A. If a constituent agency determines upon receipt of evidence that a pollution source or combination of sources over which it has been delegated authority by the commission poses an imminent and substantial danger to public health, it may bring suit in the district court for the county in which such a source is located to:
(1) restrain immediately any person causing or contributing to the alleged condition from further causing or contributing to the condition; or
(2) take such other action as deemed necessary and appropriate.
B. If it is not practicable to assure prompt protection of public health solely by commencement of a civil action as set forth in Subsection A of this section, the constituent agency may issue such orders as it deems necessary to protect public health. Any order issued by the constituent agency shall be effective for not more than seventy-two hours unless the constituent agency brings an action in district court within the seventy-two hour period. If the constituent agency brings an action within seventy-two hours of issuance of the order, the order shall be effective for one hundred sixty-eight hours or for a longer period of time authorized by the court.
C. Any person who willfully violates or fails or refuses to comply with an order issued by a constituent agency under Subsection B of this section shall, upon conviction, be punished by a fine of not more than five thousand dollars ($5,000) for each day during which the violation, failure or refusal occurs.
History: 1953 Comp., § 75-39-10, enacted by Laws 1967, ch. 190, § 10; 1970, ch. 64, § 6; 1971, ch. 277, § 52; 1993, ch. 291, § 10.
The 1993 amendment, effective June 18, 1993, rewrote the catchline, which read "Emergency Procedure"; deleted the former language of the section relating to the procedure followed by the director of the environmental improvement agency to abate water pollution, and added new Subsections A through C.
Law reviews. — For comment, "Control of Industrial Water Pollution in New Mexico," see 9 Nat. Resources J. 653 (1969).
For article, "The Assurance of Reasonable Toxic Risk?," see 24 Nat. Resources J. 549 (1984).
Am. Jur. 2d, A.L.R. and C.J.S. references. — 61A Am. Jur. 2d Pollution Control §§ 2012, 2050.
39A C.J.S. Health and Environment § 144.
Structure New Mexico Statutes
Chapter 74 - Environmental Improvement
Section 74-6-3 - Water quality control commission created. (Repealed effective July 1, 2026.)
Section 74-6-3.1 - Legal advice. (Repealed effective July 1, 2026.)
Section 74-6-4 - Duties and powers of commission. (Repealed effective July 1, 2026.)
Section 74-6-5 - Permits; certification; appeals to commission.
Section 74-6-5.1 - Disclosure statements.
Section 74-6-5.2 - Water quality management fund created.
Section 74-6-6 - Adoption of regulations and standards; notice and hearing.
Section 74-6-7 - Administrative action; judicial review.
Section 74-6-8 - Duties of constituent agencies.
Section 74-6-9 - Powers of constituent agencies.
Section 74-6-10 - Penalties enforcement; compliance orders; penalties; assurance of discontinuance.
Section 74-6-10.1 - Civil penalties.
Section 74-6-10.2 - Criminal penalties.
Section 74-6-11 - Emergency; powers of delegated constituent agencies; penalties.
Section 74-6-12 - Limitations.
Section 74-6-13 - Construction.
Section 74-6-15 - Confidential information; penalties.
Section 74-6-16 - Effect and enforcement of Water Quality Act during transition.
Section 74-6-17 - Termination of agency life; delayed repeal.