The board shall promulgate all regulations applying to persons and entities outside of the department.
History: 1953 Comp., § 12-19-6, enacted by Laws 1971, ch. 277, § 6; recompiled as 1953 Comp., § 12-12-6 by Laws 1972, ch. 51, § 9; 1973, ch. 340, § 3; 1997, ch. 139, § 5.
Cross references. — For definition of "department", see 74-1-3 NMSA 1978.
The 1997 amendment, effective June 20, 1997, substituted "department" for "agency".
Board's duty to prepare regulations. — The environmental improvement board has a duty to have the regulations prepared by a staff of its own. It has no right to delegate this authority to one who is an "interested person" at a public hearing. Kerr-McGee Nuclear Corp. v. N.M. Envtl. Improvement Bd., 1981-NMCA-044, 97 N.M. 88, 637 P.2d 38, cert. quashed, 97 N.M. 242, 637 P.2d 1087.
Power to regulate environment. — The Environmental Improvement Act grants the department and its environmental improvement board the power to regulate the environment on behalf of the citizens of New Mexico. Colonias Dev. Council v. Rhino Envtl. Svcs., Inc., 2005-NMSC-024, 138 N.M. 133, 117 P.3d 939.
Am. Jur. 2d, A.L.R. and C.J.S. references. — 61A Am. Jur. 2d Pollution Control § 4.
39A C.J.S. Health and Environment §§ 137, 138.
Structure New Mexico Statutes
Chapter 74 - Environmental Improvement
Article 1 - General Provisions
Section 74-1-2 - Purpose of Environmental Improvement Act.
Section 74-1-4 - Environmental improvement board; creation; organization.
Section 74-1-5 - Environmental improvement board; duties.
Section 74-1-6 - Department; powers.
Section 74-1-7 - Department; duties.
Section 74-1-7.1 - Green zia program; business sensitive information confidential.
Section 74-1-8 - Board; duties.
Section 74-1-8.1 - Legal advice.
Section 74-1-8.2 - Recompiled.
Section 74-1-9 - Adoption of regulations; notice and hearing; appeal.
Section 74-1-10.1 - False statements to the department; penalties.
Section 74-1-12 - Compliance with the federal Safe Drinking Water Act; purpose.
Section 74-1-13 - Water conservation fee; imposition; definitions.
Section 74-1-14 - County or municipal authority regarding on-site liquid waste system.
Section 74-1-15.1 - Liquid waste disposal system assistance fund; created; purpose.
Section 74-1-15.2 - Environmental health fund; created.
Section 74-1-16 - Water recreation facilities; fee imposition.