The New Mexico Water Quality Act, specifically NMSA 1978, § 74-6-5(A), outlines the authority of the New Mexico Environment Department (NMED) to issue permits for the discharge of pollutants into state waters. This section establishes the requirement for a permit for any activity that discharges, or proposes to discharge, any pollutant into any segment of the waters of the state. The Water Quality Control Commission (WQCC) is responsible for adopting regulations that implement the Act. Regulation 20.6.2 NMAC, specifically concerning Ground and Surface Water Protection, details the standards and requirements for water quality. A facility intending to discharge treated wastewater from an industrial process into the Pecos River in New Mexico would therefore need to obtain a discharge permit from the NMED. This permit process ensures that the discharge meets the established water quality standards designed to protect public health and the environment, as mandated by the Act and its associated regulations. The permit typically specifies the types and concentrations of pollutants allowed, monitoring requirements, and reporting obligations. Failure to obtain such a permit or to comply with its terms constitutes a violation of the New Mexico Water Quality Act.

The New Mexico Hazardous Waste Act, specifically the provisions concerning the management of hazardous waste, aligns with the federal Resource Conservation and Recovery Act (RCRA). Under RCRA, facilities that generate, treat, store, or dispose of hazardous waste are subject to stringent permitting and operational requirements. The New Mexico Environment Department (NMED) is the primary regulatory agency responsible for implementing and enforcing these regulations within the state. When a facility closes, it must comply with specific closure requirements to ensure that remaining hazardous waste and contaminated materials are managed in a manner that protects human health and the environment. These requirements typically involve developing and implementing a detailed closure plan, which outlines the procedures for decontaminating or removing all hazardous waste, stabilizing remaining waste, and closing the site in a way that minimizes future environmental risks. Post-closure care is also a critical component, involving monitoring and maintenance for a specified period to ensure the integrity of the closure and to detect any releases. The concept of “cradle-to-grave” management, fundamental to RCRA and adopted by New Mexico, emphasizes the responsibility of waste generators and handlers throughout the entire lifecycle of hazardous waste, including the final disposition after closure. Therefore, a facility’s compliance with closure requirements under the Hazardous Waste Act is a direct reflection of its adherence to these overarching RCRA principles as implemented in New Mexico.

The New Mexico Water Quality Act, NMSA 1978, Chapter 74, Article 6, establishes the framework for water pollution control. Section 74-6-5 outlines the authority of the New Mexico Environment Department (NMED) to issue permits for the discharge of pollutants into state waters. These permits, often referred to as New Mexico Pollutant Discharge Elimination System (NPDES) permits or state-issued discharge permits, are designed to ensure that discharges meet specific effluent limitations and water quality standards. The Act also mandates monitoring and reporting requirements for permittees to demonstrate compliance. Enforcement mechanisms are provided for violations, including administrative orders, civil penalties, and injunctive relief. The concept of “waters of the state” is central to the Act’s jurisdiction, encompassing surface waters, groundwater, and other bodies of water within New Mexico. The Act aims to protect the public health and the environment by preventing, abating, and controlling water pollution. Understanding the permit application process, the basis for effluent limitations (e.g., technology-based standards and water quality-based standards), and the enforcement provisions are critical for any entity discharging wastewater in New Mexico.

The New Mexico Water Quality Act, specifically the provisions governing the discharge of pollutants into state waters, establishes a framework for regulating industrial and municipal wastewater. The Act, administered by the New Mexico Environment Department (NMED), requires permits for any discharge that could affect water quality. These permits, often referred to as “Pollution Prevention Plans” or “Discharge Permits,” are designed to ensure that discharges meet established effluent limitations and water quality standards. The concept of “anti-backsliding” is a critical component of the Clean Water Act, which is mirrored in state-level regulations like New Mexico’s. Anti-backsliding generally prohibits the relaxation of previously established effluent limitations unless specific, limited exceptions apply. These exceptions often relate to changes in the availability of treatment technology, new or revised water quality standards, or significant changes in the facility’s operation that are not the result of a violation. In the context of a permit renewal, if a facility previously operated under a permit with a certain effluent limitation for a specific pollutant, and no new information or regulatory changes warrant a less stringent standard, the renewed permit must maintain at least equivalent or more stringent limitations. The NMED’s authority to modify permits is circumscribed by these anti-backsliding principles to prevent a deterioration of water quality. Therefore, a permit renewal that simply allows for a less stringent limit on a pollutant without meeting the statutory exceptions would be contrary to the Act’s intent and the principle of maintaining or improving water quality. The primary goal is to prevent the lowering of water quality standards.

New Mexico’s approach to hazardous waste management is primarily governed by the Hazardous Waste Act (HWA), codified in the New Mexico Statutes Annotated (NMSA) Chapter 74, Article 4. This act mirrors many provisions of the federal Resource Conservation and Recovery Act (RCRA) but can include state-specific requirements and enforcement mechanisms. The New Mexico Environment Department (NMED) is the primary regulatory body responsible for implementing and enforcing the HWA. A key aspect of this regulation involves the permitting of hazardous waste treatment, storage, and disposal facilities (TSDFs). Facilities that treat, store, or dispose of hazardous waste must obtain a Hazardous Waste Facility Permit from the NMED. This permit process is rigorous and requires applicants to demonstrate compliance with stringent technical standards, operational requirements, and financial assurance provisions. The permit application itself is a comprehensive document detailing the facility’s design, operation, waste streams, contingency plans, and closure procedures. Public participation is a critical component of the permitting process, allowing for input from affected communities and stakeholders. The denial of a permit application, or the revocation of an existing permit, can occur if the applicant or permittee fails to meet the statutory and regulatory requirements, or if their operations pose an unacceptable risk to human health and the environment. Such actions are subject to administrative review and potential judicial appeal.

The New Mexico Water Quality Act, specifically NMSA 1978 § 74-6-5, outlines the powers and duties of the New Mexico Environment Department (NMED). Among these powers is the authority to issue permits for the discharge of pollutants into waters of the state. The Act further mandates that these permits must include effluent limitations, monitoring requirements, and compliance schedules. When a facility fails to comply with a permit, the NMED can pursue various enforcement actions, including administrative orders, civil penalties, and, in some cases, criminal prosecution. The concept of “revocation” of a permit is a severe enforcement action that is typically reserved for persistent or egregious violations, or when a facility is found to be operating in a manner that poses an imminent danger to public health or the environment. While the Act grants broad authority to the NMED to protect water quality, the process for permit revocation generally involves due process, including notice and an opportunity for a hearing, before the permit can be formally withdrawn. Therefore, a facility that has been issued a discharge permit under the Water Quality Act and subsequently violates its terms would most likely face a series of escalating enforcement actions, with revocation being a potential ultimate consequence rather than an immediate or automatic outcome for a first-time or minor infraction. The focus of the Water Quality Act is on preventing pollution and ensuring compliance through a structured regulatory framework.

The New Mexico Water Quality Act, specifically under the authority of the New Mexico Environment Department (NMED), establishes a framework for the protection of surface and groundwater quality. A key component of this framework is the requirement for permits for activities that discharge pollutants into state waters. The Water Quality Control Commission (WQCC) is responsible for adopting and promulgating rules and standards under the Act. When a facility proposes an activity that may result in a discharge, it must obtain a New Mexico Pollutant Discharge Elimination System (NPDES) permit, or its state equivalent, often referred to as a New Mexico Water Discharge Permit. This permit process involves evaluating the potential impact of the discharge on water quality standards, including designated uses of the receiving waters and applicable water quality criteria. The permit will specify effluent limitations, monitoring requirements, and other conditions to ensure compliance with the Act and protect public health and the environment. Therefore, an application for a permit to discharge treated wastewater from a new industrial facility into the Rio Grande near Albuquerque would be processed by the NMED under the Water Quality Act, requiring a thorough review of the discharge’s potential effects on the river’s designated uses and water quality standards.

The New Mexico Water Quality Act, specifically NMSA 1978, § 74-6-1 et seq., governs water pollution control. Section 74-6-5 outlines the powers and duties of the New Mexico Environment Department (NMED). One key aspect is the issuance of pollutant discharge permits. Under the federal Clean Water Act, which New Mexico administers through its Water Quality Act, facilities discharging pollutants into waters of the United States must obtain a National Pollutant Discharge Elimination System (NPDES) permit. In New Mexico, the NMED issues these permits, often referred to as New Mexico Pollutant Discharge Elimination System (NM-PDES) permits. These permits establish specific effluent limitations, monitoring requirements, and other conditions to protect water quality. If a facility violates the terms of its NM-PDES permit, the NMED has the authority to impose administrative penalties. The maximum administrative penalty for a violation of the Water Quality Act or a permit issued thereunder is \$5,000 per day for each day of a continuing violation, as stipulated in NMSA 1978, § 74-6-10(A). Therefore, for a violation that continues for 10 days, the maximum potential administrative penalty would be \(10 \text{ days} \times \$5,000/\text{day} = \$50,000\). This penalty structure is designed to incentivize compliance and deter future violations by imposing significant financial consequences. The Department’s authority to assess these penalties is a crucial enforcement mechanism for ensuring the effectiveness of the state’s water quality protection program.

The New Mexico Water Quality Act, specifically the provisions concerning the Water Quality Control Commission (WQCC) and its authority to establish water quality standards, is central to this question. The Act empowers the WQCC to adopt regulations that protect the state’s waters from pollution. This includes the development of water quality standards for various water bodies, which are crucial for permitting discharges under the New Mexico Water Quality Act, often mirroring federal Clean Water Act requirements through state delegation. The WQCC’s regulations, such as those found in the New Mexico Administrative Code (NMAC) Title 20, Chapter 6, are designed to prevent degradation of surface and groundwater. The concept of “antidegradation” is a key principle, ensuring that existing water quality is maintained or improved. When a proposed discharge from a facility like a mine in New Mexico is reviewed, the WQCC’s standards are applied to determine the acceptable levels of pollutants. These standards are not static; they are subject to review and revision based on scientific understanding and the need to protect designated uses of water bodies, such as drinking water supply, recreation, and aquatic life. The process involves public participation and scientific assessment to ensure that the standards are both protective and achievable. The question probes the fundamental authority of the WQCC to set these critical benchmarks for water quality management within New Mexico.

The New Mexico Environment Department (NMED) is responsible for overseeing hazardous waste management under the Hazardous Waste Management Act (HWMA), which is largely modeled after the federal Resource Conservation and Recovery Act (RCRA). When a facility generates hazardous waste, it must determine if it meets the criteria for a small quantity generator (SQG) or a large quantity generator (LQG). This determination is based on the amount of hazardous waste generated per month. For SQGs, the monthly generation limit is between 100 and 1,000 kilograms of hazardous waste, or less than 1 kilogram of acutely hazardous waste. For LQGs, the monthly generation limit is greater than 1,000 kilograms of hazardous waste, or greater than 1 kilogram of acutely hazardous waste. Any generator exceeding these thresholds must comply with more stringent management and reporting requirements. In this scenario, the facility generates 1,200 kg of hazardous waste and 0.5 kg of acutely hazardous waste in a month. Since 1,200 kg exceeds the 1,000 kg threshold for LQG status, the facility is classified as a large quantity generator, regardless of the amount of acutely hazardous waste generated, as the solid waste threshold alone is sufficient for this classification. Therefore, the facility must adhere to all applicable LQG requirements under New Mexico’s hazardous waste regulations.

The New Mexico Water Quality Act, specifically the provisions governing the discharge of pollutants into state waters, establishes a framework for permitting and enforcement. The New Mexico Environment Department (NMED) is the primary regulatory body responsible for implementing these provisions. When a facility proposes to discharge wastewater, it must obtain a New Mexico Pollutant Discharge Elimination System (NPDES) permit, or a state equivalent if federal delegation is not complete or if state law imposes stricter requirements. The permit sets specific effluent limitations, monitoring requirements, and reporting obligations. These limitations are derived from water quality standards established for the receiving water body and are based on the best available technology economically achievable (BAT) or other relevant standards. The Act also addresses pretreatment standards for discharges into publicly owned treatment works (POTWs) and mandates measures to prevent significant adverse impacts on water quality. Enforcement mechanisms include administrative orders, civil penalties, and criminal sanctions for violations. The concept of “waters of the state” is broadly defined to encompass all surface and groundwater within New Mexico, ensuring comprehensive regulatory coverage. Understanding the interplay between federal Clean Water Act requirements and New Mexico’s specific statutory and regulatory framework is crucial for compliance.

The New Mexico Water Quality Act, specifically the provisions related to the New Mexico Environment Department’s (NMED) authority to issue permits and enforce water quality standards, forms the basis for this question. The New Mexico Water Quality Control Commission (WQCC) regulations, such as 20 NMAC 6.2, detail the procedures for obtaining discharge permits and the requirements for compliance. When a facility fails to meet the effluent limitations stipulated in its New Mexico Pollutant Discharge Elimination System (NPDES) permit, which is issued under the authority of the Clean Water Act and state law, the NMED can initiate enforcement actions. These actions can include administrative orders, civil penalties, and injunctive relief. The determination of the appropriate penalty often involves considering factors such as the severity of the violation, the duration of non-compliance, the economic benefit gained from non-compliance, and the facility’s compliance history. For a violation involving exceeding effluent limitations for total suspended solids (TSS) by 15% above the permitted limit of 30 mg/L for 30 consecutive days, the NMED would assess the impact on the receiving waters and the potential for harm to aquatic life and human health. The relevant regulations empower the NMED to seek penalties for each day of violation. Assuming a statutory maximum penalty of \$5,000 per day for violations of the Water Quality Act and a permit violation that occurred over 30 days, the potential maximum administrative penalty would be calculated as the maximum daily penalty multiplied by the number of days of violation. Therefore, \( \$5,000/\text{day} \times 30 \text{ days} = \$150,000 \). This calculation reflects the potential administrative penalty the NMED could seek. The question tests the understanding of the statutory penalty framework and its application to a specific scenario of permit non-compliance under New Mexico environmental law.

The New Mexico Environmental Improvement Act, specifically the Hazardous Waste Management Act (NMAC 20.4.1), governs the management of hazardous waste within the state. A key aspect of this act is the definition and classification of hazardous waste. Waste is generally considered hazardous if it exhibits characteristics of ignitability, corrosivity, reactivity, or toxicity, or if it is specifically listed by the U.S. Environmental Protection Agency (EPA) or the New Mexico Environment Department (NMED). The question revolves around determining if a waste stream from a hypothetical industrial process in New Mexico meets the criteria for hazardous waste classification under state regulations, which are largely aligned with federal Resource Conservation and Recovery Act (RCRA) regulations but may have state-specific nuances or additional listings. To determine if the waste is hazardous, one must assess its characteristics. Ignitability relates to flashpoint or ability to cause fire. Corrosivity pertains to pH levels or the ability to corrode steel. Reactivity concerns instability, explosive potential, or generation of toxic gases. Toxicity is typically assessed through the Toxicity Characteristic Leaching Procedure (TCLP), which simulates landfill conditions to see if specific contaminants leach above regulatory thresholds. In this scenario, the waste is described as having a pH of 1.5, which is highly acidic and falls within the definition of corrosivity under both federal and New Mexico regulations. Specifically, regulations define a characteristic of corrosivity if a liquid has a pH less than or equal to 2 or greater than or equal to 12.5, or if it is a solid that corrodes steel at a specified rate. Since the waste has a pH of 1.5, it definitively exhibits the characteristic of corrosivity. Therefore, it is classified as hazardous waste. The specific regulatory citation for this characteristic is typically found within the definitions section of the hazardous waste regulations, such as 40 CFR Part 261 Subpart C for characteristic hazardous wastes, which New Mexico adopts.

The New Mexico Water Quality Act, NMSA 1978, Chapter 74, Article 6, establishes the framework for water pollution control. Section 74-6-4 outlines the powers and duties of the Environmental Improvement Board and the secretary of the department of environment. Specifically, the Act grants the secretary the authority to adopt, amend, and repeal regulations to prevent, control, and abate water pollution. This includes setting water quality standards, issuing permits for discharges, and enforcing compliance. The Act also provides for public participation in the rulemaking process and establishes penalties for violations. When considering a facility that discharges wastewater into the state’s waters, the primary regulatory mechanism is the New Mexico Pollutant Discharge Elimination System (NPDES) permit program, which is administered by the New Mexico Environment Department under authority delegated from the U.S. Environmental Protection Agency and state law. This permit program requires facilities to monitor their discharges and adhere to specific effluent limitations to protect water quality. The Act also addresses underground storage tanks and hazardous waste management, but the core of regulating direct wastewater discharges falls under the water quality provisions.

New Mexico’s approach to regulating hazardous waste, particularly concerning the identification and management of newly discovered contaminants, is primarily governed by the New Mexico Hazardous Waste Act (NMHWA) and its corresponding regulations, which are largely aligned with the federal Resource Conservation and Recovery Act (RCRA). When a facility identifies a substance that was not previously listed or characterized as hazardous but exhibits characteristics of hazardous waste (ignitability, corrosivity, reactivity, or toxicity), the facility bears the responsibility to determine if it meets the regulatory definition of hazardous waste. This determination process involves either testing the waste according to specified methodologies or using process knowledge. If the waste is determined to be hazardous, the facility must then manage it in accordance with the NMHWA and applicable regulations, including obtaining necessary permits, implementing proper storage, treatment, and disposal methods, and fulfilling reporting requirements. The state’s regulatory framework emphasizes the generator’s responsibility in waste characterization and management. The question probes the initial procedural step a facility must take upon discovering a potentially hazardous substance not previously identified under existing regulations. The correct procedure involves the facility itself undertaking the characterization process to determine if the waste meets the established criteria for hazardous waste, rather than awaiting a directive from the New Mexico Environment Department (NMED) for initial classification or assuming it is non-hazardous without proper assessment. The facility’s proactive characterization is the legally mandated first step.

The New Mexico Hazardous Waste Act (NM HWA), codified in the New Mexico Statutes Annotated (NMSA) Chapter 74, Article 4, establishes the framework for the management of hazardous waste within the state. This act grants the New Mexico Environment Department (NMED) the authority to implement and enforce regulations that are at least as stringent as the federal Resource Conservation and Recovery Act (RCRA). When a facility generates hazardous waste, it is subject to specific requirements depending on the quantity generated. Small Quantity Generators (SQGs) are defined as those who generate between 100 and 1,000 kilograms of hazardous waste per month. Large Quantity Generators (LQGs) generate 1,000 kilograms or more per month. Conditionally Exempt Small Quantity Generators (CESQGs), now referred to as Very Small Quantity Generators (VSQGs) under federal redefinition, generate 100 kilograms or less per month. The question asks about a generator exceeding the VSQG threshold but not the SQG threshold. Therefore, this entity falls into the Small Quantity Generator category. The specific regulatory requirements for SQGs under the NM HWA, mirroring federal RCRA, include limitations on accumulation time, manifesting requirements for off-site shipment, and preparedness and prevention measures. The critical distinction here is the monthly generation rate determining the generator status, which then dictates the applicable regulatory obligations.

The New Mexico Hazardous Waste Act, specifically 74-4-1 et seq. NMSA 1978, establishes the framework for managing hazardous waste within the state. This act grants the New Mexico Environment Department (NMED) broad authority to implement and enforce regulations concerning the generation, transportation, treatment, storage, and disposal of hazardous waste. The Hazardous and Radioactive Materials Bureau within NMED is responsible for this oversight. The Act requires facilities that generate or manage hazardous waste to obtain permits and comply with specific operational standards designed to protect human health and the environment. Key provisions include manifest requirements for tracking waste, closure and post-closure care plans for permitted facilities, and corrective action for releases of hazardous constituents. The department also has the authority to impose penalties for violations. Understanding the scope of NMED’s authority under this Act is crucial for any entity involved in hazardous waste management in New Mexico. The Act’s intent is to mirror federal regulations where applicable, such as the Resource Conservation and Recovery Act (RCRA), but also to provide for state-specific controls and enforcement mechanisms tailored to New Mexico’s unique environmental concerns.

The New Mexico Water Quality Act, specifically NMSA 1978, § 74-6-1 et seq., and its accompanying regulations, such as the New Mexico Administrative Code (NMAC) 20.6.2, govern the discharge of pollutants into state waters. The act establishes a permitting system, primarily through the State Pollutant Discharge Elimination System (SPDES), which is administered by the New Mexico Environment Department (NMED). Facilities that discharge wastewater containing pollutants are required to obtain a permit that sets specific effluent limitations, monitoring requirements, and reporting obligations. These limitations are based on factors such as the type of pollutant, the receiving water body’s designated use and water quality standards, and the best available treatment technologies. Failure to comply with permit conditions or the Act can result in significant penalties, including civil and criminal fines, and injunctive relief. The concept of “waters of the state” is broadly defined to include all surface and ground waters within New Mexico, reflecting a comprehensive approach to water pollution control. The NMED has the authority to conduct inspections, take samples, and issue enforcement actions to ensure compliance with the Water Quality Act and its regulations. The focus is on preventing pollution at its source and ensuring that any discharges do not degrade the quality of New Mexico’s vital water resources.

The New Mexico Water Quality Act, specifically NMSA 1978, § 74-6-1 et seq., establishes the framework for water pollution control in the state. The New Mexico Environment Department (NMED) is empowered to adopt and enforce regulations to protect surface and groundwater. The concept of “effluent limitation” is central to this act, referring to restrictions on the quantity, quality, and content of pollutants that may be discharged into the waters of the state. These limitations are often expressed as numerical standards or narrative criteria, tailored to the specific receiving water body and the nature of the discharge. The New Mexico Water Quality Control Commission (WQCC) is the body responsible for adopting water quality standards and regulations, including effluent limitations, which are then implemented and enforced by the NMED. The Act also allows for the issuance of permits, such as National Pollutant Discharge Elimination System (NPDES) permits, which incorporate these effluent limitations. Understanding the hierarchy of these regulatory bodies and the types of controls they impose is crucial for compliance.

The New Mexico Environment Department (NMED) enforces regulations under the Hazardous Waste Act, which aligns with the federal Resource Conservation and Recovery Act (RCRA). When a facility generates hazardous waste, it must comply with specific management standards. The generator status is determined by the amount of hazardous waste generated per month. A large quantity generator (LQG) is defined as a facility that generates 1,000 kilograms (kg) or more of hazardous waste in any single month, or more than 1 kg of acute hazardous waste in any single month. A small quantity generator (SQG) generates between 100 kg and 1,000 kg of hazardous waste per month. A conditionally exempt small quantity generator (CESQG) generates 100 kg or less of hazardous waste per month and meets other criteria. In this scenario, the facility generates 1,100 kg of hazardous waste in January and 950 kg in February. Since the generation in January exceeds the 1,000 kg threshold for LQG status, the facility is classified as an LQG for that month. Even though the generation in February falls below the LQG threshold, the status is determined by the highest amount generated in any given month when considering the overall generator category for a period. However, for the purpose of specific monthly compliance, the determination is based on the current month’s generation. The question asks about the status in February. In February, the facility generated 950 kg of hazardous waste. This amount is greater than 100 kg but less than 1,000 kg. Therefore, in February, the facility is classified as a small quantity generator. The New Mexico Hazardous Waste Management Regulations (20.4.1 NMAC) define these categories. Specifically, 20.4.1.200 NMAC, which adopts by reference 40 CFR Part 262, establishes these generator categories. A facility’s generator status can fluctuate monthly, and compliance obligations are tied to the status in the current month of generation. Therefore, the determination for February is based solely on the 950 kg generated in that month.

The New Mexico Water Quality Act, specifically the provisions concerning underground storage tanks (USTs) and the remediation of contaminated sites, establishes a framework for addressing releases from such facilities. When a release is confirmed from a regulated UST system in New Mexico, the responsible party is obligated to undertake corrective action. This corrective action must be conducted in accordance with the standards set forth by the New Mexico Environment Department (NMED). The primary goal of corrective action is to protect human health and the environment by removing or mitigating the hazardous substances released into the soil and groundwater. The process typically involves investigation to delineate the extent of contamination, followed by the implementation of a remediation plan. This plan might include various technologies such as soil vapor extraction, groundwater pump-and-treat systems, or in-situ treatment methods. The ultimate objective is to achieve cleanup levels that are protective of public health and the environment, as defined by NMED regulations. Therefore, the immediate and legally mandated action upon confirmation of a release from a regulated UST in New Mexico is to commence corrective action in compliance with NMED standards.

The New Mexico Environment Department (NMED) employs a tiered approach to hazardous waste management, prioritizing source reduction and recycling under the Resource Conservation and Recovery Act (RCRA) as adopted by the state. When a facility generates hazardous waste, it must first determine if the waste is listed or exhibits a characteristic of hazardous waste. If it is, then it must manage it according to specific regulations. For a facility that generates 100 kilograms or more of hazardous waste per month, but less than 1,000 kilograms per month, it is classified as a small quantity generator (SQG). SQGs have less stringent storage requirements than large quantity generators (LQGs). Specifically, they can accumulate hazardous waste on-site for up to 180 days without a permit, provided they meet certain conditions. These conditions include marking containers with the words “Hazardous Waste,” the accumulation start date, and the applicable hazard codes. They must also ensure containers are in good condition, compatible with the waste, and kept closed. Furthermore, SQGs must have an emergency preparedness plan and train personnel on hazardous waste management procedures. They are also required to manifest shipments of hazardous waste to a permitted treatment, storage, and disposal facility (TSDF) and submit biennial reports to the NMED detailing their hazardous waste activities. The 1,000 kg threshold for SQGs is a critical distinction from LQGs, which are subject to more rigorous management standards and can only accumulate waste for 90 days without a permit. The New Mexico Hazardous Waste Management Regulations, found in 20 NMAC 4.1, mirror federal RCRA requirements and further detail these obligations for generators within the state.

The New Mexico Water Quality Act (NMWQA), codified in the New Mexico Statutes Annotated (NMSA) Chapter 74, Article 6, establishes the framework for water pollution control. Section 74-6-4.A grants the New Mexico Environment Department (NMED) the authority to adopt and enforce rules and regulations to prevent, control, and abate water pollution. Specifically, NMSA 74-6-4.B outlines the department’s power to issue permits for discharges into state waters, which are often referred to as “state pollutant discharge permits” or similar designations that align with federal Clean Water Act (CWA) permitting, such as the National Pollutant Discharge Elimination System (NPDES) permits when delegated. The NMWQA also addresses the classification of waters and the establishment of water quality standards. The concept of “significant degradation” is a critical component of antidegradation policies, aiming to protect existing water quality. Under the NMWQA, the NMED must consider the potential for significant degradation when reviewing permit applications or proposed activities that could impact state waters. This involves evaluating whether a proposed action would lower the quality of water for designated uses, even if it remains within established water quality standards. The department’s regulatory approach often involves a tiered system for antidegradation review, with varying levels of scrutiny depending on the classification of the water body and the nature of the proposed activity. The NMED’s authority to issue permits and enforce the NMWQA is a cornerstone of its environmental protection mandate in New Mexico.

The New Mexico Environmental Improvement Act, specifically the provisions related to the Hazardous Waste Management Act, governs the handling and disposal of hazardous waste. When a facility generates hazardous waste, it must comply with manifesting requirements, which are designed to track the waste from its point of generation to its final disposal. The New Mexico Environment Department (NMED) oversees this process. A generator of hazardous waste is responsible for identifying the waste, obtaining an EPA identification number, and ensuring that the waste is transported by a licensed hazardous waste transporter to a permitted treatment, storage, or disposal facility (TSDF). The manifest document serves as a crucial legal record, detailing the type and quantity of waste, the generator, transporter, and designated TSDF. Failure to properly manifest hazardous waste or to ensure its transport and disposal at a permitted facility can result in significant penalties under New Mexico law, including fines and potential criminal charges. The concept of “cradle-to-grave” management, central to federal RCRA and adopted by New Mexico, emphasizes the generator’s continuing responsibility for the waste until its final disposition. This includes ensuring that the chosen TSDF is indeed permitted for the specific type of waste being sent.

The New Mexico Environmental Improvement Act (NMSA 1978, Chapter 74) establishes the Environmental Improvement Board and the Environment Department, granting them broad authority to protect the environment. Specifically, the Act allows the Environment Department to adopt, amend, and repeal rules and regulations to prevent, control, and abate air pollution, water pollution, and radiation and to regulate hazardous waste management. The Act also mandates the department to conduct investigations, issue permits, and enforce its regulations through administrative and judicial actions, including civil penalties. Consider a hypothetical situation where a manufacturing facility in rural New Mexico, operating under a state air quality permit issued by the New Mexico Environment Department (NMED), is found to be emitting particulate matter exceeding the limits stipulated in its permit and the applicable New Mexico Administrative Code (NMAC) regulations, specifically those pertaining to industrial emissions. The facility’s permit, in accordance with the New Mexico Environmental Improvement Act, requires regular monitoring and reporting of emissions. Upon discovery of the exceedance through a routine NMED inspection, the department has several enforcement options. The Act empowers the NMED to issue a notice of violation, demand corrective action, and impose civil penalties. The specific amount of a civil penalty is typically determined based on factors such as the severity of the violation, the duration of the exceedance, the facility’s compliance history, and the economic benefit gained from non-compliance, as outlined within the department’s enforcement guidance and the statutory framework. The Act also provides for administrative hearings and judicial review of enforcement actions.

The New Mexico Water Quality Act, specifically NMSA 1978, § 74-6-1 et seq., establishes the framework for water pollution control. The Act grants the New Mexico Environment Department (NMED) broad authority to adopt and enforce regulations to protect the state’s waters. Section 74-6-5 outlines the powers and duties of the department, including the authority to issue permits for the discharge of pollutants. The concept of “best practicable treatment technology economically achievable” (BPTE) is a key standard for setting effluent limitations for certain industrial discharges under the federal Clean Water Act, and its principles are often incorporated into state-level permitting. When a facility proposes an activity that may impact surface waters, such as discharging treated wastewater, a permit is typically required. The New Mexico Water Quality Control Commission (WQCC) Regulations, specifically 20.6.2 NMAC, detail the procedures for obtaining these permits, including the review process for proposed discharges and the establishment of water quality standards. The question asks about the initial procedural step a facility must undertake when proposing to discharge treated wastewater into a New Mexico surface water body. This requires understanding the permitting process mandated by the Water Quality Act and its associated regulations. The department’s role is to ensure that any discharge meets the established water quality standards and is consistent with the goals of the Act. Therefore, the initial and fundamental step is to formally apply for the necessary permit.

The New Mexico Environmental Improvement Act, specifically the provisions governing the New Mexico Environment Department’s (NMED) authority to issue permits and enforce environmental regulations, is central to this question. The Act empowers the NMED to establish standards and require permits for activities that may impact air quality, water quality, and waste management. When a facility fails to comply with its permit conditions, the NMED has a range of enforcement tools available. These tools are designed to address violations and prevent future non-compliance. The concept of “corrective action” is a key component of environmental enforcement, focusing on remediating the harm caused by a violation and preventing recurrence. This can involve a variety of measures, from specific operational changes to comprehensive site cleanup. The New Mexico Hazardous Waste Management Regulations (20 NMAC 4.1) and the New Mexico Air Quality Control Act (NMSA 1978, § 74-2-1 et seq.) provide the framework for these corrective actions. The NMED’s authority extends to requiring facilities to implement measures that go beyond simply ceasing the offending activity, aiming for a return to compliance and environmental restoration. The specific requirements for corrective action are often detailed in permits or enforcement orders, reflecting the unique circumstances of each violation.

The New Mexico Water Quality Act, specifically under the authority of the New Mexico Environment Department (NMED), governs the discharge of pollutants into state waters. The act establishes a permitting system, similar to the federal Clean Water Act’s National Pollutant Discharge Elimination System (NPDES), but administered by the state. Facilities discharging wastewater must obtain a New Mexico Pollutant Discharge Elimination System (NPDES) permit, which sets specific effluent limitations, monitoring requirements, and reporting obligations. These limitations are based on the best available technology economically achievable (BAT) for conventional pollutants and the best conventional pollutant control technology (BCT) for certain toxic and conventional pollutants, and the best available demonstrated control technology (BDT) for toxic and nonconventional pollutants. The permit also includes water quality standards for the receiving waters, ensuring that the discharge does not cause or contribute to a violation of those standards. Enforcement mechanisms include administrative orders, civil penalties, and criminal sanctions for knowing violations. The question probes the understanding of the primary regulatory mechanism for controlling wastewater discharges in New Mexico and the entity responsible for its administration.

The New Mexico Water Quality Act, specifically under the authority granted to the New Mexico Environment Department (NMED), governs the discharge of pollutants into state waters. Section 74-6-4 of the New Mexico Statutes Annotated (NMSA 1978) establishes the requirement for a permit for any discharge of pollutants into waters of the state. This permit system is designed to protect water quality and public health. The Act outlines procedures for permit application, issuance, modification, and revocation, as well as enforcement mechanisms for violations. When a facility operates without a required permit, it is in violation of the Act. The NMED has the authority to issue administrative orders, impose penalties, and seek injunctive relief to compel compliance and address any environmental damage. The concept of “prior appropriation” in New Mexico water law, while crucial for water rights allocation, primarily addresses the beneficial use of water and does not exempt a facility from obtaining a discharge permit if its activities involve releasing pollutants into state waters. Similarly, the Clean Water Act (CWA) at the federal level also mandates a permitting system (NPDES), but the question specifically probes understanding of New Mexico’s statutory framework and the state’s independent regulatory authority. The “reasonable use” doctrine is more typically associated with groundwater rights in some western states and is not the primary basis for regulating surface water discharges in New Mexico. Therefore, the core legal principle violated is the failure to obtain a permit under the New Mexico Water Quality Act.

The New Mexico Environment Department (NMED) utilizes a tiered approach for the remediation of contaminated sites, particularly those involving hazardous waste. The Hazardous Waste Bureau oversees the implementation of the New Mexico Hazardous Waste Management Regulations (HWMG), which are largely aligned with the federal Resource Conservation and Recovery Act (RCRA). When a release is detected, the initial step involves a preliminary assessment and site investigation (PASI) to characterize the nature and extent of contamination. Following this, if significant contamination is confirmed, a corrective action investigation is initiated. This phase aims to gather detailed data on contaminant types, concentrations, migration pathways, and potential risks to human health and the environment. Based on the findings of the investigation, a corrective action plan (CAP) is developed. The CAP outlines the proposed remediation strategies, including technologies to be employed, performance standards, monitoring requirements, and a schedule for implementation. The NMED reviews and approves the CAP, ensuring it meets regulatory requirements and effectively addresses the contamination. Remediation activities are then carried out under NMED oversight, with ongoing monitoring to confirm the effectiveness of the chosen methods and the attainment of cleanup goals. The final stage involves a site closure report, which documents the remediation process and confirms that the site meets closure criteria, allowing for post-remediation land use.