HOUSE BILL 371

53rd legislature - STATE OF NEW MEXICO - first session, 2017

INTRODUCED BY

Kelly K. Fajardo

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 Environmental Improvement Act is enacted to read:

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

          A. 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.

          B. No person regulated by the department shall:

                (1) make a false statement or representation to an employee of the department, 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 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 or conceal a material fact; or

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

          C. A person who knowingly violates or knowingly causes or allows another person to violate Subsection B 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.

          D. A person who is convicted of a second or subsequent violation of Subsection B 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.

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

          F. A person who knowingly violates Subsection B of this section or knowingly causes or allows another person to violate Subsection B 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.

          G. A person who negligently violates or negligently causes or allows another person to violate Subsection B 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 negligent violation. A monetary penalty shall not be assessed under this subsection for a negligent violation that is discovered by the person regulated by the department; provided that the person immediately notifies the department of the negligent violation in writing and agrees in writing to promptly take any action the department finds necessary to remediate the consequences of the negligent violation."

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