NMED News:

SANTA FE — The New Mexico Environment Department (NMED) today released Enforcement Watch updates for the month of November 2024. The Enforcement Watch is a listing of all active and resolved enforcement cases.

Active cases involve an alleged violation of a regulation, rule, permit, license, etc. Resolved cases are those that were adjudicated in court of law or administratively resolved. The Enforcement Watch also provides tools for the public to report alleged environmental or workplace safety violations.

“Improper disposal of solid waste is a significant problem that impacts all New Mexicans. It can contaminate our water sources and soil with dangerous toxins, harming both the environment and human health,” said NMED Compliance and Enforcement Director Bruce Baizel. “The Environment Department takes this issue seriously, highlighted by our enforcement action in Anton Chico last month.”

In November, 164 new entries were added to the Active Matters listing and 59 were moved to the Resolved Matters listing.

New additions to the report included:

109 notices of violation issued by the Drinking Water Bureau  
34 notices of violation issued by the Food Safety Program to retail food establishments that failed to timely pay their permit fee, resulting in a $25 late fee  
6 notices of violation issued by the Petroleum Storage Tank Bureau
8 notices of violation issued by the Occupational Health & Safety Bureau
3 notices of violation issued by the Air Quality Bureau
2 notices of violation issued by the Solid Waste Bureau
2 notices of violation issued by the Hazardous Waste Bureau

Enforcement cases resolved in November:

46 cases in the Food Safety Program
8 cases in the Occupational Health & Safety Bureau
2 cases in the Drinking Water Bureau
3 cases in the Hazardous Waste Bureau

Highlights of alleged violations and resolved cases in November include:

The Air Quality Bureau issued a notice of violation to Northwind Midstream Partners, LLC, in Jal for operating in violation of state and federal air quality regulations.
The Hazardous Waste Bureau issued a notice of violation to Banker Building Products LLC, in Albuquerque for a number of hazardous waste handling and labeling violations, in violation of the Hazardous Waste Act and its associated regulations.
The Drinking Water Bureau issued a notice of violation to the Camino Real Regional Utility Authority (CRRUA) of Sunland Park for exceeding the maximum contaminant level (MCL) Running Annual Average at the Industrial Park Arsenic TP during the fourth quarter of 2024.
The Food Safety Program issued a notice of violation for operating without a valid permit to TownePlace Suites by Marriott in Roswell.
The Solid Waste Bureau issued a notice of violation to Anton Chico Land Grant, in Anton Chico, for improper disposal of solid waste, in violation of New Mexico solid waste regulations.
The Occupational Safety and Health Bureau issued a notification of penalty to Meza General Construction LLC, in Las Cruces, for workers not wearing protective helmets while working in areas where there was possible danger of head injury from impact, in violation of the 1970 Occupational Safety and Health Act.

Enforcement Watch provides the public, the business community, environmental nongovernment organizations, and municipal governments with easy access to see which organizations NMED has alleged are in violation of regulations, permits, and/or licenses administered by the Department. It is updated when violations are alleged or resolved. Retrospective enforcement matters are added as staffing resources allow. Organizations remain on Enforcement Watch until the alleged violations are corrected to the satisfaction of the Department.

The easiest way for an organization to avoid appearing on the Enforcement Watch is to stay off it in the first place by remaining in full compliance with applicable regulations. NMED encourages organizations that are unclear of their regulatory responsibilities to contact a consultant and conduct a third-party compliance audit and disclose potential violations.

NMED provides detailed compliance and enforcement metrics in the Compliance Measures section of the Quarterly Performance Report.

The full Enforcement Watch can be viewed at https://www.env.nm.gov/enforcement-watch.