This text of New Mexico § 74-6C-7 (Criminal enforcement) is published on Counsel Stack Legal Research, covering New Mexico primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
A. A person shall not:
(1)discharge a pollutant to waters of the United States without a permit for the discharge issued pursuant to the program;
(2)violate an applicable standard, limitation, permit condition or other requirement of a permit issued pursuant to the New Mexico Pollutant Discharge Elimination System Act or a rule adopted pursuant to that act;
(3)make a false statement, a representation, a certification or an omission of material fact in an application, a record, a plan, a form, a notice or a report required by a permit or other document submitted or maintained pursuant to the New Mexico Pollutant Discharge Elimination System Act or a rule or permit adopted or issued pursuant to that act;
(4)falsify, tamper with or render inaccurate a monitoring device, method or record r
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A. A person shall not: (1) discharge a pollutant to waters of the United States without a permit for the discharge issued pursuant to the program; (2) violate an applicable standard, limitation, permit condition or other requirement of a permit issued pursuant to the New Mexico Pollutant Discharge Elimination System Act or a rule adopted pursuant to that act; (3) make a false statement, a representation, a certification or an omission of material fact in an application, a record, a plan, a form, a notice or a report required by a permit or other document submitted or maintained pursuant to the New Mexico Pollutant Discharge Elimination System Act or a rule or permit adopted or issued pursuant to that act; (4) falsify, tamper with or render inaccurate a monitoring device, method or record required to be maintained pursuant to the New Mexico Pollutant Discharge Elimination System Act or a rule or permit adopted or issued pursuant to that act; (5) fail to monitor, sample or report as required by a permit issued pursuant to the New Mexico Pollutant Discharge Elimination System Act or a rule or permit adopted or issued pursuant to that act; or (6) violate a filing requirement pursuant to the New Mexico Pollutant Discharge Elimination System Act or a rule or permit adopted or issued pursuant to that act. B. A person who knowingly violates or knowingly causes or allows another person to violate Subsection A of this section is guilty of a fourth degree felony and shall be sentenced in accordance with the provisions of the Criminal Sentencing Act [Chapter 31, Article 18 NMSA 1978]. C. A person who is convicted of a second or subsequent violation of Subsection A of this section is guilty of a third degree felony and shall be sentenced in accordance with the provisions of the Criminal Sentencing Act. D. A person who knowingly violates Subsection A of this section or knowingly causes another person to violate Subsection A of this section and thereby causes a substantial adverse environmental impact is guilty of a third degree felony and shall be sentenced in accordance with the provisions of the Criminal Sentencing Act. E. A person who knowingly violates Subsection A of this section and knows at the time of the violation that the person is creating a substantial danger of death or serious bodily injury to any other person is guilty of a second degree felony and shall be sentenced in accordance with the provisions of the Criminal Sentencing Act. F. A person who willfully or negligently violates Paragraph (2) or (6) of Subsection A of this section may be assessed a criminal fine of ten thousand dollars ($10,000) per day for each violation. G. A person who knowingly violates Paragraph (3) or (4) of Subsection A of this section may be assessed a criminal fine of five thousand dollars ($5,000) for each violation. H. A single operational upset or event that leads to simultaneous violations of more than one pollutant parameter shall be treated as a single violation. I. The attorney general has the authority to enforce this section.