HOUSE BILL 189

51st legislature - STATE OF NEW MEXICO - first session, 2013

INTRODUCED BY

Brian F. Egolf

AN ACT

RELATING TO THE DEPARTMENT OF ENVIRONMENT; PROHIBITING FALSE STATEMENTS TO THE DEPARTMENT; PROVIDING CRIMINAL PENALTIES.

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

     SECTION 1. A new section of the Department of Environment Act is enacted to read:

     "[NEW MATERIAL] FALSE STATEMENTS TO THE DEPARTMENT--PENALTIES.--

          A. Notwithstanding any other provision of law, in conducting business with the department, a person shall not:

                (1) make a false statement or representation, whether oral, written or visual;

                (2) make a false statement, representation, certification or omission of material fact in an application, record, report, plan or other document filed with, submitted to or required to be maintained by the department;

                (3) falsify, tamper with or render inaccurate any device, method or record used by the department to monitor or track information;

                (4) falsify or conceal a material fact; or

                (5) make or use any document with the knowledge that the document contains false statements or representations.

          B. A person who knowingly violates or knowingly causes or allows another person to violate Subsection A of this section is guilty of a fourth degree felony and shall be sentenced in accordance with the provisions of Section 31-18-15 NMSA 1978.

          C. A person who is convicted of a second or subsequent violation of Subsection A of this section is guilty of a third degree felony and shall be sentenced in accordance with the provisions of Section 31-18-15 NMSA 1978.

          D. A person who knowingly violates Subsection A of this section or knowingly causes or allows another person to violate Subsection A of this section, and whose violation results in an adverse environmental impact, is guilty of a third degree felony and shall be sentenced in accordance with the provisions of Section 31-18-15 NMSA 1978.

          E. A person who knowingly violates Subsection A of this section or knowingly causes or allows another person to violate Subsection A of this section, and whose violation creates a substantial danger of death or serious bodily injury to another person, is guilty of a second degree felony and shall be sentenced in accordance with the provisions of Section 31-18-15 NMSA 1978.

          F. A person who negligently violates or negligently causes or allows another person to violate Subsection A of this section shall be subject to a civil penalty of up to ten thousand dollars ($10,000) per day for each day that elapses between the date of the violation and the date that the civil penalty is imposed.

          G. For the purposes of this section, "conducting business with the department" includes business conducted in connection with the following acts and rules promulgated pursuant to the acts:

                (1) Food Service Sanitation Act;

                (2) New Mexico Food Act;

                (3) Flour and Bread Act;

                (4) Occupational Health and Safety Act;

                (5) Medical Imaging and Radiation Therapy Health and Safety Act;

                (6) Utility Operators Certification Act;

                (7) Environmental Improvement Act;

                (8) Air Quality Control Act;

                (9) Radiation Protection Act;

                (10) Radioactive and Hazardous Materials Act;

                (11) Hazardous Waste Feasibility Study Act;

                (12) Wastewater Facility Construction Loan Act;

                (13) Ground Water Protection Act;

                (14) Environmental Compliance Act;

                (15) Solid Waste Act;

                (16) Pesticide Control Act; and

                (17) Sanitary Projects Act."

- 4 -