2006 New Mexico Statutes - Section 74-6-11 — Emergency; powers of delegated constituent agencies; penalties.

74-6-11. Emergency; powers of delegated constituent agencies; penalties.

A.     If a constituent agency determines upon receipt of evidence that a pollution source or combination of sources over which it has been delegated authority by the commission poses an imminent and substantial danger to public health, it may bring suit in the district court for the county in which such a source is located to:   

(1)     restrain immediately any person causing or contributing to the alleged condition from further causing or contributing to the condition; or   

(2)     take such other action as deemed necessary and appropriate.   

B.     If it is not practicable to assure prompt protection of public health solely by commencement of a civil action as set forth in Subsection A of this section, the constituent agency may issue such orders as it deems necessary to protect public health.  Any order issued by the constituent agency shall be effective for not more than seventy-two hours unless the constituent agency brings an action in district court within the seventy-two hour period. If the constituent agency brings an action within seventy-two hours of issuance of the order, the order shall be effective for one hundred sixty-eight hours or for a longer period of time authorized by the court.   

C.     Any person who willfully violates or fails or refuses to comply with an order issued by a constituent agency under Subsection B of this section shall, upon conviction, be punished by a fine of not more than five thousand dollars ($5,000) for each day during which the violation, failure or refusal occurs.