A. The legislature recognizes the threat to the public health and safety and the environment resulting from pollution of ground water resources as a result of leaking storage tanks. The legislature also recognizes that some owners and operators of facilities containing storage tanks cannot take corrective action without placing their businesses in serious financial jeopardy.
B. The legislature finds that, because New Mexico is large in area and sparsely populated in some regions, it is in the public interest to take corrective action at contaminated sites so that fuel will continue to be readily available.
C. The purpose of the Ground Water Protection Act is to provide substantive provisions and funding mechanisms to the extent that funds are available to enable the state to take corrective action at sites contaminated by leakage from storage tanks.
History: Laws 1990, ch. 124, § 2; 1995, ch. 6, § 15; 2001, ch. 325, § 12.
The 2001 amendment, effective July 1, 2001, deleted "underground" preceding "storage tanks" throughout the section.
The 1995 amendment, effective June 16, 1995, substituted "some owners" for "the owners" in Subsection A, substituted "to the extent that funds are available to enable" for "that will enable" in Subsection C, and made a minor stylistic change.
Structure New Mexico Statutes
Chapter 74 - Environmental Improvement
Article 6B - Ground Water Protection
Section 74-6B-1 - Short title.
Section 74-6B-2 - Findings; purpose of act.
Section 74-6B-3 - Definitions.
Section 74-6B-4 - Storage tank committee; creation; terms; powers and duties.
Section 74-6B-5 - Department's right of entry and inspection.
Section 74-6B-6 - Civil liability for damage to property from leaking storage tank.
Section 74-6B-7 - Corrective action fund created; authorization for expenditures.
Section 74-6B-8 - Liability; cost recovery.
Section 74-6B-9 - Storage tank fee; deposit in storage tank fund.
Section 74-6B-10 - Act does not create insurance company or fund.
Section 74-6B-13 - Payment program.
Section 74-6B-13.1 - Repealed.
Section 74-6B-14 - State liability; insufficient balance in the fund.