0001| HOUSE BILL 1101 | 0002| 43rd legislature - STATE OF NEW MEXICO - first session, 1997 | 0003| INTRODUCED BY | 0004| GARY K. KING | 0005| | 0006| | 0007| | 0008| | 0009| | 0010| AN ACT | 0011| RELATING TO ENVIRONMENTAL IMPROVEMENT; CREATING GUIDELINES FOR | 0012| REGULATIONS AND STANDARDS ADOPTED BY THE ENVIRONMENTAL | 0013| IMPROVEMENT BOARD AND THE WATER QUALITY CONTROL COMMISSION. | 0014| | 0015| BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO: | 0016| Section 1. Section 74-1-8 NMSA 1978 (being Laws 1971, | 0017| Chapter 277, Section 11, as amended) is amended to read: | 0018| "74-1-8. ENVIRONMENTAL IMPROVEMENT BOARD--DUTIES.-- | 0019| A. The board is responsible for environmental | 0020| management and consumer protection. In that respect, the board | 0021| shall promulgate regulations and standards in the following | 0022| areas: | 0023| (1) food protection; | 0024| (2) water supply, including regulations | 0025| establishing a reasonable system of fees for the provision of | 0001| services by the agency to public water supply systems; | 0002| (3) liquid waste; | 0003| (4) air quality management as provided in the | 0004| Air Quality Control Act; | 0005| (5) radiation control as provided in the | 0006| Radiation Protection Act; | 0007| (6) noise control; | 0008| (7) nuisance abatement; | 0009| (8) vector control; | 0010| (9) occupational health and safety as provided | 0011| in the Occupational Health and Safety Act; | 0012| (10) sanitation of public swimming pools and | 0013| public baths; | 0014| (11) plumbing, drainage, ventilation and | 0015| sanitation of public buildings in the interest of public | 0016| health; | 0017| (12) medical radiation, health and safety | 0018| certification and standards for radiologic technologists as | 0019| provided in the Medical Radiation Health and Safety Act; | 0020| (13) hazardous wastes and underground storage | 0021| tanks as provided in the Hazardous Waste Act; and | 0022| (14) solid waste as provided in the Solid | 0023| Waste Act. | 0024| B. Nothing in Subsection A of this section imposes | 0025| requirements for the approval of subdivision plats in addition | 0001| to those required elsewhere by law. Nothing in Subsection A of | 0002| this section preempts the authority of any political | 0003| subdivision to approve subdivision plats. | 0004| C. Fees collected pursuant to Paragraph (2) of | 0005| Subsection A of this section shall be deposited in the water | 0006| supply fund. | 0007| D. No state regulation or standard promulgated | 0008| pursuant to Paragraph (2), (3), (4), (13) or (14) of Subsection | 0009| A of this section that is more stringent than a federal mandate | 0010| or more stringent than an existing state regulation or standard | 0011| or new state regulation or standard promulgated under state | 0012| authority shall be adopted unless the following are completed: | 0013| (1) an assessment showing the risk to public | 0014| health and the environment of not implementing or adopting the | 0015| proposed regulation or standard; and | 0016| (2) a technically based review ensuring that | 0017| the regulation or standard has a sound scientific basis." | 0018| Section 2. Section 74-6-4 NMSA 1978 (being Laws 1967, | 0019| Chapter 190, Section 4, as amended) is amended to read: | 0020| "74-6-4. DUTIES AND POWERS OF COMMISSION.--The | 0021| commission: | 0022| A. may accept and supervise the administration of | 0023| loans and grants from the federal government and from other | 0024| sources, public or private, which loans and grants shall not be | 0025| expended for other than the purposes for which provided; | 0001| B. shall adopt a comprehensive water quality | 0002| management program and develop a continuing planning process; | 0003| C. shall adopt water quality standards for surface | 0004| and ground waters of the state subject to the Water Quality | 0005| Act. The standards shall include narrative standards and as | 0006| appropriate, the designated uses of the waters and the water | 0007| quality criteria necessary to protect such uses. The standards | 0008| shall at a minimum protect the public health or welfare, | 0009| enhance the quality of water and serve the purposes of the | 0010| Water Quality Act. In making standards, the commission shall | 0011| give weight it deems appropriate to all facts and | 0012| circumstances, including: | 0013| (1) the use and value of the water for water | 0014| supplies, propagation of fish and wildlife, recreational | 0015| purposes and agricultural, industrial and other purposes; | 0016| (2) character and degree of injury to or | 0017| interference with health, welfare, environment and property; | 0018| (3) the public interest, including the social | 0019| value of the sources of water contaminants; | 0020| (4) technical practicability of reducing or | 0021| eliminating water contaminants from the sources involved and | 0022| previous experience with equipment and methods available to | 0023| control the water contaminants involved; | 0024| (5) successive uses, including domestic, | 0025| commercial, industrial, pastoral, agricultural, wildlife and | 0001| recreational uses; | 0002| (6) property rights and accustomed uses; and | 0003| (7) federal water quality requirements; | 0004| D. shall adopt, promulgate and publish regulations | 0005| to prevent or abate water pollution in the state or in any | 0006| specific geographic area, aquifer or watershed of the state or | 0007| in any part thereof, or for any class of waters, and to govern | 0008| the disposal of septage and sludge and the use of sludge for | 0009| various beneficial purposes. The regulations governing the | 0010| disposal of septage and sludge may include the use of tracking | 0011| and permitting systems or other reasonable means necessary to | 0012| assure that septage and sludge are designated for disposal in, | 0013| and arrive at, disposal facilities, other than facilities on | 0014| the premises where the septage and sludge is generated, for | 0015| which a permit or other authorization has been issued pursuant | 0016| to the federal act or the Water Quality Act. Regulations shall | 0017| not specify the method to be used to prevent or abate water | 0018| pollution but may specify a standard of performance for new | 0019| sources that reflects the greatest reduction in the | 0020| concentration of water contaminants that the commission | 0021| determines to be achievable through application of the best | 0022| available demonstrated control technology, processes, operating | 0023| methods or other alternatives, including where practicable a | 0024| standard permitting no discharge of pollutants. In making | 0025| regulations, the commission shall give weight it deems | 0001| appropriate to all relevant facts and circumstances, including: | 0002| (1) character and degree of injury to or | 0003| interference with health, welfare, environment and property; | 0004| (2) the public interest, including the social | 0005| and economic value of the sources of water contaminants; | 0006| (3) technical practicability and economic | 0007| reasonableness of reducing or eliminating water contaminants | 0008| from the sources involved and previous experience with | 0009| equipment and methods available to control the water | 0010| contaminants involved; | 0011| (4) successive uses, including but not limited | 0012| to domestic, commercial, industrial, pastoral, agricultural, | 0013| wildlife and recreational uses; | 0014| (5) feasibility of a user or a subsequent user | 0015| treating the water before a subsequent use; | 0016| (6) property rights and accustomed uses; and | 0017| (7) federal water quality requirements; | 0018| E. shall assign responsibility for administering | 0019| its regulations to constituent agencies so as to assure | 0020| adequate coverage and prevent duplication of effort. To this | 0021| end, the commission may make such classification of waters and | 0022| sources of water contaminants as will facilitate the assignment | 0023| of administrative responsibilities to constituent agencies. | 0024| The commission shall also hear and decide disputes between | 0025| constituent agencies as to jurisdiction concerning any matters | 0001| within the purpose of the Water Quality Act. In assigning | 0002| responsibilities to constituent agencies, the commission shall | 0003| give priority to the primary interests of the constituent | 0004| agencies. The department of environment shall provide | 0005| technical services, including certification of permits pursuant | 0006| to the federal act; | 0007| F. may enter into or authorize constituent agencies | 0008| to enter into agreements with the federal government or other | 0009| state governments for purposes consistent with the Water | 0010| Quality Act and receive and allocate to constituent agencies | 0011| funds made available to the commission; | 0012| G. may grant an individual variance from any | 0013| regulation of the commission whenever it is found that | 0014| compliance with the regulation will impose an unreasonable | 0015| burden upon any lawful business, occupation or activity. The | 0016| commission may only grant a variance conditioned upon a person | 0017| effecting a particular abatement of water pollution within a | 0018| reasonable period of time. Any variance shall be granted for | 0019| the period of time specified by the commission. The commission | 0020| shall adopt regulations specifying the procedure under which | 0021| variances may be sought, which regulations shall provide for | 0022| the holding of a public hearing before any variance may be | 0023| granted; | 0024| H. may adopt regulations to require the filing with | 0025| it or a constituent agency of proposed plans and specifications | 0001| for the construction and operation of new sewer systems, | 0002| treatment works or sewerage systems or extensions, | 0003| modifications of or additions to new or existing sewer systems, | 0004| treatment works or sewerage systems. Filing with and approval | 0005| by the federal housing administration of plans for an extension | 0006| to an existing or construction of a new sewerage system | 0007| intended to serve a subdivision solely residential in nature | 0008| shall be deemed compliance with all provisions of this | 0009| subsection; | 0010| I. may adopt regulations requiring notice to it or | 0011| a constituent agency of intent to introduce or allow the | 0012| introduction of water contaminants into waters of the state; | 0013| J. may adopt regulations establishing pretreatment | 0014| standards that prohibit or control the introduction into | 0015| publicly owned sewerage systems of water contaminants that are | 0016| not susceptible to treatment by the treatment works or that | 0017| would interfere with the operation of the treatment works; | 0018| K. shall not require a permit respecting the use of | 0019| water in irrigated agriculture, except in the case of the | 0020| employment of a specific practice in connection with such | 0021| irrigation that documentation or actual case history has shown | 0022| to be hazardous to public health or the environment; ~~[and]~~ | 0023| L. shall coordinate application procedures and | 0024| funding cycles for loans and grants from the federal government | 0025| and from other sources, public or private, with the local | 0001| government division of the department of finance and | 0002| administration pursuant to the New Mexico Community Assistance | 0003| Act; and | 0004| M. shall not adopt state regulations or standards | 0005| promulgated pursuant to this section that are more stringent | 0006| than a federal mandate or water quality criteria levels | 0007| established by the federal environmental protection agency or | 0008| more stringent than an existing state regulation or standard or | 0009| new state regulation or standard promulgated under state | 0010| authority, unless the following are completed: | 0011| (1) an assessment showing the risk to public | 0012| health and the environment of not implementing or adopting the | 0013| proposed regulation or standard; and | 0014| (2) a technically based review ensuring the | 0015| regulation or standard has a sound scientific basis." | 0016| |