HOUSE BILL 142

53rd legislature - STATE OF NEW MEXICO - second session, 2018

INTRODUCED BY

Nathan P. Small

AN ACT

RELATING TO ENVIRONMENTAL IMPROVEMENT; PROHIBITING FALSE STATEMENTS TO THE DEPARTMENT OF ENVIRONMENT BY AN OWNER OR OPERATOR OF A PUBLIC WATER SYSTEM; 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. It is unlawful for an owner or operator of a public water system subject to the Environmental Improvement Act and applicable rules or an owner's or operator's agent to:

                (1) make a false statement, representation, certification or omission of fact material to the protection of public health as related to a public water system in an application, record, report, plan or other document filed with or submitted to the department, or required by rule to be maintained by an owner or operator of a public water system;

                (2) falsify, tamper with or render inaccurate any device, method or record to be relied upon by the department to monitor or track information related to a public water system;

                (3) falsify or conceal a fact material to the protection of public health as related to a public water system; or

                (4) make or use a document with the knowledge that the document contains false statements or representations material to the protection of public health as related to a public water system.

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

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