New Mexico § 74-1-6 - Department; powers

§ 74-1-6. Department; powers

The department shall have power to: A. sue and be sued; B. make contracts to carry out its delegated duties; C. enter into agreements with environmental and consumer protection agencies of other

states and the federal government pertaining to duties of the department; D. enter into investigation and remediation agreements with persons potentially responsible

for sites within New Mexico subject to the federal Comprehensive Environmental Response,

Compensation, and Liability Act of 1980, 1 and such agreements shall not duplicate or take any authority from the oil conservation

commission; E. serve as agent of the state in matters of environmental management and consumer

protection not expressly delegated by law to another department, commission or political

subdivision in which the United States is a party; F. enforce the rules, regulations and orders promulgated by the board and environmental

management and consumer protection laws for which the department is responsible by

appropriate action in courts of competent jurisdiction; G. collect civil penalties pursuant to law, including reduction or elimination of

penalties for violations from persons that: (1) within sixty days of the discovery of a potential violation, voluntarily report

to the department potential violations of law enforced by the department; (2) initiate corrective action for the potential violation; (3) have not previously violated the same provision of law; and (4) do not present an imminent and substantial endangerment to health or the environment

by the potential violation. H. on the same basis as any other person, recommend and propose regulations for promulgation

by the board; I. on the same basis as any other person, present data, views or arguments and examine

witnesses and otherwise participate at all hearings conducted by the board or any

other administrative agency with responsibility in the areas of environmental management

or consumer protection, but shall not be given any special status over any other party;

and J. have such other powers as may be necessary and appropriate for the exercise of

the powers and duties delegated to the department. 1

42 U.S.C.A. § 9601 et seq.