A. The department is responsible for environmental management and consumer protection programs. In that respect, the department shall maintain, develop and enforce rules and standards in the following areas: (1) food protection; (2) water supply, including implementing a capacity development program to assist water systems in acquiring and maintaining technical, managerial and financial capacity in accordance with Section 1420 of the federal Safe Drinking Water Act of 1974 and establishing administrative penalties for enforcement; (3) liquid waste, including exclusive authority to collect on-site liquid waste system fees that are no more than the average charged by the contiguous states to New Mexico for similar permits and services and to implement and administer an inspection and permitting program for on-site liquid waste systems; (4) air quality management as provided in the Air Quality Control Act [Chapter 74, Article 2 NMSA 1978]; (5) radiation control and collection of license, registration and other related fees as provided in the Radiation Protection Act [Chapter 74, Article 3 NMSA 1978]; (6) noise control; (7) nuisance abatement; (8) vector control; (9) occupational health and safety as provided in the Occupational Health and Safety Act [50-9-1 to 50-9-25 NMSA 1978]; (10) sanitation of public swimming pools and public baths; (11) plumbing, drainage, ventilation and sanitation of public buildings in the interest of public health; (12) medical radiation, health and safety certification and standards for radiologic technologists as provided in the Medical Imaging and Radiation Therapy Health and Safety Act [Chapter 61, Article 14E NMSA 1978]; (13) hazardous wastes and underground storage tanks as provided in the Hazardous Waste Act [Chapter 74, Article 4 NMSA 1978]; (14) solid waste as provided in the Solid Waste Act [74-9-1 to 74-9-42 NMSA 1978]; and (15) carbon intensity of transportation fuels as provided in Section 4 [74-1-18 NMSA 1978] of this 2024 act, including registration and related fees. B. Nothing in Subsection A of this section imposes requirements for the approval of subdivision plats in addition to those required elsewhere by law. Nothing in Subsection A of this section preempts the authority of any political subdivision to approve subdivision plats. History: 1953 Comp., § 12-19-10, enacted by Laws 1971, ch. 277, § 10; recompiled as 1953 Comp., § 12-12-10 by Laws 1972, ch. 51, § 9; 1973, ch. 340, § 5; 1977, ch. 122, § 5; 1983, ch. 317, § 13; 1989, ch. 223, § 1; 1989, ch. 289, § 2; 1990, ch. 99, § 64; 1997, ch. 139, § 7; 1999, ch. 203, § 1; 2000, ch. 86, § 1; 2000, ch. 96, § 1; 2024, ch. 54, § 2. Cross references. — For definition of "department," see 74-1-3 NMSA 1978. For the Solid Waste Act, see 74-9-1 NMSA 1978 and notes thereto. For the federal Safe Drinking Water Act, see 21 U.S.C. § 349 and 42 U.S.C. § 300f et seq. The 2024 amendment, effective May 15, 2024, added the area of carbon intensity of transportation fuels as provided in Section 4 of this 2024 act to the list of duties for which the department of environment is required to maintain, develop and enforce rules and standards, and made certain technical amendments; and in Subsection A, Paragraph A(2), after "federal Safe Drinking Water Act", added "of 1974", and added Paragraph A(15). 2000 Multiple Amendments. — Laws 2000, ch. 86, § 1, effective May 17, 2000, in Subsection A(5), substituted "rules" for "regulations" throughout the section, and inserted "and establishment of license, registration and other related fees". Laws 2000, ch. 96, § 1, effective May 17, 2000, in Subsection A, in the preliminary language, substituted "rules" for "regulations"; and in Subsection A(3), inserted "to collect on-site liquid waste system fees that are no more than the average charged by the contiguous states to New Mexico for similar permits and services and". The 1999 amendment, effective April 6, 1999, rewrote the section heading, which formerly read "Environment", and substituted the language beginning "implementing a capacity development program" for "regulations establishing a reasonable system of fees for the provision of services by the department to public water supply systems, and water pollution as provided in the Water Quality Act" in Subsection A(2). The 1997 amendment, effective June 20, 1997, substituted "environment department" for "environmental improvement agency" in the section heading; substituted "department" for "agency" throughout the section; and added "including exclusive authority to implement and administer an inspection and permitting program for on-site liquid waste systems;" in Paragraph A(3). Conflict between municipal ordinance and state statute. — As a matter of statutory interpretation, the specific grant to the NMED in the Environmental Improvement Act trumps the city's claim to general authority under the Sewage Facilities Act. Interstate Nuclear Servs. Corp. v. Santa Fe , 179 F Supp.2d 1253 (D.N.M. 2000). The secretary has jurisdiction over questions relating to the proper category of permit for a mixed waste landfill. Citizen Action v. Sandia Corp., 2008-NMCA-031, 143 N.M. 620, 179 P.3d 1228, cert. denied, 2008-NMCERT-002, 143 N.M. 665, 180 P.3d 674. Agency is not given all-encompassing power to abate nuisances. Gonzalez v. Whitaker , 97 N.M. 710, 643 P.2d 274 (Ct. App.), cert. denied, 98 N.M. 336, 648 P.2d 794 (1982). Abating nuisance is within jurisdiction of courts. — It readily falls within the traditional jurisdiction of the court to enjoin, abate or impose damages for creation of a nuisance. Gonzalez v. Whitaker , 97 N.M. 710, 643 P.2d 274 (Ct. App.), cert. denied, 98 N.M. 336, 648 P.2d 794 (1982). No authority to deputize local officials. — The environmental improvement division (now department) (EID) may seek assistance from city and county law enforcement agencies to enforce asbestos disposal regulations pursuant to the Mutual Aid Act, 29-8-1 to 29-8-3 NMSA 1978, but it cannot deputize city or county law enforcement officials to act as EID agents to enforce the division's asbestos disposal regulations. 1987 Op. Att'y Gen. No. 87-48. Law reviews. — For note, "On Building Better Laws for New Mexico's Environment," see 4 N.M.L. Rev. 105 (1973). For note, "State Control of Low-Level Nuclear Waste Disposal," see 17 Nat. Resources J. 683 (1977). Am. Jur. 2d, A.L.R. and C.J.S. references. — 39A C.J.S. Health and Environment § 133.
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