SENATE BILL 193

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

INTRODUCED BY

Phil A. Griego

AN ACT

RELATING TO THE ENVIRONMENT; AMENDING SECTIONS OF THE WATER

QUALITY ACT TO CHANGE THE NUMBER OF WATER QUALITY CONTROL

COMMISSIONERS, REMOVE SOME CONSTITUENT AGENCIES AND EXTEND THE LIFE OF THE COMMISSION.

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

     SECTION 1. Section 74-6-2 NMSA 1978 (being Laws 1967, Chapter 190, Section 2, as amended) is amended to read:

     "74-6-2. DEFINITIONS.--As used in the Water Quality Act:

          A. "gray water" means untreated household wastewater that has not come in contact with toilet waste and includes wastewater from bathtubs, showers, washbasins, clothes washing machines and laundry tubs, but does not include wastewater from kitchen sinks or dishwashers or laundry water from the washing of material soiled with human excreta, such as diapers;

          B. "water contaminant" means any substance that could alter, if discharged or spilled, the physical, chemical, biological or radiological qualities of water. "Water contaminant" does not mean source, special nuclear or by-product material as defined by the federal Atomic Energy Act of 1954;

          C. "water pollution" means introducing or permitting the introduction into water, either directly or indirectly, of one or more water contaminants in such quantity and of such duration as may with reasonable probability injure human health, animal or plant life or property, or to unreasonably interfere with the public welfare or the use of property;

          D. "wastes" means sewage, industrial wastes or any other liquid, gaseous or solid substance that may pollute any waters of the state;

          E. "sewer system" means pipelines, conduits, pumping stations, force mains or any other structures, devices, appurtenances or facilities used for collecting or conducting wastes to an ultimate point for treatment or disposal;

          F. "treatment works" means any plant or other works used for the purpose of treating, stabilizing or holding wastes;

          G. "sewerage system" means a system for disposing of wastes, either by surface or underground methods, and includes sewer systems, treatment works, disposal wells and other systems;

          H. "water" means all water, including water situated wholly or partly within or bordering upon the state, whether surface or subsurface, public or private, except private waters that do not combine with other surface or subsurface water;

          I. "person" means an individual or any other entity, including partnerships, corporations, associations, responsible business or association agents or officers, the state or a political subdivision of the state or any agency, department or instrumentality of the United States and any of its officers, agents or employees;

          J. "commission" means the water quality control commission;

          K. "constituent agency" means, as the context may require, any or all of the following agencies of the state:

                (1) the department of environment;

                (2) the state engineer and the interstate stream commission;

                [(3) the department of game and fish;

                (4) the oil conservation commission;

                (5) the state parks division of]

                (3) the energy, minerals and natural resources department;

                [(6)] (4) the New Mexico department of agriculture; and

                [(7)] (5) the soil and water conservation commission; [and

                (8) the bureau of geology and mineral resources at the New Mexico institute of mining and technology;]

          L. "new source" means:

                (1) any source, the construction of which is commenced after the publication of proposed regulations prescribing a standard of performance applicable to the source; or

                (2) any existing source when modified to treat substantial additional volumes or when there is a substantial change in the character of water contaminants treated;

          M. "source" means a building, structure, facility or installation from which there is or may be a discharge of water contaminants directly or indirectly into water;

          N. "septage" means the residual wastes and water periodically pumped from a liquid waste treatment unit or from a holding tank for maintenance or disposal purposes;

          O. "sludge" means solid, semi-solid or liquid waste generated from a municipal, commercial or industrial wastewater treatment plant, water supply treatment plant or air pollution control facility that is associated with the treatment of these wastes. "Sludge" does not mean treated effluent from a wastewater treatment plant;

          P. "substantial adverse environmental impact" means that an act or omission of the violator causes harm or damage:

                (1) to human beings; or

                (2) that amounts to more than ten thousand dollars ($10,000) damage or mitigation costs to flora, including agriculture crops; fish or other aquatic life; waterfowl or other birds; livestock or wildlife or damage to their habitats; ground water or surface water; or the lands of the state;

          Q. "federal act" means the Federal Water Pollution Control Act, its subsequent amendment and successor provisions; and

          R. "standards of performance" means any standard, effluent limitation or effluent standard adopted pursuant to the federal act or the Water Quality Act."

     SECTION 2. Section 74-6-3 NMSA 1978 (being Laws 1967, Chapter 190, Section 3, as amended) is amended to read:

     "74-6-3. WATER QUALITY CONTROL COMMISSION CREATED.--

          A. There is created the "water quality control commission" consisting of:

                (1) the secretary of environment or a member of the secretary's staff designated by the secretary;

                [(2) the secretary of health or a member of the secretary's staff designated by the secretary;

                (3) the director of the department of game and fish or a member of the director's staff designated by the director;

                (4)] (2) the state engineer or a member of the state engineer's staff designated by the state engineer;

                [(5) the chair of the oil conservation commission or a member of the chair's staff designated by the chair;

                (6) the director of the state parks division of the energy, minerals and natural resources department or a member of the director's staff designated by the director;

                (7)] (3) the secretary of energy, minerals and

natural resources or a member of the secretary's staff

designated by the secretary;

                (4) the director of the New Mexico department of agriculture or a member of the director's staff designated by the director;

                [(8)] (5) the chair of the soil and water conservation commission or a soil and water conservation district supervisor designated by the chair;

                [(9) the director of the bureau of geology and mineral resources at the New Mexico institute of mining and technology or a member of the director's staff designated by the director;

                (10)] (6) a municipal or county government representative; and

                [(11) four] (7) three representatives of the public to be appointed by the governor for terms of four years and who shall be compensated from the budgeted funds of the department of environment in accordance with the provisions of the Per Diem and Mileage Act. At least one member appointed by the governor shall be a member of a New Mexico Indian tribe or pueblo.

          B. A member of the commission shall not receive, or shall not have received during the previous two years, a significant portion of the member's income directly or indirectly from permit holders or applicants for a permit. A member of the commission shall, upon the acceptance of the member's appointment and prior to the performance of any of the member's duties, file a statement of disclosure with the secretary of state disclosing any amount of money or other valuable consideration, and its source, the value of which is in excess of ten percent of the member's gross personal income in each of the preceding two years, that the member received directly or indirectly from permit holders or applicants for permits required under the Water Quality Act. A member of the commission shall not participate in the consideration of an appeal if the subject of the appeal is an application filed or a permit held by an entity that either employs the commission member or from which the commission member received more than ten percent of the member's gross personal income in either of the preceding two years.

          C. The commission shall elect a chair and other necessary officers and shall keep a record of its proceedings.

          D. A majority of the commission constitutes a quorum for the transaction of business, but no action of the commission is valid unless concurred in by [six or more] a majority of the members present at a meeting.

          E. The commission is the state water pollution control agency for this state for all purposes of the federal act and the wellhead protection and sole source aquifer programs of the federal Safe Drinking Water Act of 1974 and may take all action necessary and appropriate to secure to this state, its political subdivisions or interstate agencies the benefits of that act and those programs.

          F. The commission is administratively attached, as defined in the Executive Reorganization Act, to the department of environment."

     SECTION 3. Section 74-6-17 NMSA 1978 (being Laws 1987, Chapter 333, Section 15, as amended) is amended to read:

     "74-6-17. TERMINATION OF AGENCY LIFE--DELAYED REPEAL.--The water quality control commission is terminated on July 1, [2013] 2019 pursuant to the Sunset Act. The commission shall continue to operate according to the provisions of Chapter 74, Article 6 NMSA 1978 until July 1, [2014] 2020. Effective July 1, [2014] 2020, Sections 74-6-3 [and] through 74-6-4 NMSA 1978 are repealed."

- 9 -