | 0003| receive and allocate to constituent agencies funds made available to | 0004| the commission; | 0005| G. may grant an individual variance from any regulation of | 0006| the commission whenever it is found that compliance with the | 0007| regulation will impose an unreasonable burden upon any lawful | 0008| business, occupation or activity. The commission may only grant a | 0009| variance conditioned upon a person effecting a particular abatement of | 0010| water pollution within a reasonable period of time. Any variance | 0011| shall be granted for the period of time specified by the commission. | 0012| The commission shall adopt regulations specifying the procedure under | 0013| which variances may be sought, which regulations shall provide for the | 0014| holding of a public hearing before any variance may be granted; | 0015| H. may adopt regulations to require the filing with it or a | 0016| constituent agency of proposed plans and specifications for the | 0017| construction and operation of new sewer systems, treatment works or | 0018| sewerage systems or extensions, modifications of or additions to new | 0019| or existing sewer systems, treatment works or sewerage systems. | 0020| Filing with and approval by the federal housing administration of | 0021| plans for an extension to an existing or construction of a new | 0022| sewerage system intended to serve a subdivision solely residential in | 0023| nature shall be deemed compliance with all provisions of this | 0024| subsection; | 0025| I. may adopt regulations requiring notice to it or a | 0001| constituent agency of intent to introduce or allow the introduction of | 0002| water contaminants into waters of the state; | 0003| J. may adopt regulations establishing pretreatment | 0004| standards that prohibit or control the introduction into publicly | 0005| owned sewerage systems of water contaminants that are not susceptible | 0006| to treatment by the treatment works or that would interfere with the | 0007| operation of the treatment works; | 0008| K. shall not require a permit respecting the use of water | 0009| in irrigated agriculture, except in the case of the employment of a | 0010| specific practice in connection with such irrigation that | 0011| documentation or actual case history has shown to be hazardous to | 0012| public health or the environment; and | 0013| L. shall coordinate application procedures and funding | 0014| cycles for loans and grants from the federal government and from other | 0015| sources, public or private, with the local government division of the | 0016| department of finance and administration pursuant to the New Mexico | 0017| Community Assistance Act." | 0018| Section 2. Section 74-6-5 NMSA 1978 (being Laws 1973, Chapter | 0019| 326, Section 4, as amended by Laws 1993, Chapter 100, Section 3 and | 0020| also by Laws 1993, Chapter 291, Section 5) is amended to read: | 0021| "74-6-5. PERMITS--CERTIFICATION--APPEALS TO COMMISSION.-- | 0022| A. By regulation the commission may require persons to | 0023| obtain from a constituent agency designated by the commission a permit | 0024| for the discharge of any water contaminant or for the transport, | 0025| disposal or re-use of septage or sludge. | 0001| B. The commission shall adopt regulations establishing | 0002| procedures for certifying federal water quality permits. | 0003| C. Prior to the issuance of a permit, the constituent | 0004| agency may require the submission of plans, specifications and other | 0005| relevant information that it deems necessary. | 0006| D. The commission shall by regulation set the dates upon | 0007| which applications for permits shall be filed and designate the time | 0008| periods within which the constituent agency shall, after the filing of | 0009| an administratively complete application for a permit, either grant | 0010| the permit, grant the permit subject to conditions or deny the permit. | 0011| E. The constituent agency shall deny any application for a | 0012| permit or deny the certification of a federal water quality permit if: | 0013| (1) the effluent would not meet applicable state or | 0014| federal effluent regulations, standards of performance or limitations; | 0015| (2) any provision of the Water Quality Act would be | 0016| violated; | 0017| (3) the discharge would cause or contribute to water | 0018| contaminant levels in excess of any state or federal standard. | 0019| Determination of the discharges' effect on ground water shall be | 0020| measured at any place of withdrawal of water for present or reasonably | 0021| foreseeable future use. Determination of the discharges' effect on | 0022| surface waters shall be measured at the point of discharge; or | 0023| (4) the applicant has, within the ten years | 0024| immediately preceding the date of submission of the permit | 0025| application: | 0001| (a) knowingly misrepresented a material fact in | 0002| an application for a permit; | 0003| (b) refused or failed to disclose any | 0004| information required under the Water Quality Act; | 0005| (c) been convicted of a felony or other crime | 0006| involving moral turpitude; | 0007| (d) been convicted of a felony in any court for | 0008| any crime defined by state or federal law as being a restraint of | 0009| trade, price-fixing, bribery or fraud; | 0010| (e) exhibited a history of willful disregard for | 0011| environmental laws of any state or the United States; or | 0012| (f) had an environmental permit revoked or | 0013| permanently suspended for cause under any environmental laws of any | 0014| state or the United States. | 0015| F. The commission shall by regulation develop procedures | 0016| that ensure that the public, affected governmental agencies and any | 0017| other state whose water may be affected shall receive notice of each | 0018| application for issuance or modification of a permit. No ruling shall | 0019| be made on any application for a permit without opportunity for a | 0020| public hearing at which all interested persons shall be given a | 0021| reasonable chance to submit data, views or arguments orally or in | 0022| writing and to examine witnesses testifying at the hearing. | 0023| G. The commission may adopt regulations for the operation | 0024| and maintenance of the permitted facility, including requirements, as | 0025| may be necessary or desirable, that relate to continuity of operation, | 0001| personnel training and financial responsibility, including financial | 0002| responsibility for corrective action. | 0003| H. Permits shall be issued for fixed terms not to exceed | 0004| five years, except that for new discharges, the term of the permit | 0005| shall commence on the date the discharge begins, but in no event shall | 0006| the term of the permit exceed seven years from the date the permit was | 0007| issued. | 0008| I. By regulation, the commission may impose reasonable | 0009| conditions upon permits requiring permittees to: | 0010| (1) install, use and maintain effluent monitoring | 0011| devices; | 0012| (2) sample effluents and receiving waters for any | 0013| known or suspected water contaminants in accordance with methods and | 0014| at locations and intervals as may be prescribed by the commission; | 0015| (3) establish and maintain records of the nature and | 0016| amounts of effluents and the performance of effluent control devices; | 0017| (4) provide any other information relating to the | 0018| discharge or direct or indirect release of water contaminants; and | 0019| (5) notify a constituent agency of the introduction | 0020| of new water contaminants from a new source and of a substantial | 0021| change in volume or character of water contaminants being introduced | 0022| from sources in existence at the time of the issuance of the permit. | 0023| J. The commission shall provide by regulation a schedule of | 0024| fees for permits, not exceeding the estimated cost of investigation | 0025| and issuance, modification and renewal of permits. Fees collected | 0001| pursuant to this section shall be deposited in the water quality | 0002| management fund. | 0003| K. The issuance of a permit does not relieve any person | 0004| from the responsibility of complying with the provisions of the Water | 0005| Quality Act, any applicable regulations or water quality standards of | 0006| the commission or any applicable federal laws, regulations or | 0007| standards. | 0008| L. A permit may be terminated or modified by the | 0009| constituent agency that issued the permit prior to its date of | 0010| expiration for any of the following causes: | 0011| (1) violation of any condition of the permit; | 0012| (2) obtaining the permit by misrepresentation or | 0013| failure to disclose fully all relevant facts; | 0014| (3) violation of any provisions of the Water Quality | 0015| Act or any applicable regulations, standard of performance or water | 0016| quality standards; | 0017| (4) violation of any applicable state or federal | 0018| effluent regulations or limitations; or | 0019| (5) change in any condition that requires either a | 0020| temporary or permanent reduction or elimination of the permitted | 0021| discharge. | 0022| M. If the constituent agency denies, terminates or modifies | 0023| a permit or grants a permit subject to condition, the constituent | 0024| agency shall notify the applicant or permittee by certified mail of | 0025| the action taken and the reasons. | 0001| N. A person who participated in a permitting action before | 0002| a constituent agency or a person affected by a certification of a | 0003| federal permit and who is adversely affected by such permitting action | 0004| or certification may file a petition for hearing before the | 0005| commission. The petition shall be made in writing to the commission | 0006| within thirty days from the date notice is given of the constituent | 0007| agency's action. Unless a timely request for hearing is made, the | 0008| decision of the constituent agency shall be final. | 0009| O. If a timely petition for hearing is made, the commission | 0010| shall hold a hearing within ninety days after receipt of the petition. | 0011| The commission shall notify the petitioner and the applicant or | 0012| permittee if other than the petitioner by certified mail of the date, | 0013| time and place of the hearing. If the commission deems the action | 0014| that is the subject of the petition to be affected with substantial | 0015| public interest, it shall ensure that the public receives notice of | 0016| the date, time and place of the hearing and is given a reasonable | 0017| chance to submit data, views or arguments orally or in writing and to | 0018| examine witnesses testifying at the hearing. A person submitting | 0019| data, views or arguments orally or in writing shall be subject to | 0020| examination at the hearing. In the hearing, the burden of proof shall | 0021| be upon the petitioner. The commission may designate a hearing | 0022| officer to take evidence in the hearing. Based upon the evidence | 0023| presented at the hearing, the commission shall sustain, modify or | 0024| reverse the action of the constituent agency. | 0025| P. If the petitioner requests, the hearing shall be | 0001| recorded at the cost of the petitioner. Unless the petitioner | 0002| requests that the hearing be recorded, the decision of the | 0003| commission shall be final." |