Alamogordo NM
9-03-2025 8:42pm

New Mexico Environmental Dept. Enforcement Watch Update

The New Mexico Environment Department highlighted 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. 

 The agencies took action to drastically reduce New Mexico’s greenhouse gas emissions by 2035 under Gov. Michelle Lujan Grisham’s executive Order on Addressing Climate Change and Energy Waste Prevention. A key part of this initiative is to curb methane emissions, which are known for their ability to trap heat in the Earth’s atmosphere and exacerbate climate change’s worst effects.

Since January 2024, satellite monitoring has identified 28 major emission sources in New Mexico, primarily from compressors, tanks, and midstream facilities. NMED’s Compliance and Enforcement Division has been working to link these plume locations to specific facilities and operators.

To date, CED issued 20 letters requesting confirmation of facility ownership and verification that the owner or operator took immediate action to address the emissions. 

The next phase of this effort will include field investigations to determine if the releases were corrected and gather information relative to compliance obligations. NMED is prepared to take civil enforcement actions for any potential compliance issues.

Enforcement Watch Updates for August 2025 

In August, 223 new entries were added to the Active Matters listing and 56 were moved to the Resolved Matters listing.
New additions to the report included:

• 105 notices of violation issued by the Drinking Water Bureau

• 90 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

• 16 notices of violation issued by the Occupational Health & Safety Bureau

• 7 notices of violation issued by the Petroleum Storage Tank Bureau

• 2 notices of violation issued by the Solid Waste Bureau

• 1 notice of violation in the Septic Systems Bureau

• 1 notice of violation in the Public Pools/Spas Bureau

• 1 notice of violation issued by the Hazardous Waste Bureau The following enforcement cases were resolved in August:

• 23 cases in the Drinking Water Bureau

• 12 cases in the Food Safety Program

• 7 cases in the Hazardous Waste Bureau

• 7 cases in the Occupational Health & Safety Bureau cases in the Radiation Control Bureau • 2 cases in the Air Quality Bureau

• 1 case in the Public Pools/Spas Bureau

• 1 case in the Petroleum Storage Tank Bureau

• 1 case in the Solid Waste Bureau Highlights of alleged violations and resolved cases in August include:

• The Food Safety Program issued a Notice of Violation to 90 establishments throughout the state for operating without a valid food establishment permit.

• The Drinking Water Bureau issued a Notice of Violation to the Bureau of Reclamation in Truth or Consequences for failing to complete monitoring for nitrates, as required under Safe Drinking Water Act regulations. 

• The Hazardous Waste Bureau has issued an Administrative Compliance Order to the Grant County Sanitation Vintage Car Iron & Metal of Silver City, for violations of the NM Hazardous Waste Act, including improper storage of hazardous waste, failure to respond to the release of used oil and other regulatory noncompliance.

• The Occupational Health and Safety Bureau has issued a citation to Casa Furniture in Los Lunas for workplace safety violations. The citation addresses conditions that exposed employees to recognized hazards with the potential to cause serious injury or harm.

The Petroleum Storage Tank Bureau issued a Class B Notice of Intent to Red Tag to Freeway Liquors, Inc., in Albuquerque for multiple failures to test fuel tank safety equipment and to investigate suspected releases of fuel.

The Public Pools/Spas Bureau issued a Notice of Violation to Ten Thousand Waves of Santa Fe for constructing and operating an aquatic venue without obtaining a permit.

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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