0001| SENATE BILL 475 | 0002| 43rd legislature - STATE OF NEW MEXICO - first session, 1997 | 0003| INTRODUCED BY | 0004| STUART INGLE | 0005| | 0006| | 0007| | 0008| | 0009| | 0010| AN ACT | 0011| RELATING TO WATER; NAMING THE NEW MEXICO DEPARTMENT OF | 0012| AGRICULTURE AS THE CONSTITUENT AGENCY FOR WATER QUALITY ISSUES | 0013| AND REGULATION OF THE AGRICULTURAL INDUSTRY; AMENDING AND | 0014| ENACTING SECTIONS OF THE NMSA 1978. | 0015| | 0016| BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO: | 0017| Section 1. Section 74-6-4 NMSA 1978 (being Laws 1967, | 0018| Chapter 190, Section 4, as amended) is amended to read: | 0019| "74-6-4. DUTIES AND POWERS OF COMMISSION.--The | 0020| commission: | 0021| A. may accept and supervise the administration of | 0022| loans and grants from the federal government and from other | 0023| sources, public or private, which loans and grants shall not be | 0024| expended for other than the purposes for which provided; | 0025| B. shall adopt a comprehensive water quality | 0001| management program and develop a continuing planning process; | 0002| C. shall adopt water quality standards for surface | 0003| and ground waters of the state subject to the Water Quality | 0004| Act. The standards shall include narrative standards and, as | 0005| appropriate, the designated uses of the waters and the water | 0006| quality criteria necessary to protect such uses. The standards | 0007| shall at a minimum protect the public health or welfare, | 0008| enhance the quality of water and serve the purposes of the | 0009| Water Quality Act. In making standards, the commission shall | 0010| give weight it deems appropriate to all facts and | 0011| circumstances, including the use and value of the water for | 0012| water supplies, propagation of fish and wildlife, recreational | 0013| purposes and agricultural, industrial and other purposes; | 0014| D. shall adopt, promulgate and publish regulations | 0015| to prevent or abate water pollution in the state or in any | 0016| specific geographic area, aquifer or watershed of the state or | 0017| in any part thereof, or for any class of waters, and to govern | 0018| the disposal of septage and sludge and the use of sludge for | 0019| various beneficial purposes. The regulations governing the | 0020| disposal of septage and sludge may include the use of tracking | 0021| and permitting systems or other reasonable means necessary to | 0022| assure that septage and sludge are designated for disposal in, | 0023| and arrive at, disposal facilities, other than facilities on | 0024| the premises where the septage and sludge is generated, for | 0025| which a permit or other authorization has been issued pursuant | 0001| to the federal act or the Water Quality Act. Regulations shall | 0002| not specify the method to be used to prevent or abate water | 0003| pollution but may specify a standard of performance for new | 0004| sources that reflects the greatest reduction in the | 0005| concentration of water contaminants that the commission | 0006| determines to be achievable through application of the best | 0007| available demonstrated control technology, processes, operating | 0008| methods or other alternatives, including where practicable a | 0009| standard permitting no discharge of pollutants. In making | 0010| regulations, the commission shall give weight it deems | 0011| appropriate to all relevant facts and circumstances, including: | 0012| (1) character and degree of injury to or | 0013| interference with health, welfare, environment and property; | 0014| (2) the public interest, including the social | 0015| and economic value of the sources of water contaminants; | 0016| (3) technical practicability and economic | 0017| reasonableness of reducing or eliminating water contaminants | 0018| from the sources involved and previous experience with | 0019| equipment and methods available to control the water | 0020| contaminants involved; | 0021| (4) successive uses, including but not limited | 0022| to domestic, commercial, industrial, pastoral, agricultural, | 0023| wildlife and recreational uses; | 0024| (5) feasibility of a user or a subsequent user | 0025| treating the water before a subsequent use; | 0001| (6) property rights and accustomed uses; and | 0002| (7) federal water quality requirements; | 0003| E. shall assign responsibility for administering | 0004| its regulations to constituent agencies so as to assure | 0005| adequate coverage and prevent duplication of effort. [To this | 0006| end] The commission may make such classification of waters and | 0007| sources of water contaminants as will facilitate the assignment | 0008| of administrative responsibilities to constituent agencies. | 0009| The commission shall also hear and decide disputes between | 0010| constituent agencies as to jurisdiction concerning any matters | 0011| within the purpose of the Water Quality Act. In assigning | 0012| responsibilities to constituent agencies, the commission shall | 0013| give priority to the primary interests of the constituent | 0014| agencies. The department of environment [shall] may | 0015| provide technical services, including certification of permits | 0016| pursuant to the federal act, at the request of a constituent | 0017| agency; | 0018| F. may enter into or authorize constituent agencies | 0019| to enter into agreements with the federal government or other | 0020| state governments for purposes consistent with the Water | 0021| Quality Act and receive and allocate to constituent agencies | 0022| funds made available to the commission; | 0023| G. may grant an individual variance from any | 0024| regulation of the commission whenever it is found that | 0025| compliance with the regulation will impose an unreasonable | 0001| burden upon any lawful business, occupation or activity. The | 0002| commission may only grant a variance conditioned upon a person | 0003| effecting a particular abatement of water pollution within a | 0004| reasonable period of time. Any variance shall be granted for | 0005| the period of time specified by the commission. The commission | 0006| shall adopt regulations specifying the procedure under which | 0007| variances may be sought, which regulations shall provide for | 0008| the holding of a public hearing before any variance may be | 0009| granted; | 0010| H. may adopt regulations to require the filing with | 0011| it or a constituent agency of proposed plans and specifications | 0012| for the construction and operation of new sewer systems, | 0013| treatment works or sewerage systems or extensions, | 0014| modifications of or additions to new or existing sewer systems, | 0015| treatment works or sewerage systems. Filing with and approval | 0016| by the federal housing administration of plans for an extension | 0017| to an existing or construction of a new sewerage system | 0018| intended to serve a subdivision solely residential in nature | 0019| shall be deemed compliance with all provisions of this | 0020| subsection; | 0021| I. may adopt regulations requiring notice to it or | 0022| a constituent agency of intent to introduce or allow the | 0023| introduction of water contaminants into waters of the state; | 0024| J. may adopt regulations establishing pretreatment | 0025| standards that prohibit or control the introduction into | 0001| publicly owned sewerage systems of water contaminants that are | 0002| not susceptible to treatment by the treatment works or that | 0003| would interfere with the operation of the treatment works; | 0004| K. shall not require a permit respecting the use of | 0005| water in irrigated agriculture, except in the case of the | 0006| employment of a specific practice in connection with such | 0007| irrigation that documentation or actual case history has shown | 0008| to be hazardous to public health or the environment; and | 0009| L. shall coordinate application procedures and | 0010| funding cycles for loans and grants from the federal government | 0011| and from other sources, public or private, with the local | 0012| government division of the department of finance and | 0013| administration pursuant to the New Mexico Community Assistance | 0014| Act." | 0015| Section 2. Section 74-6-5 NMSA 1978 (being Laws 1973, | 0016| Chapter 326, Section 4, as amended by Laws 1993, Chapter 100, | 0017| Section 3 and also by Laws 1993, Chapter 291, Section 5) is | 0018| amended to read: | 0019| "74-6-5. PERMITS--CERTIFICATION--APPEALS TO COMMISSION.-- | 0020| A. By regulation, the commission may require | 0021| persons to obtain from a constituent agency designated by the | 0022| commission a permit for the discharge of any water contaminant | 0023| or for the disposal or re-use of septage or sludge. | 0024| B. The commission shall adopt regulations | 0025| establishing procedures for certifying federal water quality | 0001| permits. | 0002| C. Prior to the issuance of a permit, the | 0003| constituent agency may require the submission of plans, | 0004| specifications and other relevant information that it deems | 0005| necessary. | 0006| D. The commission shall by regulation set the dates | 0007| upon which applications for permits shall be filed and | 0008| designate the time periods within which the constituent agency | 0009| shall, after the filing of an administratively complete | 0010| application for a permit, either grant the permit, grant the | 0011| permit subject to conditions or deny the permit. | 0012| E. The constituent agency shall deny any | 0013| application for a permit or deny the certification of a federal | 0014| water quality permit if: | 0015| (1) the effluent would not meet applicable | 0016| state or federal effluent regulations, standards of performance | 0017| or limitations; | 0018| (2) any provision of the Water Quality Act | 0019| would be violated; | 0020| (3) the discharge would cause or contribute to | 0021| water contaminant levels in excess of any state or federal | 0022| standard. Determination of the discharges' effect on | 0023| groundwater shall be measured at any place of withdrawal of | 0024| water for present or reasonably foreseeable future use. | 0025| Determination of the discharges' effect on surface waters shall | 0001| be measured at the point of discharge; or | 0002| (4) the applicant has, within the ten years | 0003| immediately preceding the date of submission of the permit | 0004| application: | 0005| (a) knowingly misrepresented a material | 0006| fact in an application for a permit; | 0007| (b) refused or failed to disclose any | 0008| information required under the Water Quality Act; | 0009| (c) been convicted of a felony or other | 0010| crime involving moral turpitude; | 0011| (d) been convicted of a felony in any | 0012| court for any crime defined by state or federal law as being a | 0013| restraint of trade, price-fixing, bribery or fraud; | 0014| (e) exhibited a history of willful | 0015| disregard for environmental laws of any state or the United | 0016| States; or | 0017| (f) had an environmental permit revoked | 0018| or permanently suspended for cause under any environmental laws | 0019| of any state or the United States. | 0020| F. The commission shall by regulation develop | 0021| procedures that [will] ensure that the public, affected | 0022| governmental agencies and any other state whose water may be | 0023| affected shall receive notice of each application for issuance | 0024| or modification of a permit. No ruling shall be made on any | 0025| application for a permit without opportunity for a public | 0001| hearing at which all interested persons shall be given a | 0002| reasonable chance to submit data, views or arguments orally or | 0003| in writing and to examine witnesses testifying at the hearing. | 0004| G. The commission may adopt regulations for the | 0005| operation and maintenance of the permitted facility, including | 0006| requirements, as may be necessary or desirable, that relate to | 0007| continuity of operation, personnel training and financial | 0008| responsibility, including financial responsibility for | 0009| corrective action. | 0010| H. Permits shall be issued for fixed terms not to | 0011| exceed five years, except that for new discharges, the term of | 0012| the permit shall commence on the date the discharge begins, but | 0013| in no event shall the term of the permit exceed seven years | 0014| from the date the permit was issued. | 0015| I. By regulation, the commission may impose | 0016| reasonable conditions upon permits requiring permittees to: | 0017| (1) install, use and maintain effluent | 0018| monitoring devices; | 0019| (2) sample effluents and receiving waters for | 0020| any known or suspected water contaminants in accordance with | 0021| methods and at locations and intervals as may be prescribed by | 0022| the commission; | 0023| (3) establish and maintain records of the | 0024| nature and amounts of effluents and the performance of effluent | 0025| control devices; | 0001| (4) provide any other information relating to | 0002| the discharge or direct or indirect release of water | 0003| contaminants; and | 0004| (5) notify a constituent agency of the | 0005| introduction of new water contaminants from a new source and of | 0006| a substantial change in volume or character of water | 0007| contaminants being introduced from sources in existence at the | 0008| time of the issuance of the permit. | 0009| J. The commission shall provide by regulation a | 0010| schedule of fees for permits, not exceeding the estimated cost | 0011| of investigation and issuance, modification and renewal of | 0012| permits. Fees collected pursuant to this section shall be | 0013| deposited in the water quality management fund; provided, | 0014| however, that fees collected by the New Mexico department of | 0015| agriculture as the constituent agency for the agricultural | 0016| industry pursuant to Section 3 of this act shall be remitted to | 0017| the department. | 0018| K. The issuance of a permit does not relieve any | 0019| person from the responsibility of complying with the provisions | 0020| of the Water Quality Act, any applicable regulations or water | 0021| quality standards of the commission or any applicable federal | 0022| laws, regulations or standards. | 0023| L. A permit may be terminated or modified by the | 0024| constituent agency that issued the permit prior to its date of | 0025| expiration for any of the following causes: | 0001| (1) violation of any condition of the permit; | 0002| (2) obtaining the permit by misrepresentation | 0003| or failure to disclose fully all relevant facts; | 0004| (3) violation of any provisions of the Water | 0005| Quality Act or any applicable regulations, standard of | 0006| performance or water quality standards; | 0007| (4) violation of any applicable state or | 0008| federal effluent regulations or limitations; or | 0009| (5) change in any condition that requires | 0010| either a temporary or permanent reduction or elimination of the | 0011| permitted discharge. | 0012| M. If the constituent agency denies, terminates or | 0013| modifies a permit or grants a permit subject to condition, the | 0014| constituent agency shall notify the applicant or permittee by | 0015| certified mail of the action taken and the reasons. | 0016| N. A person who participated in a permitting action | 0017| before a constituent agency or a person affected by a | 0018| certification of a federal permit and who is adversely affected | 0019| by such permitting action or certification may file a petition | 0020| for hearing before the commission. The petition shall be made | 0021| in writing to the commission within thirty days from the date | 0022| notice is given of the constituent agency's action. Unless a | 0023| timely request for hearing is made, the decision of the | 0024| constituent agency shall be final. | 0025| O. If a timely petition for hearing is made, the | 0001| commission shall hold a hearing within ninety days after | 0002| receipt of the petition. The commission shall notify the | 0003| petitioner and the applicant or permittee if other than the | 0004| petitioner by certified mail of the date, time and place of the | 0005| hearing. If the commission deems the action that is the | 0006| subject of the petition to be affected with substantial public | 0007| interest, it shall ensure that the public receives notice of | 0008| the date, time and place of the hearing and [shall be] is | 0009| given a reasonable chance to submit data, views or arguments | 0010| orally or in writing and to examine witnesses testifying at the | 0011| hearing. A person submitting data, views or arguments orally | 0012| or in writing shall be subject to examination at the hearing. | 0013| In the hearing, the burden of proof shall be upon the | 0014| petitioner. The commission may designate a hearing officer to | 0015| take evidence in the hearing. Based upon the evidence | 0016| presented at the hearing, the commission shall sustain, modify | 0017| or reverse the action of the constituent agency. | 0018| P. If the petitioner requests, the hearing shall be | 0019| recorded at the cost of the petitioner. Unless the petitioner | 0020| requests that the hearing be recorded, the decision of the | 0021| commission shall be final." | 0022| Section 3. A new section of the Water Quality Act is | 0023| enacted to read: | 0024| "[NEW MATERIAL] AGRICULTURAL INDUSTRY--DEPARTMENT OF | 0025| AGRICULTURE IS CONSTITUENT AGENCY.--The New Mexico department | 0001| of agriculture is the constituent agency for water | 0002| classification and water quality issues arising from the | 0003| agricultural industry and shall regulate the agricultural | 0004| industry on all matters pertaining to the Water Quality Act. | 0005| For purposes of this section, "agricultural industry" includes | 0006| dairy farmers, milk producers, other livestock production and | 0007| feeding facilities and farm crop production facilities." | 0008| Section 4. A new section of Chapter 76, Article 1 NMSA | 0009| 1978 is enacted to read: | 0010| "[NEW MATERIAL] DEPARTMENT OF AGRICULTURE--CONSTITUENT | 0011| AGENCY FOR WATER QUALITY OF AGRICULTURAL INDUSTRY.--The New | 0012| Mexico department of agriculture shall be the constituent | 0013| agency of the water quality control commission for water | 0014| classification and water quality issues of the agricultural | 0015| industry and shall regulate the agricultural industry on all | 0016| matters pertaining to the Water Quality Act. For purposes of | 0017| this section, | 0018| "agricultural industry" includes dairy farmers, milk producers, | 0019| other livestock production and feeding facilities and farm crop | 0020| production facilities." | 0021|  | 0022| | 0023| FORTY-THIRD LEGISLATURE SB 475/a | 0024| FIRST SESSION, 1997 | 0025| | 0001| | 0002| | 0003| February 27, 1997 | 0004| | 0005| | 0006| Mr. President: | 0007| | 0008| Your CONSERVATION COMMITTEE, to whom has been referred | 0009| | 0010| SENATE BILL 475 | 0011| | 0012| has had it under consideration and reports same with | 0013| recommendation that it DO PASS, amended as follows: | 0014| | 0015| 1. On page 12, line 22, after "the" insert "designated". | 0016| | 0017| 2. On page 12, line 22, after "agency" insert "under | 0018| Section 74-6-4 NMSA 1978". | 0019| | 0020| 3. On page 12, lines 22 and 23, strike "water | 0021| classification and water quality issues arising from". | 0022| | 0023| 4. On page 12, line 23, insert a period after "industry", | 0024| strike line 24 and strike line 25 through the period. | 0025| | 0001| 5. On page 13, line 8, after "agency" insert "under Section | 0002| 74-6-4 NMSA 1978". | 0003| | 0004| 6. On page 13, lines 9 and 10, strike "water classification | 0005| and water quality issues of". | 0006| | 0007| 7. On page 13, lines 10 through 12, after "industry" insert | 0008| a period and strike the remainder of the line, strike line 11 and | 0009| strike line 12 through the period, | 0010| | 0011| | 0012| | 0013| | 0014| | 0015| | 0016| | 0017| | 0018| | 0019| | 0020| | 0021| | 0022| | 0023| | 0024| and thence referred to the PUBLIC AFFAIRS COMMITTEE. | 0025| | 0001| | 0002| Respectfully submitted, | 0003| | 0004| | 0005| | 0006| | 0007| __________________________________ | 0008| Michael S. Sanchez, Chairman | 0009| | 0010| | 0011| | 0012| Adopted_______________________ Not | 0013| Adopted_______________________ | 0014| (Chief Clerk) (Chief Clerk) | 0015| | 0016| | 0017| Date ________________________ | 0018| | 0019| | 0020| The roll call vote was 5 For 3 Against | 0021| Yes: 5 | 0022| No: Feldman, Macias, Tsosie | 0023| Excused: Eisenstadt, Sanchez | 0024| Absent: None | 0025| | 0001| | 0002| | 0003| | 0004| | 0005| S0475C01 .117771.1/a | 0006| | 0007| FORTY-THIRD LEGISLATURE | 0008| FIRST SESSION, 1997 SB 475/a | 0009| | 0010| | 0011| March 5, 1997 | 0012| | 0013| Mr. President: | 0014| | 0015| Your PUBLIC AFFAIRS COMMITTEE, to whom has been | 0016| referred | 0017| | 0018| SENATE BILL 475, as amended | 0019| | 0020| has had it under consideration and reports same with | 0021| recommendation that it DO PASS, amended as follows: | 0022| | 0023| 1. On page 4, line 14, after "services" insert a | 0024| period, strike the remainder of the line, strike all of line 15 | 0025| and insert in lieu thereof "Constituent agencies may certify | 0001| permits issued pursuant to federal acts;". | 0002| | 0003| Respectfully submitted, | 0004| | 0005| | 0006| | 0007| | 0008| __________________________________ | 0009| Shannon Robinson, Chairman | 0010| | 0011| | 0012| | 0013| Adopted_______________________ Not | 0014| Adopted_______________________ | 0015| (Chief Clerk) (Chief Clerk) | 0016| | 0017| | 0018| Date ________________________ | 0019| | 0020| | 0021| The roll call vote was 5 For 3 Against | 0022| Yes: 5 | 0023| No: Feldman, Rodarte, Robinson | 0024| Excused: Garcia | 0025| Absent: None | 0001| | 0002| | 0003| | 0004| | 0005| S0475PA1 .118112.1 State of New Mexico | 0006| House of Representatives | 0007| | 0008| FORTY-THIRD LEGISLATURE | 0009| FIRST SESSION, 1997 | 0010| | 0011| | 0012| March 8, 1997 | 0013| | 0014| | 0015| Mr. Speaker: | 0016| | 0017| Your AGRICULTURE AND WATER RESOURCES COMMITTEE, | 0018| to whom has been referred | 0019| | 0020| SENATE BILL 475, as amended | 0021| | 0022| has had it under consideration and reports same with | 0023| recommendation that it DO PASS, and thence referred to the | 0024| HOUSE ENERGY AND NATURAL RESOURCES COMMITTEE. | 0025| | 0001| Respectfully submitted, | 0002| | 0003| | 0004| | 0005| | 0006| G. X. McSherry, Chairman | 0007| | 0008| | 0009| Adopted Not Adopted | 0010| | 0011| (Chief Clerk) (Chief Clerk) | 0012| | 0013| Date | 0014| | 0015| The roll call vote was 6 For 1 Against | 0016| Yes: 6 | 0017| No: Abeyta | 0018| Excused: Townsend, Wright | 0019| Absent: None | 0020| | 0021| | 0022| | 0023| G:\BILLTEXT\BILLW_97\S0475 State of New Mexico | 0024| House of Representatives | 0025| | 0001| FORTY-THIRD LEGISLATURE | 0002| FIRST SESSION, 1997 | 0003| | 0004| | 0005| March 14, 1997 | 0006| | 0007| | 0008| Mr. Speaker: | 0009| | 0010| Your ENERGY AND NATURAL RESOURCES COMMITTEE, to | 0011| whom has been referred | 0012| | 0013| SENATE BILL 475, as amended | 0014| | 0015| has had it under consideration and reports same with | 0016| recommendation that it DO PASS, and thence referred to the | 0017| APPROPRIATIONS AND FINANCE COMMITTEE. | 0018| | 0019| Respectfully submitted, | 0020| | 0021| | 0022| | 0023| | 0024| James Roger Madalena, Chairman | 0025| | 0001| | 0002| Adopted Not Adopted | 0003| | 0004| (Chief Clerk) (Chief Clerk) | 0005| | 0006| Date | 0007| | 0008| The roll call vote was 8 For 4 Against | 0009| Yes: 8 | 0010| No: Garcia, M. P., Getty, Picraux, Stewart | 0011| Excused: None | 0012| | 0013| | 0014| G:\BILLTEXT\BILLW_97\S0475 |