0001| HOUSE BILL 308
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0002| 43rd legislature - STATE OF NEW MEXICO - first session, 1997
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0003| INTRODUCED BY
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0004| GARY K. KING
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0005|
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0006|
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0007|
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0008|
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0009|
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0010| AN ACT
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0011| RELATING TO ENVIRONMENTAL IMPROVEMENT; AMENDING SECTIONS OF THE
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0012| ENVIRONMENTAL IMPROVEMENT ACT TO PROVIDE A PERMITTING PROCESS
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0013| FOR ON-SITE LIQUID WASTE SYSTEMS; ENACTING PENALTIES.
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0014|
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0015| BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:
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0016| Section 1. Section 74-1-1 NMSA 1978 (being Laws 1971,
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0017| Chapter 277, Section 1, as amended) is amended to read:
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0018| "74-1-1. SHORT TITLE. [Sections 12-12-1 through 12-12-14
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NMSA 1953] Chapter 74, Article 1 NMSA 1978 may be cited as
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0020| the "Environmental Improvement Act"."
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0021| Section 2. Section 74-1-2 NMSA 1978 (being Laws 1971,
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0022| Chapter 277, Section 2) is amended to read:
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0023| "74-1-2. PURPOSE OF ENVIRONMENTAL IMPROVEMENT ACT.--The
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0024| purpose of the Environmental Improvement Act is to create [an
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agency which] a department that will be responsible for
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0001| environmental management and consumer protection in this state
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0002| in order to [insure] ensure an environment that in the
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0003| greatest possible measure will confer optimum health, safety,
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0004| comfort and economic and social well-being on its inhabitants;
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0005| will protect this generation as well as those yet unborn from
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0006| health threats posed by the environment; and will maximize the
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0007| economic and cultural benefits of a healthy people."
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0008| Section 3. Section 74-1-3 NMSA 1978 (being Laws 1971,
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0009| Chapter 277, Section 3, as amended) is amended to read:
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0010| "74-l-3. DEFINITIONS.--As used in the Environmental
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0011| Improvement Act:
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0012| A. "board" means the environmental improvement
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0013| board;
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0014| [A. "agency"] B. "department" or "environmental
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0015| improvement [agency] department" means the department of
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0016| environment;
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0017| [B. "board" means the environmental improvement
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board; and]
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0019| C. "on-site liquid waste system" means a liquid
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0020| waste system, or part thereof, serving a dwelling,
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0021| establishment or group, and using a liquid waste treatment unit
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0022| designed to receive liquid waste followed by either a soil
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0023| treatment or other type of disposal system. "On-site liquid
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0024| waste system" includes holding tanks and privies; and
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0025| [C.] D. "person" means the state or any agency,
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0001| institution or political subdivision thereof, any public or
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0002| private corporation, individual, partnership, association or
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0003| other entity and includes any officer or governing or managing
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0004| body of any political subdivision or public or private
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0005| corporation;
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0006| E. "secretary" means the secretary of
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0007| environment."
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0008| Section 4. Section 74-1-4 NMSA 1978 (being Laws 1971,
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0009| Chapter 277, Section 5, as amended) is amended to read:
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0010| "74-1-4. ENVIRONMENTAL IMPROVEMENT BOARD--CREATION--
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0011| ORGANIZATION.--
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0012| A. There is created the "environmental improvement
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0013| board". The board shall consist of five members appointed by
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0014| the governor, by and with the advice and consent of the senate.
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0015| The members of the board shall be appointed for overlapping
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0016| terms, with no term exceeding five years. No more than three
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0017| members shall be appointed from any political party. At least
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0018| a majority of the membership of the board shall be individuals
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0019| who represent the public interest and do not derive any
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0020| significant portion of their income from persons subject to or
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0021| who appear before the board on issues related to the federal
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0022| Clean Air Act [42 U.S.C. Sections 7401 et seq.] or the Air
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0023| Quality Control Act. Any vacancy occurring in the membership
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0024| of the board shall be filled by appointment by the governor for
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0025| the unexpired term.
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0001| B. The members of the board shall be reimbursed as
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0002| provided in the Per Diem and Mileage Act.
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0003| C. The board shall elect from its membership a
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0004| chairman, vice chairman and secretary and shall establish the
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0005| tenure of these offices. The board shall convene upon the call
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0006| of the chairman or a majority of its members."
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0007| Section 5. Section 74-1-5 NMSA 1978 (being Laws 1971,
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0008| Chapter 277, Section 6, as amended) is amended to read:
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0009| "74-1-5. ENVIRONMENTAL IMPROVEMENT BOARD--DUTIES.--The
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0010| board shall promulgate all regulations applying to persons and
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0011| entities outside of the [agency] department."
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0012| Section 6. Section 74-1-6 NMSA 1978 (being Laws 1971,
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0013| Chapter 277, Section 9, as amended) is amended to read:
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0014| "74-l-6. [AGENCY] DEPARTMENT--POWERS.--The [agency]
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0015| department shall have power to:
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0016| A. sue and be sued;
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0017| B. make contracts to carry out its delegated
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0018| duties;
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0019| C. enter into agreements with environmental and
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0020| consumer protection agencies of other states and the federal
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0021| government pertaining to duties of the [agency] department;
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0022| D. enter into investigation and remediation
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0023| agreements with persons potentially responsible for sites
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0024| within New Mexico subject to the federal Comprehensive
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0025| Environmental Response, Compensation and Liability Act of 1980
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0001| and such agreements shall not duplicate or take any authority
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0002| from the oil conservation commission;
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0003| E. serve as agent of the state in matters of
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0004| environmental management and consumer protection not expressly
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0005| delegated by law to another [agency] department, commission
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0006| or political subdivision in which the United States is a party;
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0007| F. enforce the rules, regulations and orders
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0008| promulgated by the board and environmental management and
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0009| consumer protection laws for which the [agency] department
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0010| is responsible by appropriate action in courts of competent
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0011| jurisdiction;
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0012| G. on the same basis as any other person, recommend
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0013| and propose regulations for promulgation by the board;
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0014| H. on the same basis as any other person, present
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0015| data, views or arguments and examine witnesses and otherwise
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0016| participate at all hearings conducted by the board or any other
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0017| administrative agency with responsibility in the areas of
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0018| environmental management or consumer protection, but shall not
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0019| be given any special status over any other party; and
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0020| I. have such other powers as may be necessary and
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0021| appropriate for the exercise of the powers and duties delegated
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0022| to the [agency] department."
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0023| Section 7. Section 74-1-7 NMSA 1978 (being Laws 1971,
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0024| Chapter 277, Section 10, as amended) is amended to read:
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0025| "74-1-7. ENVIRONMENTAL IMPROVEMENT [AGENCY]
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0001| DEPARTMENT--DUTIES.--
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0002| A. The [agency] department is responsible for
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0003| environmental management and consumer protection programs. In
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0004| that respect, the [agency] department shall maintain,
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0005| develop and enforce regulations and standards in the following
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0006| areas:
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0007| (1) food protection;
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0008| (2) water supply, including regulations
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0009| establishing a reasonable system of fees for the provision of
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0010| services by the [agency] department to public water supply
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0011| systems, and water pollution as provided in the Water Quality
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0012| Act;
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0013| (3) liquid waste, including exclusive
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0014| authority to implement and administer an inspection and
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0015| permitting program for on-site liquid waste systems;
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0016| (4) air quality management as provided in the
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0017| Air Quality Control Act;
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0018| (5) radiation control as provided in the
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0019| Radiation Protection Act;
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0020| (6) noise control;
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0021| (7) nuisance abatement;
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0022| (8) vector control;
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0023| (9) occupational health and safety as provided
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0024| in the Occupational Health and Safety Act;
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0025| (10) sanitation of public swimming pools and
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0001| public baths;
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0002| (11) plumbing, drainage, ventilation and
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0003| sanitation of public buildings in the interest of public
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0004| health;
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0005| (12) medical radiation, health and safety
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0006| certification and standards for radiologic technologists as
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0007| provided in the Medical Radiation Health and Safety Act;
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0008| (13) hazardous wastes and underground storage
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0009| tanks as provided in the Hazardous Waste Act; and
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0010| (14) solid waste as provided in the Solid
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0011| Waste Act.
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0012| B. Nothing in Subsection A of this section imposes
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0013| requirements for the approval of subdivision plats in addition
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0014| to those required elsewhere by law. Nothing in Subsection A of
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0015| this section preempts the authority of any political
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0016| subdivision to approve subdivision plats."
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0017| Section 8. Section 74-1-8 NMSA 1978 (being Laws 1971,
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0018| Chapter 277, Section 11, as amended) is amended to read:
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0019| "74-1-8. ENVIRONMENTAL IMPROVEMENT BOARD--DUTIES.--
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0020| A. The board is responsible for environmental
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0021| management and consumer protection. In that respect, the board
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0022| shall promulgate regulations and standards in the following
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0023| areas:
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0024| (1) food protection;
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0025| (2) water supply, including regulations
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0001| establishing a reasonable system of fees for the provision of
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0002| services by the [agency] department to public water supply
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0003| systems;
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0004| (3) liquid waste, including exclusive
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0005| authority to implement and administer an inspection and
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0006| permitting program for on-site liquid waste systems;
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0007| (4) air quality management as provided in the
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0008| Air Quality Control Act;
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0009| (5) radiation control as provided in the
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0010| Radiation Protection Act;
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0011| (6) noise control;
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0012| (7) nuisance abatement;
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0013| (8) vector control;
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0014| (9) occupational health and safety as provided
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0015| in the Occupational Health and Safety Act;
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0016| (10) sanitation of public swimming pools and
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0017| public baths;
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0018| (11) plumbing, drainage, ventilation and
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0019| sanitation of public buildings in the interest of public
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0020| health;
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0021| (12) medical radiation, health and safety
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0022| certification and standards for radiologic technologists as
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0023| provided in the Medical Radiation Health and Safety Act;
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0024| (13) hazardous wastes and underground storage
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0025| tanks as provided in the Hazardous Waste Act; and
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0001| (14) solid waste as provided in the Solid
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0002| Waste Act.
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0003| B. Nothing in Subsection A of this section imposes
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0004| requirements for the approval of subdivision plats in addition
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0005| to those required elsewhere by law. Nothing in Subsection A of
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0006| this section preempts the authority of any political
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0007| subdivision to approve subdivision plats.
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0008| C. Fees collected pursuant to Paragraph (2) of
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0009| Subsection A of this section shall be deposited in the water
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0010| supply fund."
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0011| Section 9. Section 74-1-8.1 NMSA 1978 (being Laws 1982,
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0012| Chapter 73, Section 23, as amended) is amended to read:
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0013| "74-1-8.1. LEGAL ADVICE.--
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0014| A. In the exercise of any of its powers or duties,
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0015| the board shall act with independent legal advice. The manner
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0016| in which such advice is provided shall be determined by the
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0017| board, but from among one of the following:
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0018| (1) the office of the attorney general;
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0019| (2) independent counsel hired by the board,
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0020| whether full- or part-time; or
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0021| (3) another state agency whose function is
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0022| sufficiently distinct from the department of environment to
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0023| assure independent, impartial advice.
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0024| B. Notwithstanding the provisions of Subsection A
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0025| of this section, attorneys from the [agency] department may
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0001| act for the board in lawsuits filed against or on behalf of the
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0002| board, and the attorney general may, at the request of the
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0003| board, file and defend lawsuits on behalf of the board."
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0004| Section 10. Section 74-1-10 NMSA 1978 (being Laws 1973,
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0005| Chapter 340, Section 8) is amended to read:
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0006| "74-1-10. PENALTY.--
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0007| A. A person who violates any regulation of the
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0008| board is guilty of a petty misdemeanor. This section does not
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0009| apply to any regulation for which a criminal penalty is
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0010| otherwise provided by law.
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0011| B. Whenever, on the basis of any information, the
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0012| secretary determines that a person has violated, is violating
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0013| or threatens to violate any provision of Paragraph (3) of
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0014| Subsection A of Section 74-1-8 NMSA 1978 or any rule,
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0015| regulation or permit condition adopted and promulgated
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0016| thereunder, the secretary may:
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0017| (1) issue a compliance order stating with
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0018| reasonable specificity the nature of the violation or
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0019| threatened violation, requiring compliance immediately or
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0020| within a specified time period and assessing a civil penalty
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0021| for any past or current violation, or both; or
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0022| (2) commence a civil action in district court
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0023| for appropriate relief, including a temporary or permanent
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0024| injunction.
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0025| C. An order issued pursuant to Subsection B of this
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0001| section may include suspension or revocation of any permit
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0002| issued by the department. Any penalty assessed in the order
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0003| shall not exceed one thousand dollars ($1,000) per day of
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0004| noncompliance for each violation. In assessing the penalty,
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0005| the secretary shall take into account the seriousness of the
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0006| violation and any good-faith efforts to comply with the
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0007| applicable requirements.
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0008| D. If violator fails to take corrective actions
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0009| within the time specified in the compliance order, the
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0010| secretary shall:
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0011| (1) assess civil penalties of not more than
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0012| ten thousand dollars ($10,000) for each noncompliance with the
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0013| order; and
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0014| (2) suspend or revoke any permit issued to
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0015| the violator pursuant to Paragraph (3) of Subsection A of
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0016| Section 74-1-8 NMSA 1978.
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0017| E. An order issued pursuant to this section shall
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0018| become final unless, no later than thirty days after the order
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0019| is served, the person named in the order submits a written
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0020| request to the secretary for a hearing. Upon such a request,
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0021| the secretary shall conduct a hearing. The secretary shall
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0022| appoint an independent hearing officer to preside over the
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0023| hearing. The hearing officer shall make and preserve a
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0024| complete record of the proceedings and forward his
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0025| recommendation based on the record to the secretary, who shall
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0001| make the final decision.
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0002| F. In connection with any proceeding pursuant to
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0003| this section, the secretary may issue subpoenas for the
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0004| attendance and testimony of witnesses and the production of
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0005| relevant papers, books and documents and may adopt and
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0006| promulgate rules for discovery procedures.
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0007| G. Penalties collected pursuant to violations of
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0008| rules, regulations or permit conditions adopted pursuant to
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0009| Paragraph (3) of Subsection A of Section 74-1-8 NMSA 1978 shall
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0010| be deposited in the state treasury to be credited to the
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0011| general fund."
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0012| State of New Mexico
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0013| House of Representatives
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0014|
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0015| FORTY-THIRD LEGISLATURE
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0016| FIRST SESSION, 1997
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0017|
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0018|
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0019| February 5, 1997
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0020|
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0021|
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0022| Mr. Speaker:
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0023|
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0024| Your ENERGY AND NATURAL RESOURCES COMMITTEE, to
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0025| whom has been referred
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0001|
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0002| HOUSE BILL 308
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0003|
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0004| has had it under consideration and reports same with
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0005| recommendation that it DO PASS, amended as follows:
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0006|
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0007|
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0008| 1. On page 5, line 22, after the period strike
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0009| "ENVIRONMENTAL IMPROVEMENT" and insert in lieu thereof
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0010| "ENVIRONMENT".
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0011|
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0012|
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0013| and thence referred to the JUDICIARY COMMITTEE.
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0014|
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0015| Respectfully submitted,
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0016|
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0017|
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0018|
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0019|
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0020|
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0021| James Roger Madalena, Chairman
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0022|
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0023|
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0024| Adopted Not Adopted
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0025|
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0001| (Chief Clerk) (Chief Clerk)
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0002|
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0003| Date
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0004|
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0005| The roll call vote was 10 For 0 Against
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0006| Yes: 10
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0007| Excused: Macko, Stewart
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0008| Absent: None
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0009|
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0010|
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0011| .115837.1
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0012| G:\BILLTEXT\BILLW_97\H0308 State of New Mexico
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0013| House of Representatives
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0014|
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0015| FORTY-THIRD LEGISLATURE
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0016| FIRST SESSION, 1997
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0017|
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0018|
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0019| February 15, 1997
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0020|
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0021|
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0022| Mr. Speaker:
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0023|
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0024| Your JUDICIARY COMMITTEE, to whom has been referred
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0025|
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0001| HOUSE BILL 308, as amended
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0002|
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0003| has had it under consideration and reports same with
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0004| recommendation that it DO PASS, amended as follows:
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0005|
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0006| 1. On page 12, between lines 5 and 6, insert the
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0007| following new section to read:
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0008|
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0009| "Section 11. A new section of Chapter 74, Article 1
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0010| NMSA 1978 is enacted to read:
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0011|
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0012| "[NEW MATERIAL] COUNTY OR MUNICIPAL AUTHORITY
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0013| REGARDING ON-SITE LIQUID WASTE SYSTEM.--Nothing in Chapter
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0014| 74, Article 1 NMSA 1978 limits or is intended to limit the
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0015| authority of any county or municipality to adopt and enforce
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0016| requirements related to on-site liquid waste systems that
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0017| are at least as stringent as those in that article;
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0018| provided, however, that the county or municipality has, on
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0019| staff or under contract, either a registered professional
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0020| engineer with education or experience in sanitary
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0021| engineering or a class II wastewater operator certified by
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0022| the state of New Mexico."".
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0023|
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0024|
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0025|
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0001|
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0002|
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0003| Respectfully submitted,
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0004|
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0005|
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0006|
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0007|
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0008|
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0009| Thomas P. Foy, Chairman
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0010|
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0011|
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0012| Adopted Not Adopted
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0013|
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0014| (Chief Clerk) (Chief Clerk)
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0015|
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0016| Date
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0017|
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0018| The roll call vote was 8 For 0 Against
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0019| Yes: 8
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0020| Excused: Carpenter, Luna, Mallory, Rios, Sanchez
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0021| Absent: None
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0022|
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0023|
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0024| .116755B.2
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0025| G:\BILLTEXT\BILLW_97\H0308
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0001|
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0002| FORTY-THIRD LEGISLATURE HB 308/a
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0003| FIRST SESSION, 1997
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0004|
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0005|
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0006| March 17, 1997
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0007|
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0008| Mr. President:
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0009|
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0010| Your CONSERVATION COMMITTEE, to whom has been referred
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0011|
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0012| HOUSE BILL 308, as amended
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0013|
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0014| has had it under consideration and reports same with
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0015| recommendation that it DO PASS, amended as follows:
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0016|
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0017| 1. On page 10, lines 22 and 23, strike "per day of
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0018| noncompliance".
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0019|
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0020| 2. On page 11, lines 5 and 6, strike "ten thousand dollars
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0021| ($10,000)" and insert in lieu thereof "one thousand dollars
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0022| ($1,000)",
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0023|
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0024| and further recommends that it now be referred to the
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0025| JUDICIARY COMMITTEE.
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0001|
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0002| Respectfully submitted,
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0003|
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0004|
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0005|
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0006|
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0007| __________________________________
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0008| Michael S. Sanchez, Chairman
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0009|
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0010|
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0011| Adopted_______________________ Not
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0012| Adopted_______________________
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0013| (Chief Clerk) (Chief Clerk)
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0014|
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0015| Date ________________________
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0016|
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0017|
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0018| The roll call vote was 7 For 0 Against
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0019| Yes: 7
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0020| No: None
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0021| Excused: Eisenstadt, Griego, Lyons
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0022| Absent: None
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0023|
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0024|
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0025| H0308C01
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0001|
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0002| FORTY-THIRD LEGISLATURE HB 308/a
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0003| FIRST SESSION, 1997
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0004|
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0005|
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0006| March 19, 1997
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0007|
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0008| Mr. President:
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0009|
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0010| Your JUDICIARY COMMITTEE, to whom has been referred
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0011|
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0012| HOUSE BILL 308, as amended
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0013|
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0014| has had it under consideration and reports same with
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0015| recommendation that it DO PASS, amended as follows:
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0016|
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0017| 1. On page 2, line 24, after "privies" insert "but does not
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0018| include systems or facilities designed to receive or treat mine
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0019| or mill tailings or wastes".
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0020|
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0021| 2. On page 2, line 24, after the semicolon strike "and".
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0022|
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0023| 3. On page 3, between lines 5 and 6, insert the following
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0024| subsection:
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0025|
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0001| "E. "residential on-site liquid waste system" means an
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0002| on-site liquid waste system serving up to four dwelling units;
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0003| and".
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0004|
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0005| 4. Reletter the succeeding subsection accordingly.
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0006|
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0007| 5. On page 10, line 21, after "order" insert ", except for
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0008| residential on-site liquid waste systems,".
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0009|
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0010| 6. On page 10, line 23, after the period insert "Any
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0011| penalty assessed in the order for a residential on-site liquid
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0012| waste system shall not exceed one hundred dollars ($100) for each
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0013| violation.".
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0014|
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0015|
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0016| Respectfully submitted,
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0017|
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0018|
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0019|
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0020|
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0021| __________________________________
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0022| Fernando R. Macias, Chairman
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0023|
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0024|
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0025|
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0001|
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0002|
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0003|
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0004|
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0005|
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0006|
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0007| Adopted_______________________ Not
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0008| Adopted_______________________
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0009| (Chief Clerk) (Chief Clerk)
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0010|
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0011|
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0012| Date ________________________
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0013|
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0014|
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0015| The roll call vote was 5 For 0 Against
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0016| Yes: 5
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0017| No: 0
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0018| Excused: Tsosie, Vernon, Macias
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0019| Absent: None
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0020|
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0021|
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0022| H0308JU1 .119167.1
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0023| .119076.1
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0024|
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