New Mexico Environment Department May 2025 Update

The New Mexico Environment Department is highlighting the ongoing success of its Enforcement Watch initiative, a transparency-focused program that provides the public with consistent and timely information about the Department’s enforcement actions across environmental protection, public health, and worker safety programs. By making enforcement data accessible, Enforcement Watch reinforces NMED’s commitment to New Mexico residents for accountability and regulatory compliance statewide. Launched in May 2023, Enforcement Watch shares monthly updates on enforcement actions and their resolutions

These updates are broadly divided into two categories:

Active Matters: Alleged violations of state regulations, rules, permits, or licenses that are currently under investigation or pending resolution. •

Resolved Matters: Cases that have been adjudicated in court or administratively resolved, including the full payment of any civil penalties.

May Program Spotlight: Drinking Water

This month, the department is highlighting its enforcement efforts related to assuring compliance with the state Safe Drinking Water Act.

There are 1,054 drinking water systems in New Mexico serving 2,124,578 people. Of these, 13.9% are in violation of one or more health-based standards, meaning approximately 5.5% of New Mexicans are served water threatening their health.

.However, some violations reflect long-term concerns that require corrective action over time, not immediate emergency measures. In July 2024, the department cracked down on drinking water systems with chronic violations of drinking water standards. The department issued 138 letters to drinking water systems across the state, informing their owners of impending civil penalties if they continue to serve consumers unsafe drinking water.

Since then, the department has issued 14 Administrative Compliance Orders (ACOs) requiring public and private water suppliers to immediately fix health-based violations. The department assessed $887,820 in civil penalties, which are required by law to fund drinking water sampling and the training and development of water utility operators.

Another 16 ACOs are currently in progress and expected to be issued soon. Progress in protecting New Mexico’s drinking water is evident in the data on statewide violation trends.

In Q3 of Fiscal Year 2025, the number of water systems with health-based violations dropped to 94 — down from the previous year’s average of 115 to 125 systems per quarter.

“Through our technical assistance offerings and focused enforcement efforts, we have reduced healthbased violations and brought numerous systems back into compliance,” said Bruce Baizel, NMED Compliance and Enforcement Director. “We will continue to hold accountable those municipal governments and private entities who are responsible for making sure our tap water is safe and reliable.

Enforcement Watch Updates for May 2025

In May, 87 new entries were added to the Active Matters listing and 69 were moved to the Resolved Matters listing

New additions to the report included:

59 notices of violation issued by the Drinking Water Bureau •

18 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

5 notices of violation issued by the Occupational Health & Safety Bureau

2 notices of violation in the Air Quality Bureau

1 notice of violation in the Public Pools/Spas Bureau

1 notice of violation in the Hazardous Waste Bureau

1 notice of violation in the Ground Water Quality Bureau

The following enforcement cases were resolved in May

• 50 cases in the Food Safety Program

• 9 cases in the Hazardous Waste Bureau

• 5 cases in the Drinking Water Bureau

• 2 cases in the Public Pools/Spas Bureau

• 2 cases in the Air Quality Burea
• 1 case in the Occupational Health & Safety

Bureau Highlights of alleged violations and resolved cases in May include:

The Food Safety Program issued a Notice of Violation to Bosque Brewing of Las Cruces, Montage Coffee and Wine LLC of Los Ranchos de Albuquerque and 15 other establishments throughout the state for operating without a valid food establishment permit.

The Air Quality Bureau issued a Notice of Violation to Targa Northern Delaware LLC for 5 violations of their permit of New Mexico Air Regulations at the Frac Cat compressor station south of Loving

The Drinking Water Bureau issued 59 Notices of Violation to 30 different water systems, including the municipalities of Lordsburg, Grady, Springer, Portales, Gallup and Carlsbad, across New Mexico for a range of violations of New Mexico public drinking water regulations

The Groundwater Quality Bureau issued a Notice of Violation to the Village of Cimarron wastewater treatment facility for violations of New Mexico groundwater quality regulations

The Hazardous Waste Bureau issued a Notice of Violation to the Gila Regional Medical Center in Silver City for failing to conduct inspections and other violations of New Mexico hazardous waste regulations

The Occupational Health and Safety Bureau issued a Citation and penalties to Arcosa Wind Towers, Inc. of Belen for exposing workers to hazards in the workplace, in violation of the Occupational Health and Safety Act of 1910

The Public Pools and Spas Bureau issued a Notice of Violation to Cruachan Investors, operating Meadowlark Apartments in Rio Rancho, for operating an aquatic venue without a valid operating permit since June 2024, in violation of the New Mexico Public Aquatic Venues regulations.

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.

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