Pollutant Discharge Elimination System Act
The bill stipulates that the Department of Environment is empowered to monitor and enforce compliance with the permitting requirements, including the authority to conduct investigations and mandate reporting and record-keeping for discharges. It also allows for administrative compliance orders and facilitates civil actions against violators. These features are intended to create a more rigorous and responsive environmental regulatory framework, which supporters argue will help protect water resources and public health more effectively.
Senate Bill 21, known as the Pollutant Discharge Elimination System Act, establishes a comprehensive framework for regulating the discharge of pollutants into waters of the United States within New Mexico. This legislation aims to be in compliance with the Federal Water Pollution Control Act and mandates that any discharge from a point source requires a permit issued by the Department of Environment. By creating a structured permitting process, the bill seeks to enhance water quality management and safeguard public health and the environment from pollution-related hazards.
However, the enactment of SB21 invites potential contention, particularly concerning its provisions around civil penalties and private rights of action. The legislation enables citizens to bring enforcement actions against alleged violators, raising concerns among some stakeholders about the burden it might place on businesses. Critiques of the bill highlight the fear that the increased regulatory oversight may complicate existing operations and impose economic burdens, especially on smaller enterprises. On the other hand, proponents stress that robust environmental protections are critical for the wellbeing of communities and ecosystems.