NMED News:

SANTA FE — 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. 

April Spotlight: Resource Protection Compliance and Enforcement Bureau 

The Resource Protection Compliance and Enforcement Bureau (RPCEB), established in July 2025, enforces regulations related to resource recovery, hazardous waste and petroleum storage tanks. 

Since its creation, RPCEB has issued more than 650 enforcement documents addressing significant violations. Many of these cases involved underground storage tanks that failed to meet regulatory requirements for spill and overfill prevention, posing risks to nearby stormwater systems and groundwater. 

In one instance, RPCEB inspected a gas station near a major waterway that feeds into the Rio Grande and found corroded piping that required replacement. After RPCEB took enforcement action, including issuing a red tag in September 2025, the facility replaced the piping. “New Mexico has a large land area and a wide variety of hazardous materials generated from many sources, which is why compliance with and enforcement of state and federal regulations are so important,” said RPCEB Bureau Chief Kyle Staggs. “By holding violators accountable, working reasonably with small businesses and requiring cooperation from larger industrial entities, the Department is working tirelessly to uphold its mission.” 

RPCEB has also contributed to the development of nation-leading regulations addressing per- and polyfluoroalkyl substances (PFAS), including labeling requirements for consumer products and restrictions on the use of aqueous film-forming foam containing intentionally added PFAS.  

The Bureau will support implementation of these rules by increasing staff capacity to help manufacturers register in the New Mexico PFAS Reporting System. RPCEB will also work directly with manufacturers to help them understand labeling requirements and will review requests for exemptions to the rules. 

In addition, RPCEB has coordinated with the Emergency Operations and Response Bureau’s Environmental Crimes Task Force to address complex environmental cases. This collaboration, which includes multi-state and federal partners, has strengthened communication and increased the potential for criminal prosecution in cases that originate as environmental violations. RPCEB remains actively involved in several ongoing investigations. 

These actions underscore RPCEB’s commitment to ensuring compliance and promoting the proper handling of hazardous materials and waste for the benefit of current and future generations. 

Enforcement Watch updates for April 2026 

In April, the Compliance and Enforcement Division of NMED added 146 new cases to Active Matters and resolved 115, demonstrating ongoing enforcement and accountability across the state. 

The following enforcement cases were initiated in April: 

• 56 notices of violation issued by the Food Safety Program to retail food establishments   
• 53 notices of violation issued by the Water Protection Compliance and Enforcement Bureau 
• 16 notices of violation issued by the Resource Protection Compliance and Enforcement Bureau 
• 11 notices of violation issued by the Occupational Health & Safety Bureau
• 6 notices of violation issued by the Environmental Protection Compliance and Enforcement Bureau 
• 4 notices of violation issued by the Public Pools/Spas Bureau   

 The following enforcement cases were resolved in April:  

• 67 cases in the Food Safety Program to retail food establishments
• 28 cases in the Resource Protection Compliance and Enforcement Bureau 
• 9 cases in the Occupational Health & Safety Bureau
• 8 cases in the Water Protection Compliance and Enforcement Bureau 
• 2 cases in the Environmental Protection Compliance and Enforcement Bureau 
• 1 case in the Public Pools/Spas Bureau   

Highlights of alleged violations and resolved enforcement actions in April include: 

• The Environmental Protection Compliance and Enforcement Bureau issued a Notice of Violation to Vulcan Materials Company of Phoenix for its Santa Fe HMA facility near Santa Fe, citing failure to obtain a permit prior to construction and operation in 2022. 
• The Resource Protection Compliance and Enforcement Bureau issued a Notice of Violation to Lovelace Medical Center in Albuquerque for failing to make a hazardous waste determination and for other violations in 2024, in violation of the New Mexico Hazardous Waste Management Rules. 
• The Petroleum Storage Tank Bureau issued a Notice of Intent to Red Tag to Hodges Oil Company for failing to install overfill prevention equipment at its Bosque Farms facility, in violation of New Mexico Petroleum Storage Tank regulations. 
• The Public Pools and Spas Program issued a Notice of Violation to Storm River LLC of Santa Fe for constructing a swimming pool, spa, and wading pool at South Meadows Apartments without a construction permit, in violation of the New Mexico Public Aquatic Venue Rules. 
• The Water Protection Compliance and Enforcement Bureau issued a Notice of Violation to Tetilla Peak Recreation Area in Peña Blanca for failing to correct significant deficiencies identified during a 2025 sanitary survey of the public water system, in violation of Safe Drinking Water Act 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.