HOUSE BILL 114

52nd legislature - STATE OF NEW MEXICO - first session, 2015

INTRODUCED BY

Brian Egolf

AN ACT

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

          A. No person regulated by the department shall:

                (1) make a false written statement or representation to an employee of the department about a material fact that is relevant to the department's determination of compliance with a statute or a rule;

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

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

                (4) falsify to or conceal from the department a material fact; or

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

          B. A person who violates or causes or authorizes another person to violate Subsection A of this section may be issued a compliance order pursuant to Section 74-1-10 NMSA 1978 with a penalty of up to ten thousand dollars ($10,000) and may be ordered to take any action the department finds necessary to remediate the consequences of the person's violation. A monetary penalty shall not be assessed under this subsection for a violation that is discovered by the person regulated by the department; provided that the person immediately notifies the department of the violation in writing and agrees in writing to promptly take any action the department finds necessary to remediate the consequences of the violation.

          C. The department shall include a prominently placed warning on all department forms or documents that are completed by persons regulated by the department providing that making false statements on the department form or document may subject the person making the false statement to civil penalties. A form that does not include a warning as required by this subsection shall not be admitted into evidence for any purpose in a proceeding brought pursuant to this section.

          D. For the purposes of this section, "person regulated by the department" means:

                (1) an applicant for or holder of a liquid waste permit issued or to be issued pursuant to the Environmental Improvement Act and applicable rules;

                (2) a person who owns a liquid waste system subject to a permit requirement who has failed to obtain the required permit;

                (3) an owner or operator of a public water system subject to the Environmental Improvement Act and applicable rules; or

                (4) an agent or other person acting on behalf of any of the persons covered by Paragraphs (1) through (3) of this subsection."

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