2018 New Mexico Statutes
Chapter 74 - Environmental Improvement
Article 2 - Air Pollution
Section 74-2-13 - Inspection.
The secretary or the director or an authorized representative of either, upon presentation of his credentials:
A. shall have a right of entry to, upon or through any premises on which an emission source is located or on which any records required to be maintained by regulations of the environmental improvement board, the local board or by any permit condition are located; and
B. may at reasonable times:
(1) have access to and copy any records required to be established and maintained by regulations of the environmental improvement board or the local board or any permit condition;
(2) inspect any monitoring equipment and method required by regulations of the environmental improvement board, the local board or by any permit condition; and
(3) sample any emissions that are required to be sampled pursuant to regulation of the environmental improvement board, the local board or any permit condition.
History: 1953 Comp., § 12-14-11.1, enacted by Laws 1972, ch. 51, § 8; 1992, ch. 20, § 16.
Cross references. — For definitions of "department" and "board," see 74-2-2 NMSA 1978.
The 1992 amendment, effective March 5, 1992, rewrote the introductory paragraph, which formerly read: "Any employee of the department or board, upon presentation of proper department or board credentials:"; in Subsection A, deleted "at reasonable times" following "have" and substituted all of the present language of the subsection following "regulations" for "of the board"; and rewrote Subsection B, which formerly read: "may at reasonable times have access to and copy any records required to be established and maintained by regulations of the board".
Consent to search. — In knowingly and voluntarily agreeing to the terms and conditions of an air quality permit specifically granting the environmental division a right of entry to the permittee's facility at all reasonable times to verify the terms and conditions of the permit, the permittee waived its rights under the Fourth Amendment to warrantless searches that comply with the requirements of the permit and Section 74-2-13 NMSA 1978. Copar Pumice Co., Inc. v. Morris, 632 F. Supp. 2d 1055 (D.N.M.).
Am. Jur. 2d, A.L.R. and C.J.S. references. — 73 C.J.S. Public Administrative Law and Procedure § 22; 73A C.J.S. Public Administrative Law and Procedure §§ 126, 127.
