SENATE BILL 221

47th legislature - STATE OF NEW MEXICO - first session, 2005

INTRODUCED BY

Stuart Ingle

AN ACT

RELATING TO THE ENVIRONMENT; PROVIDING LIMITATIONS ON THE ADMINISTRATIVE IMPOSITION OF CERTAIN CIVIL PENALTIES.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:

     Section 1. A new section of the Environmental Improvement Act is enacted to read:

     "[NEW MATERIAL] CIVIL PENALTIES--LIMITATIONS ON THE ADMINISTRATIVE IMPOSITION.--Except as otherwise provided, no order issued by the secretary under the Environmental Improvement Act, Air Quality Control Act, Hazardous Waste Act, Radiation Protection Act and Solid Waste Act may assess a total civil penalty in excess of two hundred fifty thousand dollars ($250,000) or assess a penalty for violations that occurred more than twenty-four months prior to the initiation of the administrative action."

     Section 2. A new section of the Water Quality Act is enacted to read:

     "[NEW MATERIAL] CIVIL PENALTIES--LIMITATIONS ON THE ADMINISTRATIVE IMPOSITION.--No compliance order issued by a constituent agency under the Water Quality Act may assess a total civil penalty in excess of two hundred fifty thousand dollars ($250,000) or assess a penalty for violations that occurred more than twenty-four months prior to the initiation of the administrative action."

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