New Mexico Statutes
Article 2 - Air Pollution
Section 74-2-5.1 - Duties and powers of the department and the local agency.

The department and the local agency for their respective jurisdictions shall:
A. develop facts and make investigations and studies consistent with the Air Quality Control Act and, as required for enforcement of that act, enter at all reasonable times in or upon any private or public property, except private residences, that the department or the local agency has reasonable cause to believe is or will become a source contributing to air pollution and require the production of information relating to emissions that cause or contribute to air pollution. The results of any such investigations shall be reduced to writing if any enforcement action is contemplated, and a copy shall be furnished to the owner or occupants of the premises before the action is filed;
B. institute legal proceedings to compel compliance with the Air Quality Control Act or any regulation of the environmental improvement board or the local board;
C. encourage and make every reasonable effort to obtain voluntary cooperation by the owner or occupants to preserve, restore or improve air purity;
D. consult with any person proposing to construct, install or otherwise acquire an air contaminant source, device, system or control mechanism concerning the efficiency of the device, system or mechanism or the air pollution problem that may be related to the source, device, system or mechanism; provided that consultation shall not relieve any person from compliance with the Air Quality Control Act, regulations in force pursuant to that act or any other provision of law;
E. establish a small business stationary source technical and environmental compliance assistance program, consistent with the provisions of Section 507 of the federal act;
F. accept, receive and administer grants or other funds or gifts from public and private agencies, including the federal government, or from any person;
G. classify and record air contaminant sources that, in its judgment, may cause or contribute to air pollution, according to levels and types of emissions and other characteristics that relate to air pollution; provided, classifications may be for application to the entire geographical area of the department's responsibility or the local authority's responsibility or to any designated portion of that area and shall be made with special reference to the effects on health, economic and social factors and physical effects on property; and
H. develop and present to the environmental improvement board or the local board a plan for the regulation, control, prevention or abatement of air pollution, recognizing the differences, needs, requirements and conditions in the different portions of the geographical area of the department's responsibility or the local authority's responsibility.
History: 1978 Comp., § 74-2-5.1, enacted by Laws 1992, ch. 20, § 5.
Repeals and reenactments. — Laws 1992, ch. 20, § 5 repealed former 74-2-5.1 NMSA 1978, as enacted by Laws 1985, ch. 95, § 6, relating to joint air quality control board reports, and enacted the above section, effective March 5, 1992.
Cross references. — For Section 507 of the federal Clean Air Act, see 42 U.S.C. § 7661f.

Structure New Mexico Statutes

New Mexico Statutes

Chapter 74 - Environmental Improvement

Article 2 - Air Pollution

Section 74-2-1 - Short title.

Section 74-2-2 - Definitions.

Section 74-2-3 - Environmental improvement board.

Section 74-2-4 - Local authority.

Section 74-2-5 - Duties and powers; environmental improvement board; local board.

Section 74-2-5.1 - Duties and powers of the department and the local agency.

Section 74-2-5.2 - State air pollution control agency; specific duties and powers of the department.

Section 74-2-5.3 - Repealed.

Section 74-2-6 - Adoption of regulations; notice and hearings.

Section 74-2-7 - Permits; permit appeals to the environmental improvement board or the local board; permit fees.

Section 74-2-7.1 - Local governing body authority; construction permits; electric generation facilities.

Section 74-2-8 - Variances.

Section 74-2-9 - Judicial review; administrative actions.

Section 74-2-10 - Emergency powers of the secretary and the director.

Section 74-2-11 - Confidential information.

Section 74-2-11.1 - Limitations on regulations.

Section 74-2-12 - Enforcement; compliance orders; field citations.

Section 74-2-12.1 - Civil penalty; representation of department or local authority; limitation of actions.

Section 74-2-13 - Inspection.

Section 74-2-14 - Criminal penalties.

Section 74-2-15 - State air quality permit fund.

Section 74-2-15.1 - Repealed.

Section 74-2-16 - Municipal or county air quality permit fund.

Section 74-2-17 - Continuing effect of existing laws, rules and regulations.

Section 74-2-18 to 74-2-22 - Repealed.