46th legislature - STATE OF NEW MEXICO - first session, 2003

REQUESTING THE DEPARTMENT OF ENVIRONMENT TO ADEQUATELY AND EFFECTIVELY ENFORCE ENVIRONMENTAL LAWS.

WHEREAS, state law provides for the:

A. management of hazardous waste to protect public health and the environment pursuant to the Hazardous Waste Act;

B. conservation, recovery and recycling of resources in siting, construction, operation, maintenance, closure and post-closure care of solid waste facilities pursuant to the Solid Waste Act;

C. protection of water quality and the public health and welfare pursuant to the Water Quality Act; and

D. prevention or abatement of air pollution pursuant to the Air Quality Control Act; and

WHEREAS, the environmental improvement board and the department of environment have a duty to establish rules to effectively implement these responsibilities; and

WHEREAS, the state has a duty to protect its citizens from environmental pollution, particularly in light of its health policy to protect and improve the physical environment; and

WHEREAS, the state has a duty to ensure that its citizens have a strong voice in the environmental decision-making process regardless of race, income, national origin or English language proficiency; and

WHEREAS, the state has a duty to ensure that its citizens have an equal opportunity to participate fully and meaningfully during public hearings and public meetings, and that testimony by the public as it relates to the public's health, safety and social welfare should be formally documented, considered and weighed during the decision-making process;

NOW, THEREFORE, BE IT RESOLVED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO that the environmental improvement board and the department of environment be requested to develop and implement policies to adequately enforce these authorities, including:

A. an environmental and public health assessment that includes an analysis of multiple air and water impacts of permeates;

B. an analysis of the environmental burdens faced by communities with permitted facilities when compared with other communities of higher income or fewer minority residents;

C. collection of data on baseline public health conditions and an assessment of potential exposures, based on the environmental and public health assessments in permit applications;

D. an analysis of technological, site planning and operational alternatives to reduce the adverse impacts of permittees;

E. proposed on-site and off-site mitigation measures to reduce multiple impacts and increase environmental benefits;

F. the demographic composition of the affected community as it pertains to minority or low-income status;

G. an assessment of the capability of emergency responders and community residents to respond to an imminent public health threat within the affected community;

H. a requirement that any solid waste facility be located at least five miles beyond the borders of any community to protect public health, safety and welfare;

I. a requirement that all existing facilities comply with all environmental rules and that the department of environment commit adequate resources to enforcement and compliance management;

J. a provision of financial resources to clean up existing contaminated sites so that those resources are distributed to communities most affected without regard to race, income, national income or English language proficiency;

K. expanded outreach and education activities through the use of alternative media outlets, such as community or ethnic newspapers, and alternative information repositories and through translation of materials or interpretation services at public meetings within communities where a primary language other than English is typically used in the home;

L. public notification regarding new or expanding sources of air emissions, ground water discharges, surface water discharges or waste facilities be located in a prominent area of the newspaper and occur in a minimum of three newspapers of public distribution within the impacted community; and

M. creation of a citizen review committee, comprised of community members, to review and approve of new or expanding sources of air emissions, ground water discharges, surface water discharges or waste facilities; and

BE IT FURTHER RESOLVED that the environmental improvement board and the department of environment present their findings and progress on these initiatives by October 30, 2002 before an appropriate interim legislative committee; and

BE IT FURTHER RESOLVED that copies of this memorial be transmitted to the secretary of environment.