New Mexico Statutes Chapter 74. Environmental Improvement § 74-6C-5. Department;  duties and powers

(2) conduct investigations;

(3) require monitoring, sampling and reporting;

(4) require the keeping and production of records, documents and other information;

(5) review applications;

(6) require, issue, renew, modify, deny or terminate permits;

(7) deny a permit or request for permit coverage if the discharge would cause or contribute to a pollutant in excess of a downstream state or tribal water quality standard;

(8) enter into or through any site or premises subject to rules adopted for the program or in which records relevant to program operation are kept or may be located, at a reasonable time and upon the presentation of proper credentials, in order to investigate whether a discharge may be present, inspect, monitor, copy records, sample, photograph, collect other information or otherwise investigate compliance with the program, including compliance with permit conditions and other program requirements.  Entry into a private residence shall be allowed only by consent of the owner of the residence or order of the district court for the county in which venue is proper;

(9) issue administrative compliance orders and file civil and criminal actions in the district court to enforce the New Mexico Pollutant Discharge Elimination System Act, permits and rules, including pretreatment standards and local limits adopted by publicly owned treatment works;

(10) enter into agreements with the regional administrator for the implementation of the program;

(11) enter into agreements with other governmental entities, including Indian nations, tribes and pueblos;  and

(12) receive and expend funds appropriated, authorized, granted, donated or allocated to the department for purposes consistent with the New Mexico Pollutant Discharge Elimination System Act.

(1) encourage the public to report violations pursuant to the New Mexico Pollutant Discharge Elimination System Act;

(2) develop procedures for receiving and ensuring proper consideration of information submitted by the public about violations and make available information on those reporting procedures;

(3) investigate and provide written responses to all complaints submitted pursuant to the reporting procedures;

(4) publish notice of and provide at least thirty days for public comment on any proposed settlement of an enforcement action taken pursuant to the New Mexico Pollutant Discharge Elimination System Act;  and

(5) not oppose intervention by any person when permissive intervention may be authorized by statute or rule.