{"data":{"id":"us-nm/74-6c-7","jurisdiction":"us-nm","citation":"74-6C-7","heading":"Criminal enforcement.","body":"A. A person shall not:\n(1) discharge a pollutant to waters of the United States without a permit for the discharge issued pursuant to the program;\n(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;\n(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;\n(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;\n(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\n(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.\nB. 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].\nC. 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.\nD. 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.\nE. 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.\nF. 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.\nG. 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.\nH. A single operational upset or event that leads to simultaneous violations of more than one pollutant parameter shall be treated as a single violation.\nI. The attorney general has the authority to enforce this section.","path":["Chapter 74 - Environmental Improvement","ARTICLE 6C New Mexico Pollutant Discharge Elimination System"],"source_url":"https://nmonesource.com/nmos/nmsa-unanno/en/item/18577/index.do","current_through":"2026-07-01","vintage":"","retrieved_at":"2026-09-03T15:02:20Z","sha256":"4a23ae050c9bcbdcaa60b18f8cf36fa1020fb921d11b4181552a6ec6338f4a33","source_id":"us-nm","stale":false,"prev":"us-nm/74-6c-6","next":"us-nm/74-6c-8"},"notice":"GroundRules: Original legal text. Not legal advice."}